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HomeMy WebLinkAbout1980/08/18 - ADMIN - Minutes - City Council - Regular1. Call to Order 2. Presentations MINUTES CITY COUt�CIL MEETING ST. LOUIS PARK, MINNESOTA August 18, 1980 A regular meeting of the City Council was called to order by Mayor Phyllis McQuaid at 7:35 p.m. Mayor McQuaid introduced James Brimeyer, new City Manager. The �ayor presented to William Thibault, Planning Director, a Resolution comnending him for his service as Acting City �anager. It was moved by Councilman Hanks, seconded by Councilman Martin, that the resolution be adopted. The motion passed 6-0. 3. Roll Call The following Councilmen were present at roll call: Ronald Backes Martha Elstrom Lyle Hanks Jerrold Martin John Ralles Phyllis McQuaid Also present were City Manager, Planning Director, Director of Public Works and the City Attorney. 4. Approval of yinutes It was moved by Councilman Ralles, seconded by Councilman Martin, that the minutes of the Special City Council meeting held July 15, 1980 be approved. The motion passed 4-0-2 (Councilmen Elstrom and Hanks abstained). It was moved by Councilman Ralles, seconded by Councilman Martin to approve the minutes of the regular City Council meeting held August 4 , ] 980 . The motion passed 5-0-1 (Councilman Elstrom abstained). It was moved by Councilman t4artin, seconded by Councilman Ralles, to approve the minutes of the Special City Council meeting held August E, 1980. The motion passed 5-0-1 (Councilman Elstrom abstained). -286 City Council Meeting Minutes, August 18, 1980 5a. Apvroal of Consent AQenda It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the consent agenda. The motion passed 6-0. 5b. �proval of A enda The motion passed 6-0. 6a. Improvement Hearinq, Pro�ect No. 80-49 Resolution No. 6616 It was moved by Councilman Elstrom, seconded by Councilman Ralles, to approve the agenda. PUBLIC HEARINGS Improvement Hearing, Project No. 80-49, Paving of a T-alley bounded by Minnetonka, 29th Street, Natchez and Monterey Robert DeWauy, 4500 Minnetonka Boulevard, representing Daystar Center, addressed the Council. He said that Daystar owned a large piece of property bounded by the alley and that they are concerned about a large assessment. He said they do not use the alley and do not see any problem with the condition of the alley. He also said that the taxes on the property are high and that Daystar may be forced to sell some of its property to pay the assessment. He urged Council not to approve the proposed improvement. Oorothy Anderson, 2921 Natchez Avenue South, addressed the Council in support of the alley paving. She said that she had lived at that address for 41 years and that the alley is in terrible condition. She urged Council to aporove the paving. She also said that she spoke on behalf of several of her neighbors. Marjean Cooper, 4614 Minnetonka Boulevard, spoke in support of the paving. She said that residents were tired of the loose gravel, the mounds of ice in the winter and the holes. She stated that it would never be more economical to do the work. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6616 entitled, "Resolution ordering improvement No. 80-49." The motion passed 6-0. -287- � City Council Meeting Minutes, August 18, 1980 PETITIONS, REQUESTS, COMMUNICATIONS 7a. Notice of Conducting The Notice of Conducting Bingo Game, Bingo Game requested by Minneapolis Chapter 147 City of Hope, was ordered filed by consent. 8a. Cable TV Ordinance Code Amendment RESOLUTIONS AND ORDINANCES First reading of Ordinance Code amendment relating to cable television. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive first reading of the ordinance and set second reading for September 2, 1980. The motion passed 6-0. 8b. Proposed Ethics Charter Amendment Resolution establishing wording for proposed ethics charter amendment. It was moved by Councilman Martin, seconded by Councilman Ralles to waive reading and adopt the resolution. It was moved by Councilman Hanks, seconded by Councilman Elstrom to table the matter. The motion passed 4-2 (Councilmen Martin and Ralles opposed). REPORTS OF OFFICERS, BOARDS AND COMMITTEES 9a. Edgebrook Park Improvements 9b. Access to Knollwood Mall; Reso ution No. 66 Edgebrook Park Improvements. A report on Edgebrook Park Improvements was accepted by consent. Resolution amending access to Knollwood Mall from Highway 7. It was moved by Councilman Backes, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6617 entitled, "Resolution amendinq Resolution No. 6534 adopted April 7, 1980 amending Resolution No. 6430 adopted November 19, 1979 amending Resolution No. 6197 adopted January 2, 1919 amending Resolution No. 6161 adopted Nov- ember 6, 1973 granting permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to permit modifications �� to the sign plan for a shopping center located at 8020-8440 Highway 1• .. � ,..__--- --- - _ _ _.--- - City Council Meeting Minutes, Augus* 18, 1980 The motion passed 6-0. 9c. Traffic Study: West 31st Traffic Study t�o. Avenue and Jersey Avenue; West 31st Avenue Resolution No. 6618 240: Stop signs at and Jersey Avenue. It was moved by Councilman Ralles, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6618 entitled, "Resolution authorizing the placement of traffic control signs on West 2lst Street at Jersey Avenue." The motion passed 6-0. 9d. Housing and Redevelopment Authority 9e. Monthly Financial Re ort 10a. Apoointments The minutes of the Housing and Redevelop- ment Authority meeting held August 2, 19II0 were ordered filed by consent. The Monthly Financial Report for July, 1980 was ordered filed by consent. UNFINISHED BUSINESS Appointments to Boards and Comnissions. Mayor f4cQuaid announced that vacancies still exist on Cortmunity Reiations Commission. lOb. Hi hwa 12 Resolution on position statement for Resolution No. 6622 Highway 12. Larry Kirchner addressed the Council with suggested changes in the wording of several sentences in the position statement. He said that an ambiguity in the terminology could affect interstate substitute funding. He presented a revised resolution which he had prepared and distributed to the Council members. The revised resolution stip- ulated that (1) the implementation of Alternative 3 shall be consistent with the provisions of Title 23 of the United States Code, Section 103(e)(4) and (2) consultation shall be sought from the Federal High- way Administration and the Urban Mass Transit Administration. He urged Council to adopt the resolution along with his proposed changes in the position statement. Mayor McQuaid said that Councilman Meland had contacted her and was in agreement with the resolution proposed by Mr. Kirchner, -289- � � S City Council Meeting Minutes, August 18, 1980 Councilman Backes asked if staff had reviewed the proposed resolution. The Planning Director said that the code section cited in Mr. Kirch- ner's resolution was referenced in the appendix to the Position State- ment. Councilman Backes asked if the resolution prepared by staff could be amended to include the United States Code section cited by Mr. Kirchner, The Planning Director replied that this would not create a conflict. A discussion followed regarding the use of the work "freeway" and its relationship to securing substitute funding. Councilman Elstrom asked if the funds were interchangeable or whether monies for different projects, e.g., freeway, parkway, interstate, all came from the same source. Mr. Kirchner said he did not know the answer but that either the Fed- eral High�ay Administration or the Urban Mass Transit Administration could provide an answer to this question. Councilman Elstrom asked if federal funds would be withheld if the word "interstate" were removed from the position statement. Mr. Kirchner replied that federal funding would not be withheld. Ne qualified his response in stating that this was his opinion. He said that the best source for the exact answer to this question would be the appropriate federal officials. Mayor McQuaid said the term "interstate parkway freeway" is not commonly used. She asked if Mr. Kirchner's terminology was acceptable to staff . The Planning Director said that it would be preferable to use Mr. Kirchner's terminology as a footnote to the position statement. Councilman Hanks said that he was uncomfortable with the term "inter- state parkway freeway." He corrmented that staff appeared to be un- comfortable with the use of the term "federal aid primary highway." He said that the words used in the resolution needed to reflect the kind of improvements to Highway 12 that are supported by the Council. �1ayor McQuaid said that she was uncomfortable with the term "inter- state" but urged that Council understand the implications of any changes in terminology. Councilman Hanks asked if the term "parkway" could be used. -290- City Council Meeting Minutes, August 18, 1980 The Planning Director replied that the term "parkway" suggests the character of the land adjacent to the roadway system. He said that the use of this term in Alternatives 1, Z, 3 and 4 properly described the plan that Council has supported for implementation. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6622 entitled, "A resolution by the City Council of St. Louis Park constituting the City's statement regarding the June, 1980 layout plans of Mn/DOT for improvements of Nighway 12" as amended to incorporate suggested language and to approve the addition of a footnote to the position statement referencing the term "Federal Aid Primary Highway." The motion passed 6-0. Mayor McQuaid said that the Golden Valley City Council was also meeting on August 18 and that it was likely that Golden Valley would be adopting a statement similar to that of St. Louis Park. It was moved by Councilman Hanks, seconded by Counciiman Ralles that the Mayor and Councilman Meland serve on a committee with Golden Valley involving research into the use of interstate substitution funding. The motion passed 6-0. lOc. Louisiana Avenue Extension; Louisiana Avenue extension. Resolution Nos. 66 9, 66 0, 662 Councilman Hanks asked for an explanation of the $450,000 commitment with respect to contingent costs as noted in the third resolution. The Public Works Director said that this figure was based on 1980 costs for constructing this segment of roadway. He also said that the re- placement costs would be higher in future years because of inflation. In response to a question from Councilman Hanks, the City Attorney stated that the actual commitment to replace the roadway in the event that remedial groundwater actions become necessary is set forth in the first paragraph of the resolution. This paragraph stipulates that the City will pay for the cost of reconstructing the federally funded portion of Louisiana Avenue if excavation ever becomes necessary. The second paragraph sets forth the current cost estimate for replacement. He said that the City does not envision any problem with meeting this corrmi tmen t . It was moved by Councilman Hanks, seconded by Councilman Elstrom to weive reading and adopt Resolution No. 6619 entitled, "Resolution authorizing execution of supplemental agreement �12 for the Louisiana Avenue extension." The motion passed 6-0. -291- �� City Council Meeting Minutes, August 18, 1980 It was moved by Counci� ResolutionSNo�n6620bent�tled1� Resolution� waive reading,and adopt authorizing execution of inemorandum of understanding for Louisiana Avenue extension. The motion passed 6-0. It was moved by Councilman Nanks, seconded by Councilman Elstrom to waive reading and adopt Resolution No. 6621 entitled, "A resolution regardinq contingent costs for the completion of the extension of Louisiana Avenue pursuant to the interim plan." The motion passed 6-0. lOd. Use of Beer in City Parks Use of beer in City parks. It was moved by Councilman Hanks, seconded by Councilman Ralles to approve the motion to authorite staff to implement administrative measures to enforce restrictions on use of beer in City parks. Councilman Hanks suggested that the motion be amended to provide for notification to all teams and ball players that they will be pro- hibited from playing ball in City Parks for one year if they do not abide by this restriction. The proposed amendment was acceptable to the maker of the motion. The motion as amended passed 6-0. Councilman Ralles said that appropriate signage should be posted in all parks before implementation of these measures. Councilman Hanks said that the Recreation Department should inform all ball teams of this restriction. He also said that the Department should be involved in the enforcement of this restriction. Councilman Elstrom comnented that signage should indicate that spec- tators are also subject to these restrictions. 10e. Metropolitan Council Metropolitan Council: Statement on proposed amendment proceedings. It was moved by Councilman Backes, seconded by Councilman Elstrom, to accept the statement of the City of St. LouiS Park regarding proposed procedures of the Metropolitan Council for the review of amendments to local comprehensive plans. The motion passed 6-0. -292- City Council Meeting Minutes, August 18, 19gp lOf. Park Land Dedication; Resolution relating to park land Resolution No: 6623 dedication. Resolution No. 6623 entitled, "Resolution repealing Resolution No. 6593 and accepting gift of land for park purposes," was ordered accepted for filing. lla. Leaque of Minnesota Cities building NEW BUSINESS Proposed League of Minnesota Cities building. It was moved by Councilman Hanks, seconded by Councilman Backes to adopt the five-year option for financing the proposed League office building. The motion passed 5-1 (Councilman Martin opposed). llb. Sunset Ridge Resolution No. 6624 Sunset Ridge subdivision contract resolution. It was moved by Councilman Martin, seconded by Councilman Ra11es, to waive reading and adopt Resolution No. 6624 entitled, "Resolution giving approval of subdivision contract for Sunset Ridge." The motion passed 6-0. llc. Block 6, Oak Park V�llage; Resolution No. 6625 Amendment to special permit, Block 6, Oak Park Village. It was moved by Councilman Ralles, seconded by Councilman Elstrom to waive reading and adopt Resolution No. 6625 entitled, "A resolution amending Resolution Nos..6547, 6529, and 6�95 granting permit under Section 1�-124.101 of�the Ordinance Code to permit construction of a C1ass�I restaurant/bowling alley located on Lot 1,'Block 6�, Oak Park �illage, also known as 3451 Louisiana Avenue in a planned unit development district." The motion passed 6-0. lld. Project No. 80-49: Change Order Project 80-49: T-alley bounded by Minne- tonka, 29th Street, Natchez and Monterey: Change Order. Change Order No. 1: Northwest Asphalt for alley paving, Project No. 80-49. It was moved by Councilman Hanks, seconded by Councilman Martin, to approve Change Order No. 1, Contract No. 1406, in the amount of �20,407 for a total contract to date of $253,805.31. The motion passed 6-0. i � -293- City Council Meeting Minutes, August 18, 1980 lle. Bid tabulation: Bid tabulation: 1980-81 tree planting Tree planting stock stock. • It was moved by Councilman Ralles, seconded by Councilman Elstrom, to designate lowest responsible bidder for each item and authorize execution of contracts. The motion passed 6-0. llf. Assessment Hearings Setting dates for assessment hearings. The schedule for assessment hearings, as follows, was ordered filed by consent: Project No. 77-386 78-44 79-10 79-13 79-55 80-46 llg. Aliracle Mile Remodeling Hearing Date Sept. 15, 1980 Sept. 15, 1980 Sept. 15, 1980 Sept. 15, 1980 Sept. 15, 1980 Sept. 15, 1980 Miracle Mile remodeling - Encroachment on Wooddale Avenue. It was moved by Councilman Hanks, seconded by Councilman Ralles, to authorize execution of agreement. The motion passed 6-0. 12a. �amage Claims MISCELLANEOUS Damage claims. Deborah Bast, 7840 Cambridge St. Roger Griep, 5820 74th Ave., Brooklyn Park Carla Horn, 2557 Alabama By consent, the Council authorized the above claims to be filed with the City Clerk for proper action by City Manager and City Attorney. 12b. Comnunications from Mayor The Mayor presented a memorandum from the City Manager regarding his relocation expenses. It was moved by Councilman Hanks, seconded by Councilman Martin, that the City Manager's relocation expenses be accepted. The motion passed 6-0. -294- _.•-�•M.�1 City Counci Meeting Minutes, August 18, 1980 The Mayor acknowledged receipt of Councilman Nlartin's letter and said that it would�be given to the comnittee, composed of Councilmen Ralles and Backes, for review and comment. 12c. Comnunications from City Manaqer Improvement No. 79-35A: Virginia Avenue and 31st Street. The City Manager presented a status report on the Virginia Avenue and 31st Street improvements. The City Attorney explained that the City did not have the authority to proceed with the improvements without receipt of all the necessary assessment waivers. One property owner has yet to sign and return the waiver. That property owner would therefore have the right to object to the assessment if the hearing was not held. Councilman Backes said that it was his understanding that all of the waivers must be signed or a hearing would be required. The City Attorney stated that since 97� of the property owners had signed and returned the waiver, the absence of one waiver need not delay the commence- ment of work. It was moved by Councilman Backes, seconded by Councilman Hanks to authorize execution of the contract for Improvement No. 79-35A with Northwest Asphalt. The motion passed 6-0. 13a. Verified Claims CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Verified claims. It was moved by Councilman Martin, seconded by Councilman Ralles, that the list of verified claims prepared by the Director of Finance and directed to the City Council dated August 18, 1980 in the total amount of $481,473.93 for vendors and $26,653.28 for payroll be approved and the Acting City Manager and City Treasurer be authorized to issue checks in the same amount by a vote of 6-0. 13b, Contract pa.yrnents Contract payments - Partial. It was moved by Councilman Hanks, seconded by Councilman Martin, to authoriie the follo►ving partial contract payment: 1) Partial payment, window replacement, Bernco. Amount $12,000. The motion oassed 6-0. -295- I i ' City Council Meeting Minutes, August 18, 1980 14. Adjournment It was moved by Councilman Ralles, seconded by Councilman Martin, that the meeting be adjourned at 9:55 p.m. The motion passed 6-0. e� , ` Phylli McQuaid, ayor Attest: 1 ' ; �,�`Q �� � �/ �1, ; ; Pat Smith, Recording Secretary �. -296-