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HomeMy WebLinkAbout1980/05/19 - ADMIN - Minutes - City Council - Regular2. MINUTES CIiY COil�VCIL t9EETIf�G ST. LO�IS P/�RK, 1�1IN��ESOTA �4ay 19, 19�0 Call to Order P. reoular r�eetina of the City Council was called to order by ��layor Phyllis t•1cQuaid at 7:30 p.m. Presentations New members were sworn into the Police Reserve b,y City Clerk. Each new menber was also presented �vith a certificate signifying completion of the required Poiice Reserve training prograr�. 3. P,oll Call The follo�ving Councilmen were present at roll call: Ronald Backzs Jerrold Martin Martha Elstrom Keith Meland Lyle Hanks John Ralles Phyllis Mc�uaid Also present were the acting City t9anager/Planning Director, City llttorney, Director of Public 4Jorks and City Assessor. 4. 5. A roval of i�ti nutes expressed a desire for fifth paragraph, "Len lots..," The motion passed 7-0. It was moved by Co�.�ncilman Elstrom, seconded by Councilman Backes, to approve the minutes of the reqular City Council meeting held tlay 5, 1930, as amended on page 133, eighth paragraph, to read, "...Ryan and Kocher who some curb and sidewalk repair" and on page137, Thiel explained his employer owned six vacant It was moved by Councilman Ralles, seconded by Councilman �leland to approve the minutes of the special City Council meeting held April 29, 1930, as presented. The motion passed 5-0-2 (Councilmen �lartin and Backes abstained). ,A� r__o��v��a�l It was move�l by Co�ncilman tleland, seconded by of � enda Councilman Ralles, to approve tne consent agenda for May i9, 1930, as presented. Tne motion passed '1-0. -151- City Council �4eeting minutes, May 19, 1980 6a. It was moved by Councilr�an Elstrom, seconded by Councilman 1�leland, to approve the agenda fssional1Inst93mentstandh11io1CoYmnunitydEducation 7a, P.equest of Profe Budget. The motion passed 7-0. PUBLIC HEARIi�GS Variance; Application of Charles Eckerstrom to vacate a e acation portion of the alley lying between Princeton/ (�uentin Avenues an�f 4Jest 16th Street/Cedar Lake Road , as descri be� i n ��oti ce of Fleari ng publ i sh- ed April 23,1980. Robert Kotarski, 1660 Princeton Aven�e, spoke in favor of vacating this allpy. He said that improving the alley could induce drainage as well as snow removal problems. Eldon Gustafson, 1636 Princeton Avenue, spoke in support of the alley vacation. hirs. Willard Peterson, 4906 Cedar Lake Raod, appeare�i in opposition to the alley vacation. She said that vacation of this alley would present difficulties to her in getting out of her back yard. There being no one further wishing to speak, the �4ayor declared the hearing closed. In response to a question from Councilr�an Hanks, the acting City Manager sai�i that if the alley v�ere vacated, the property would be divided equally betareen adjoining �roperty owners. Councilman Hanks tlien re- quested an elaboration upon Mrs. Peterson's situation. The actinq City �lanac�er explained that Mrs. Peterson's driveway was located on the east side of her �roperty. Because her garage is situated on the alley, t4rs. Peterson needs access to her property via the alley. It was move�l by Councilman Ralles, seconded by Councilman t�lartin, ta waive the first reading of the ordinance and set the second reading for June 2, 19•S0. The motion passed 6-1 (Councilman Hanks opposed). Variance; Application of Dennis Doyle for variance �n eso ution No. 6555 front-yard requirement west of Randall/ . Iluntington Avenue intersection, as described in P�otice of Hearing published May 7, 1980. -152- � City Council Meeting minutes, May 19, 19a0 Dennis Doyle, 4�40 12th Avenue South appeared before Council in support of the variance. He explained that this variance was necessary to enable the construction of a garage on this property. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman fleland, and seconded by Councilman llartin, to waive the reading an:; adopt Resolution r�o. 6555 entitled, "A resolution granting variance in front-yard setback from Section 14-128 of the Ordinance Code relating to zoning to permit a front-yard of 12 feet in the R-1 district". The r*ation passed 7-0. 6c. Variance; Application of Mildred Cashman for variance in Resolution No. b5�6 front-yard requirement at 6414-18 Cambridge Street, as described in P�otice of Hearinq published May 7, 19E0. There being no one present wishing to speak, the Mayor declared the hearing closed. Counciltr�an tleland noted that the property owner's application requested a zero (0) foot setback across 84 feet of this property. He asked the acting City Manager if a zero foot setback across 65 feet tiroul� be acceptable to the property owner. Tfie acting City Manager replied that this was agreeable to the property owner. It iras moved by Councilman Martin, seconded by Councilman Elstrom, to deny the applicant's original request. The motion passed 7-0. It was moved by Councilman �4artin, seconded by Councilman �4eland, to waive reading and a�opt Resol�tion t�o. 6556 entitled, "A resolution granting variance in front yard setback from Section 1�-181 of ttie Ordinance Code relating to zoning to permit a zero foot setback across 65 feet in the I-1 District at 6414-18 Cambridge Street under specified conditions." The motion passed 7-0. 6d. Variance; Application of hiargaret Schmitz for variance Reso ut�on P�o. 6557 in front-yard requirement at 3310 Hillsboro Avenue, as described in ��otice of Hearing oublished May 7, 1984. . ��largaret Schmitz, 1470 Kentucky Avenue South, appeare� before the Council in support of this variance. -153- � City Council Meeting minutes, htay 19, 1980 There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Martin, seconded by Councilman Backes, to waive the reading and adopt Resolution No. 6557 entitled, "A resolution granting variance in front-yard setback from Section 14-123 of the Ordinance Code relatina to zoninq to permit a front-yard of 22.5 feet instead of the reouired 35 feet in the R�1 District." The motion passed 7-0. 6e. Ordinance Code Amendment; Par in Lot S ace Reduction for ompact utomo i es Ordinance Code amendment, Section 14-187 (2) (h), related to parking lot space reduction to accorrrrwclate compact automobiles, as described in �lotice of Hearing published April 23, 1980. There being no one present ti�ishing to speak, the �4ayor declared the hearing closed. It was moved by Councilman Elstrom, seconded by Councilman �4artin, to rraive first reading of the ordinance and set second reading for June 2, 19Fi0. The motion passed 1-0. PETITIOfJS, REQUESTS A(ID COMMUNICIITIOP�S 7a. Request of Professional T.J. Arneson, �601 Hiahway 7, appeared Instruments on behalf of Prefessional Instruments Company, requesting the Council to set a public hearing date of June 16, 1980, regarding his petition to vacate a portion of Monterey south of Highway 7. The acting City Manager explained that prior to vacating any kind of prop- �: erty serving a public purpose, state law requires that a public hearing ��: be held. He indicated that if the public hearing ���ere set for June 16, ��� 1980, the Planning Comnission would have sufficient time to review that ;i request. � to set � It vras moved by Councilman Backes, seconded by Councilman Elstrom, a public hearing for June 16, 1980 for the purpose of considering the I petition of Professional Instruments Company to vacate a portion of Monterey south of Highway 7. The motion passed 7-0. -154- J City Council Meeting minutes, May 19, 1980 1b. Request of Dougherty/Dawkins; Otto Byhre of Dougherty/Darrkins, Represent�ng K-(4art appeared before the Council to request that a public hearing be set no later than June 30, 19�fl to enable K-Mart to seek tax exempt financing for the remodeling of the Zayre's Sh�ppers City facility. Qyhre said that in accordance with state rules and regulations, a hearinq must be held at the June 16 meeting followed by the adoption of a resolution. Counc i 1 man Hanks as ked i f K-�4a rt had been i n contac t��i th the Ci ty's Planning staff. The acting City i�tanac�er responded that he had not yet received any plans for the remodeling of this faciiity. Councilman �a��s comnented that it was difficult to set a date for this hearing without having any knowledge of the essence of the K-Mart proposal. Councilman Hanks suggested that a special meeting be held the last week of June to allow staff the necessary time to revieN K-Mart's develop- ment plans. It was move� by Councilman Meland, seconded by �ouncilman Elstrom, to defer the setting of a public hearing to the June 2, 19;Q meetina_ The �otion passed 7-0. RESOLUTIONS AND OP.DINANCES 8a• Water Uses Restrictions• Second reading of Ordinance Code r nance o. amendment related to restrictions on water use. It was moved by Councilman Elstrom, seconded by Councilman Ralles, to rraive second reading and adopt Ordinance No. 1464 entitled "An ordinance related to restricted Nater use, amending the St. Louis Park Ordinance Code, Chapter 9, Sections 9-102 and 9-109 and aciding Section 9-113" as presented. The motion passec+ 7-0. 8b• Yendin Machines; �nance � o. 465 Second reading of Ordinance Code amendment related to vending machines. It was moved by Councilman Ralles, seconde� by Councilman �'lartin, to waive second reading and a�opt Ordinance No. 14b5 entitled "An Ordinance re]ated to vendina r�achines, amending the St. Louis Park Ordinance Code, Section 13-910 (2� and adding Section 13-913 (3)" as presented. The motion was passed 7-0. City fnuM;11 Neet�ng minutes, Nay 19, 1930 9a. 9b . 9c. '� . 9e. 9f, 9g. 9h. 91, P:EP�tTS OF OfFICERS. BOAROS At�D COMMITTEES �.�,rrm�nit� P.�latf�ns The minutes of the Community Relations �omnission � ��� s�� rieeti nq hel d t4ay 8, 1930, were ordered fi 1 ed by .�-- -- consent. F1n�n�fa1 P.�Po� Plan�fn� r-�xn�ission The April, 1980 Financial Report was ordered filed by consent. 7he minutes of the Planning Comnission meetinq held Hay 7, 19a0 were ordered filed by consent. 1b��sing �+uttw r�tY The minutes of tne Housing and Redevelopment A��thori ty meeti ng hel d May 6, 19a0 were ordered filed by consent. �,a r�: � f Znn i n �pea s Nur^�n P,t hts ��;r-i� ss Qn Belt Lfne �oulevar� The minutes of the meeting held April by consent. Board of Zoninq Appeals 24, 1980 were ordered filed The minutes of the Human Rights Commission held April 16, 1980 were ordered filed by consent. Preliminary enqinepring report, Belt Line goulevard, Project 80-37. It rras moved b,y Councilman Hanks, seconde�i by �urv.ilran tlplarvl, t� authorize preparation of plans, specifications �nd �9vertis�r�:nts �n� set the assessment hear.ing. Th� �tion passeG 5-2 (Councilman Backes and Elstrom opposed). Fir4 l.�nes� Fire Lanes requested at TGI Friday's. i?esoTu on ib. 6�58 "' The Council adopted Resolution No. 655� entitled "A resolution authorizing placem�nt of traffic control signs establishina fire lanes at 5�15 Idayzata Boulevard", by consent. Leaf Gollection P.eport from the Comnunity Relations Cormission on leaf collection. It �as moved by Councilman Hanks, seconded bY f,���r,:1lr�hn Nartin, to dir�ct staff to write a letter of thanks to the �,�m�r��rnit� Pul�tl�ns !',orrmission for its study of this issue and to instr��t ;t,af! +:o furth?r �xplare the alternatives of bagqin�, baling and comPos�" �, �nq lvayes �nd t.o cor,�p�re these alternatives with the savings that cou�d ` bv, er.hlpv�f thro��gh the elimination of the program. , 7ht rar�tion passe� 1-0. -156- � City Council Meeting minutes, t�1ay 19, 198p 9j. Miracle Mile Shoppinq Center; Application of Corrigan Properties, Resolution f�o. G559 Inc.for a special permit to remodel Miracle �•lile Shopping Center, 5003- 5426 Excelsior Boulevard. LaVere 3rooks, architect for Corrigan Properties, spoke to Council with regard to Condition E�o. 2,of the proposed resolution. He exolained that Corrigan Properties did not, at this time, wisf� to underground utilities in the t4iracle Miles Shopping Center. He stated that tl�is was a very costly iter� and should be done at a time when major renovation �' is undertaken. He explained that the present ir�provements being made to �' the �liracle Mile Shopping Center are onlu cosmetic alterations. l�le did G; comnent that �ajor remodeling was anticipated in the future. He there- r�� fore requested that Corrigan Properties be given a time extension beyond �-' October 15, 1985 to accomplish the undergrounding of utilities. �� Councilman Elstron noted that the date for the undergrounding of utili- tic�s fiad been revised by the Planning Commission. She comnented that originally undergrounding had been projected for October, 1931. Mr. �:on Matson, 27�5 South Lexington Avenue appeared before the Council representing l+larner True-Value Flardware. blhile Mr. Matson explained that he was in favor of the remor+eling project, he expressed some of his concerns about the proposed resolution being considered by the Council. Flis first concern was that of undergrounding utilities. He cor,r��nted that if the underqrounding of utilities was done at this tir�e, his store could expect a hiQher rent when the current lease expires. Mr. tlatson also explained that he ���ould encounter some problems with the fourth provision of this resolution which deals with outside storage of materials and equipment. According to Mr. Matson, there are several instances durins the year when it becomes necessary to use trailers for temporary storage, e.g. when sales on insulation are lield. 1�1r. Platson also discussed the limitations on sign area which are included in the resolution. Ne in�icated that '�larner True-Value Hard- ware wants to maintain the same size of sign area that exists. This is necessary to enable Warner True-Value Hardware to display their entire corporate name upon the store located in the Miracle Mile Center. Councilman Backes asked if this woul� be consistent with other signs throughout the metropolitan area. Mr. Matson responded that other True-Value Hardware stores in the metropolitan area are of various sizes. He was unable to provide the specific sizes of sign areas at comparable stores. The acting City Idanager stated ttiat the•sign policY contained within ti�e resolution was somewhat rigid but consistent v�ith Corriaan s design for the overall refurbishing of the Miracle �4ile Shopping Center. He indicated that the City hacl been able to provide some flexibility to tlie sign policy in the proposed r�solution. The acting City Manac�er sai� that he had not been aware that Warner's signinq needs had not been satisfied. fir. �latson co�nented that he had secured the approval of Corrigan Properties to his desired changes in signage. �-._ -1�7- City Council t�eeting minutes, May 19, 19a0 9k. 91. Councilman Elstrom askcd if special permits were necessary for tempor- ary trailers required for the outside storage of inventory. The acting City Manager replied that a special permit would be necessary even if this issue were not addressed tvithin the resolution. Mr Matson did confirm tf�at the use of i�is trailers was specifically for addition- al warehouse space during sp�cial sales. He said that in these special instances, the trailer is parked at t�ie back of the store. It was moved by Councilman Backes, seconded by Councilman Martin, to waive reading and adopt Resolution i�o. 6�59 entitled, "A resolution granting permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to p�rmit remodelin9 and site modifications to Miracle t�lile property located in a PU�, Planned Unit Development District, located at 5003-5426 Excelsior Boulevard" tivith the following amendment: Condition "!o. 2 will read "that all utilities serving the site be olaced underground on or before October 15, 1991", and Condition No. 4 will read "no merchandise, truck trailers be stored out of doors except by allowable special permit". The r.�otion passed 7-0. Pedestrian Reports on Library Lane Pedestrian Trail link. Trail Link John Olson, 3254 Library Lane, appeared before Council to give his support to the adopting of Alternative A as the plan under which the pedestrian link should be constructed. lie commented that this is what the nei ghborf�ood had desi red and noted that Flennepi n Li brary vras al so in favor of this alternative. � It was r�oved b,y Councilman �teland, seconded by Councilman �lartin, to approve tf�e use of Alternative A for the Library Lane pedestrian trail connection. The motion passed 7-0. Signalized Intersections time of budget review. P,eport on signalization of the intersection of Zartl�an Avenue and tJest Lake Street. It was moved by Councilman Martin, seconded by Councilman Ralles, to continue this item at the In response to questions fror� the Council, the actina City 'rlanaaer stated that there was not an appropriation included ��ithin the current budget for funding the signalization of this intersection. Councilman Qackes commented that people in ed and advised that signals rrill not yet be section. -158- thi s area shoul d be recontact- `'I installed at this inter- � City Council Dleeting minutes, ��1ay 19, 1980 Councilman yanks stated tl�at he was against signalization of this intersection. He did not feel that the cost warranted this improvement. • It was moved by Councilman Backes, seconded b�� Co�ncilman Martin, to defer consideration of signalizing the intersection at Zarthan Avenue and West Lake Street until staff could provide additional information. The motion passed 7-0. 9m. Traffic Study 229; Resolution No. 6560 Traffic Study tJo. 229; �lest 31st Street and Nevada Avenue Marilyn Sweet, 3057 Oregan Avenue South, appeared before Council to express her concern for traffic control at this intersection. Sne recited a number of instances where the safety of pedestrians, many of r�hom were children, and motorists was endangered because of the lack of traffic control at this intersection. She said that the intersection was especially dangerous because of the hill which creates problems of visibility for motorists and pedestrians alike. Dave Meyer, 3043 Plevada, appeared to support the installation of traffic contral devices at this intersection. He also stated that this iniersection presents dangerous situations, especially to young children. Councilman Meland asked Mr. Meyer if he was in support of staff's recommendation for a two-way stop at this intersection or if he ��vas, in fact, supportive of a four-way stop at this intersection. �4r Meyer responded that it was his desire that four-way stop signs be placed at this intersection. Jill Meyer, 30�'�3 tlevada, supported the installation of four-way stop signs at tnis intersection. She commented that in her opinion, four- way stop signs should be installed despite the fact that the hill had a steep incline that could pose some difficulty to cars stoppinn at the intersection in slippery winter conditions. Marilyn Sweet, 3057 Oregon Avenue South, wished•to add to her comments that she had lritnessed two accidents on the hill. She said there was great difficulty with cars sliding,�in the winter, but with the stop signs installed, perliaps, people would begin to avoid the hill mini- mizing traffic safety problems. It was moved by Councilman Meland, seconded by Councilman Martin, to waive the reading and adopt Resolution �Jo. 6560 entitled " A resolution authorizina placement of traffic control signs at the intersection of vevada Avenue and 41est 31st Street as amended, to provide for the installation of four-way stop signs." The motion passed 7-0. City Council Meeting minutes, May 19, 1930 9n. Niqhway 12/Ford Parkway_ Preliminary engineering report, Project 80-42, Highway 12/Ford Pa rkwa�r . By consent, Council set public hearing for the improvement for June 16, 1930. 90. Traffic Study t�o. 223 Traffic Study �!o. 228; Aquila Lane/ Wesi 31st Street/Minnehaha Creek. Councilman Meland explained that this traffic study was in response to residents in the area who had requested removal of no-parking signs. Councilman Pleland moved that this item be deferred in order to provide staff vrith the opportunity to explore (1) the possibility of establish- ing no-parking restrictions during certain hours and permitting parking during other hours; (2) the striping of the curb in order to prevent parked cars from blockin� driveways of residents in this neighborhood, and (3) the scheduling of a nei�hborhood meeting ►vith interested residents. The motion passed 7-0. 10a. Appointments UNFIPIISNED BUSINESS Appointments to Boards and Corrmis- sions. hlayor �tc(luaid nominated Dudley Moylan to reappointment on the Housing and Redevelopment Authority. She also nominated Len Thiel to fill th2 position vacated by the resignation of P1r. Williams. It was moved by Councilman Elstrom, seconded by Councilman 5ackes, to reappoint Dudley Moylan to the Housing and Redevelopment Authority. The motion passed 7-0. It was moved by Councilman Martin, seconded by Councilman Elstrom, to appoint Len Thiel to the Housing and Redevelopment Authority. The motion passed 7-0. -160- � City Council Meeting minutes, May 19, 1980 lOb. Streei Li htina Assessment Po icy Street lighting assess�ent policy. Councilman Hanks asked if this new � policy could be applied where we have not yet had assessment hearings. The actiny City Manaaer,responde� that this r�as up to the di5cretion of Council at tlie time of the assessment �earings. He comnented that Council shoul� consi�ier what may nave been said to prop�rty o��ers in these project areas at the time of the neighborhood meetings. Councilman Hanks asked if the twenty year spread for special assess- ments was limited to a certain amount of money. He explained that there might be a certain threshold amount that should not be subject to a twenty year assess�ent spread, such as an assessment of under Y100 dollars. Ne requested that staff consider this in formulating the resolution relative to the street lighiing assessment policy. It was moved by Councilman Qackes, seconded by Councilman Ralles, to authorize the preparation of a resolution for adoption at the June 2, 198� meeting. The motion passed 7-0. lOc. Ca ital Improvement Capital Improvement Program financing. Program inancinq It was moved by Councilman Hanks, seconded by Councilman Ralles, to set a meeting for June 30, 1980 at 7:30 p.m. to discuss Capital Improvement Program Financing with the Finance �irector and the City's financial consultant. The motion passed 7-0. lOd. Cedar Lake P.oad Street ig tinq Ce�ar Lake Road area. Improvement Project No. 30-11, Cedar Lake Road Street Lighting. Jim Welna, 4425 Cedar Lake Road, appeared in support of the revised project plan�for the Councilman Hanks questioned if the assessments for this project were consistent with the street lighting assessment policy presented earlier. Councilman Backes responded that to his knowledge Cedar Lake Road was a unique project; however, it was consistent with the street lighting assessment policy as presented. It wa5 moved by Councilman order the improvement and and advertisements. The motion passed 7-Q. Qackes, seconded by Councilman rtartin, to authorize preparation of plans, specifications -161- �i,,.... City Council hleeting minutes, May 19, 1930 10e. Code of Ethics Second readinc� of 4rdinance Code amendment related to ethics. It was moved by�Councilman Backes, seconded by Councilman Elstrom, for discussion purposes, to waive the second reading and adopt the Ordinance Code amendment related to ethics. Councilman Backes commented that the requirements contained within Section 4-602 relative to filing the name and ad�ress of every cam- paign comnittee member with the City Clerk was restrictive. He cortmented that it would be very cur�bersome to list the names and addresses of all campaign members. The City Attorney staied that this provision was consistent with the reporting requirement for municipal officials as contained in the Minnesota Statutes. Councilman Martin expresses his objection to specifying any dollar amount for aggregate contributions from any single person or entity. It ►vas moved by Councilman Pqartin, seconded by Councilman Hanks that the dollar amount not be specified for aggregate contributions re- ceived from any single oerson or entity. The motion passed 6-1 (Councilman Backes opposed). Councilman Backes requested clarification on Section 4-605 relative to filing a financial statement with the City �lerk in the event of a primary election. Fle specifically questioned if this provision required the candidates to file financial statements regardless of the nature of a primary election. The City Attorney responded that the language implied a local primary election. She cormiented that this language was taken fror� the Statutes and from a publication of the Secretary of State's office. She indicated that this interpretation would be confirmed. It was moved by Councilman Backes, seconded by Councilman Meland, to include language making this clarification subject to the City Attorney's review. ?he motion passed G-1 (Councilman Meland opposed). It ►vas moved by Councilman �tartin, seconded by Councilman �leland, to eliminate Section 4-603 (3) a�hich pertained to anonyrious contributions. � Councilman Backes spoke in opposition to the motion and said that it was contrary to other provisions of the ordinance such as those relatin9 to record-keepina, He said that the ordinance should address anonymous ; contributions. ; � i -162- � �� City Councll Meeting minutes, May 1�, lggp Councilman Martin asked if this was a duplication of state lak�. The City Attorney said that the language was taken from Chapter 210a of the state statutes, which pertains to tne conduct of state officials. This particular language is not pertinent to municipal officials. The City Attorney also commented that under provisions of state law, this money was to be directe� towards the State Board of Ethics. Coiincilman tlartin questioned who was�responsible for �nforcement of the ordinance and vrhat t�e penalty would be for a violation under this ordinance. The City Attorney responded that by having this as a city ordinance, the City Attorney would be able to prosecute. f�owever, under so�e circumstances the City attorney might cJecline to prosecute if the 6eneral Attorney's office had also become involved in the same case. She sai� that the proposed ordinance specified a penalty of not more than �50� �ollars. Councilman !lartin sai� that it ap�eared that the Cocle of Ethics had been taken basically from state lar� and had been made to conform to the municipal level. He stated his opnosition to the Code of Ethics. Following this disc��ssion, the motion to eliminate Section 4-6Q3 (3) passed on a 6-1 vote (Councilman Backes opposed). Councilman 1lelan�i observed that Section 4-601 (7} was very restrictive in that, among other thinc�s, it aoplied to palitical entities having an lnterest in tihe adootion of ordinances or charter amendments. The City Attorney responded thai this language was taken directly from the statutes applicable to municipal officials. The reference to charter amendments was added because ihe City has a charter. It r�as ►�oved by Councilman Fteland, seconded by Councilman Hanks, to reject Chapter 4 as amende� by Sections 4-601 through 4-610. Councilman Meland said that the purpose of this motion vias to allow existing state law pertinent to municipa] officials to apply to these circumstances in St. Louis Park. Councilman Gackes said thai the purpose of the proposed code of ethics is to define community standard for those running for office. Therein, he said, the City's req��irement could differ from state law. The City Attorney rras asked to comnent on the effect passa�e of this motion would have on the remainder of the propvsed ordinance. The City Attorney replied that the basic provisions of election contributions had alrea�iy been elir�inated. She said that all that remained were thase provisions which conformed to Chapter 210a of the state law. She indi- cateri that if the motion passed, state law would be allowed to govern. She sai� that.definitions pertinent to the section on election and offenses against public j�stice and administration could easily be transferr�d. -]63- City Council �leeting minutes, �ay 19, 1980 Follor�ing this discussion, the motion to reject Chapter 4 as amended by Sections 4-601 through 4-610 passed on a 6-1 vote (Councilman Backes opposed). � It was moved by Councilman Elstrom, seconded by Councilman Ralles, to elininate Section 4-702 (4) requiring a listinq of financial interests through ownership of stocks, bonds, or other securities of value in excess of ;1,500 dollars without specifying the dollar amount. The motion passed 5-1-1 (Councilman Backes opposed and Councilman Hanks abstainedl. It was moved by Councilman Ralles, seconded by �ouncilman Martin, to reject the proposed ordinance and to allow the present resolution con- cerning ethics to govern. Councilman Elstrom witl�drew her second to the original motion t� waive tfie second reading and adopt the ordinance. The motion to reject the ordinance and retain the present Code of Ethics passed on a 6-1 vote (Councilman Backes opposed). lOf. Second Floor Remo e ing lOg. Amhurst Addition eTF�soTutioTn ��o. 65G1 Financing of second floor remodeling. By consent, Council deferred action on this item to the June 2, 1980 meeting. Application of Centurion Company for final plat approval and subdivision agreement. Councilman Martin moved, seconded by Councilman �leland, to waive reading and adopt Resolution No. 6561 entitled "A resolution repealing Resolution P�o. 0321 and giving approval for final plat of Lohman's Amhurst" and to authorize execution of the subdivision agreement. The motion passed 7-0. lOh. Im rovement Pro'ect �0-02A; exa- on ca Ple�g or oo Paving Improvement Hearing, Project 80-02A Texa-Tonka Neighborhood Pavinq, Curb and Gutter (Virginia Avenue portion of project ordered May 5, 1980; balance rejected). Councilman t4eland said that the people in the Texa-Tonka area wanted to hold a new public hearing and another neighborhood meeting in order to discuss the inclusion of Texa-Tonka Avenue in this project. �t -1E4- �E J City Council Meeting minutes, �tay 19, 19�0 It was moved by Councilman Melan, seconded by Councilman Ralles, to authorize preparation of plans, specifications and advertisements for bids for Project 80-20A and set second improvement hearing for June 2, 1930. The motion passed 7-0. NEW BUSINESS 1]a. iiinnesota Ho�sin Finance _�ency; Reso ut�on Wo. 6562 resolution authorizing application Fun�s" was adopted by consent. Resolution authorizing application for ��innesota Housing Finance Agency Year V Grant Funds. Resolution No. 6562 entitled "A for MHFA Housing Rehabilitation Grant llb. Comnunit Develo ment Block Reallocation of Community Development Grant rogram; 81ock Grant Program Year IV Funds. Resolution No. 6563 It vras moved by Counci lman tlarti n, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6563 entitled " R resolution authorizing the reallocation of 1978 Community Developnent Block Grant Funds". The motion passed 7-0. llc. Ac uisition of Pro ert ; Acquisition of �roperty - Minnehaha M& �o. 0- � Creek. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive reading and approve Resolution �lo. 6564 entitle�i "A resolution requesting the Jepartment of Natural Resources to initiate land title transfer". The motion passed 7-0. 11d. Police and Fire Pens�ons Report on Police and Fire Pension/ PERA, P&F. Percy Morris, president of the Police Relief Association, appeared before Council to request that the pension issue be deferred. He said that becuase action was needed by mid-August, a citizen committee should be -1 fi5- City Council ileeting minutes, May 19, 1930 appointed for the purpose of makin9 a r�cor.mendation on these pension matters. Mr. �•brris also said that actuaries have been contacted and that they will need more tine to prepare their report. Councilman Backes asked for clarification on the timetable that was needed to conform with state lak�. He also requested that th2 options before Council be explained. The acting City t�lanager responded that there were two basic options before the Council. The first option �vas to do nothing thereb.y allow- ing the phase-out of ihe local pension plans an� the take-over of PEP,A/ P°�F. The second option was to retain the local pension plans. The second option requires that (1) a public hearing be held, (2) a resolution be adopted stating Council's intent to retain the local pension plans, and (3) the pertinent dociiments be filed witF� various state agencies on or before August 15, 19a0. Therefore, he explained a certain ar.iount of lead tirne ►��as necessar,y pri�r to A�Jgust 15 to enable the local plan to be retained. It was move� by Councilman !9artin, seconded by Councilman hanks, to direct staff to meet Council an�1 the Associations at the earliest possible date to discuss these options as well as the manner in which employee contributions to the local pension funds should be increased to conform with state law. Councilman Hanks said that it was necessary to protect those police officers who ti�ould be hire�i after June 15, Ne said that ne�v officers should not be f�ired until we know under which plan they ►•rould be hired. He also requested that Council be advised as soon as �ossible to the date the actuarial studies �vill be available. The motion passed 7-0. lle. Carroll Hurd Park llf. 8id Tabulation llg. Change Orders The motion passed 7-0. Carroll Hurd Park Im�rovements. 6y consent, Council authorized the acceptance of donated services and improvements. Bid Tabulation - Library Lane Improvements. Sy consent, Council designated the lowest responsible bidder and authorized execution of the contract. Lenox Comnunity Center Change Orders. It was moved by Councilman 1 and 7. -1'06- by Counci 1 r�an Mel and, seconded Ralles, to approve change orders �.r- � City Council Meeting minutes, t•1ay 19, 19a0 llh. Water Service Policy �later Service Policy. It was r,roved by Councilman Nanks, seconded by Councilman Ralles, to retain the current holicy. The motion passed 6-1 (Councilman Meland opposed). MISCELLA��EOUS 12a. Damage Claims By consent, the Council autiiorized ihe following claim to be filed M�ith the City Clerk for proper action by the City Planager and City Attorney: �4ichael H. Allen, 2528 Flighway 100. 12b. Comnunications from The hlayor advised Council that a letter Mayor had been received from David R. Ornstein related to his concerns about the possi- bi 1 i ty of grass fi res at 4Jestwood f�i 11 s Environmental Education Center. This item ►vas referred to staff for further st��dy. 12c. Communications from The acting City Manaoer advised the Council the cting City Nanager that the Fire Department and the ulestrlood Hills NaturalistJManager are developing a plan for fire suppression. This plan irrvolves the identification of gate and hydrant locations. Their plan will consider the need to install addi- tional gates as necessary. Bi�+ Tabulation The acting City �•lanager indicated that the bids received for the Li rary Lane Area Improvements were very favorable. These bids w�re 25 percent lower than those received in 1979. He indicated that Council may tivant to consider adding another area for street improvements because of the excellant bids received. Louisiana Aven�e The acting City Manager advised Council that the Po ution Control Agency is no longer requiring indemnification on the Highv�ay 7 frontage roads. However, indemnification will be required on the permanent section of Louisiana Avenue to be constructed south of Lake Street. I•Ihile the total cost of this portion of the project is higher, there is considerably less risk associated with this construction. -167- `` i■ City Council Meeting minutes, May 19, 1930 CLAIMS, APPROPRIATIONS APID CONTRACT PAYMEtITS 13a. Verified Claims It was moved by Councilman F(anks, seconded by Councilman Elstrom, that the list of verified claims prepared by the Director of Finance and directed to the City Council dated May 19, 1980 in the total amounts of $647,404.�4 for vendors and �2,116.04 for special payroll be approved and the acting City Manager, City Clerk and City Trcasurer be authorized to issue checks in the same amount by a vote of 7-0. 13b. Contract Payments �lone. 13c. Adjournment On the motion of Councilman Ralles, seconded by Councilman t4artin, the r�eeting was adjourned at 10:55 p.m. by a vote of 7-0. Attest: ����,� 4'/ . Sharon G. K umpp Recording Secr ary %`�� . Pnyl 4cQuaid �1ayo 168-