The URL can be used to link to this page

Home My WebLink About1982/08/02 - ADMIN - Minutes - City Council - Regular1 Z. Call io Order Presentations MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 2, 1gg2 The meeting a�as called to order at 7:35 p.m. by Mayor Phyllis McQuaid. Mayor McQuaid read a resolution of appreciation to 6ud Bushway. It was moved by Councilman Qackes, seconded by Councilman Martin,.that Resolution No. 7189 be adopted. 3. Roll Call The following Councilmembers were present at roll call: Ronald Backes Keith Meland Lyle Hanks John Ralles Jerrold Martin Richard Strohl Phyllis McQuaid Also present were the City Manager, City Attorney, Director of Planning Director of Public Works and the City Assessor. 4• Approval of Minutes It was moved by Councilman Ralles, sec- onded by Councilman Hanks, to approve the minutes of the July. 19, 1982 City Council meeting with the following correction: insertion of the vote (6-0) in item 8c. The motion passed 7-0. It was moved by Councilman Hanks, seconded by Councilman Martin, to approve the minutes of the City Council study session held July 26, 1982 with the following correction: the October study session is scheduled for October 25, 1982. • The motion passed 7-0. 5• Ap�roval of the A enda It was moved by Councilman Martin, sec- onded by Councilman Backes, to approve the consent agenda for August 2, 1982 The motion passed 7-0. It was moved by Councilman Ralles, seconded by Councilman Martin, to aPProve the agenda for August 2, 1982. The motion passed 7-0. -�on- City Council meeting minutes August 2, 1982 PUBLIC HEARINGS 6a. Word Ministeries; Word Ministeries: Request for a variance Resolution No. 7190 at 9500 Minnetonka Blvd. (continued from July 19, 1982) James B. Cradit, architect for the church, said he felt the design was compatible with a variance on the west side only. Councilman Meland asked what kind of landscaping was planned along the Independence St. side of the building. Mr. Cradit displayed an artists rendering of planned landscaping and said that the neighborhood residents approved of the plan as did the Director of Planning. There being no one further wishing to speak, the "ayor declared the hearing closed with the right of Council to thereafter reopen and.continue it at a later date. It was moved by Councilman �ieland, seconded by Councilman Martin, to wai.ve reading and adopt resolution No. 7190 entitled, "A resolution granting variance in side yard seiback from Section 14-128(3) of the Ordinance Code relating to zoning to permit a side yard of seven feet instead of the required fifteen feet in the R-1, Single Family Residence District, at 9500 Minnetonka Blvd." specifying a variance on the west side only and incorporating the landscaping specifications. The motion passed 7-0. 6b. A11ey pavinq; Resolution No. 7191 Improvement hearing 82-55, alley paving between Alabama Ave. So. and Blackstone Ave. So. and Minnetonka Blvd./W. 29th St. Councilman Backes noted the residents' petition specified an assessment of not more than $17 per foot whereas staff's report indicated 318 per foot. The City Manager said all the residents had been apprised of the fact the assessment would be $18 and they were agreeable. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Counci�lman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution P�o. 7141 entitled, "Resolution ordering �mprovement, ordering preparation of plans, and authorizing advertise��ient fo►' bids for Improvement No. 82-55: Al1ey construction between Alabama and Blackstone Avenues." The motion passed 7-0. , -205- � City Council meeting minutes August 2, 1982 PETITIONS, RE UESTS, COMMUNICATIONS None � RESOLUTIONS & ORDINANCES 8a. Fast Bank facility Second reading of ordinance: Fast Bank facility at Knollwood It was moved by Councilman Meland, seconded by Councilman Ralles, to deny . � Councilman Plartin asked if this was a denial of that use in the requested location, not a rejection of the facility. Councilman t�eland said approval would amend the Planned Unit Development ordinance and that he couldn't see this facility in that location because it was already too congested. Councilman Martin said he felt that if General Growth wanted to have that facility at Knollwood, he didn't feel the Council should be telling them where to put it. The motion to deny passed 4-3 (Councilmen Backes, Martin, Mayor McQuaid opposed). Mayor McQuaid suggested that First Bank Systems might want to consider another location. � � Martin Councilman/said he felt it would be unfair to require them to make another application, requiring another fee. Councilman Backes said it would require an`amendment to the zoning ordinance to construct a free standing facility which is not currently allowed in the PUO. He asked the City Attorney if it were correct for Council to pass the first reading of an ordinance amendment and then deny on second reading. The City Attorney replied this was procedurally allowed. In answer to a question from Mr. 4Jilcox of First Bank Systems regarding refundability of their application fee, the Mayor replied it would be refunded. 8b. Off-sale li uor 8c. Election judges, pollinq places; Resolution No. 7192 Councilman Meland defered this �tem to the August 23, 1982 study session. Appointment of election judges and designation of polling places Councilman Meland asked when the�third ward residents were to be notif'ed of the change in that ward. -?�fi- �� . _ . �"'�'�. City Counci 1 meeti ng mi nutes August 2, 1982 The City Manager said material was in the mail explaining the changes. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7192 entitled, "Resolution designating polling places and naming election judges for state primary elec- tion, September 14, 1982." The motion passed 7-0. REPORTS OF OFFICERS, COMMITTEES, BOARDS 9a. Fire lane designation; Resolution 7193 Fire lane study: 5005 W. 36th St. By consent, the following resolution was adopted: "Resolution No. 7193 entitled, Resolution authorizing placement of traffic control signs establishing fire lanes at the St. Louis Park Recreation Center, 5005 W. 36th St." 9b. Virginia Ave. parking Virginia Avenue parking variance Arlys Grossman, 8031 Cedar Lake Rd., presented petitions �igned by some 600 individuals. She said the neighborhood feels the issue is should there be local control over an issue such as the Virginia Ave. parking. She said the feeling is the City doesn't hear or care about the residents' needs and concerns. In referring to the letter from the MnDOT Variance Committee, she noted their comnent that Virginia Ave. was one of the few north/south streets in the City. She said Virginia Ave. was a neighbor- hood collector which was the important part. She commented on the concerns of the neighborhood should the�Burlington bridge be repaired and the truck traffic that would then spill over into their neighborhood. She reminded the Council that state aid funding for Dakota Ave. was given up in 1980. ` It was moved by Councilman Ralles, seconded by Councilman Meland, to reject the state aid funding for the work on Virginia Ave. at this time. zhe mp i�on ailed 3-4 Goun i me R 11 s, Strohl Mayor McQuaid in favor; tR�"6��'��o�a��e��lbt��W�►'k�e��'�'t��"��ty°P�ig��lhave three years �n which to reapply should the application for state aid funding be withdrawn. Councilman Backes asked if the motion were to delay or what, to which � Councilman Ralles responded that with the state's current austerity program, payment would probably not be forthcoming for some time. The City Manager said state aid comes to the City and it's up to the City's discretion how it is to be used. . Councilman Hanks commented that state aid monies had to be applied only to streets funded by state aid, to which the City Manager said that was. correct. Councilman Nanks wondered if the City would want to give up state aid -207- City Council meeting minutes August 2, 1982 and have the burden of expense rest at the local level. Mayor McQuaid questioned if there was some misunderstanding of. the City's commitment relating to this parking issue. Councilman Ralles questioned i� parking were really the issue. is the loss of local control over this Ms. Grossman replied the question type of improvement.. It was moved by Councilman H�n�o'MnDO�nindlbght�ofctheaVa'reance�Committee's resubmit the variance reques comnent about Virginia Ave. being one of the few north/south streets in the area, stressing that the City has committed its own funds to a major north/south route, namely Louisiana Avenue. Councilman Ralles said he was in agreement with requests for a traffic count on Louisiana Ave. to ascertain the volume of traffic that street carries. The Director of Public Works said the bridge will not be entirely finished until November or December and an accurate traffic count could not be obtained until after that time. Hayor McQuaid asked the Public Works Director if there was anything new or different staff could give to the Variance Committee, to which the Director replied that it migh•t be wise to let them know the concerns over the north/south comment in their letter of denial, a comment not brought up previously. The motion passed 6-1 (Councilman Martin opposed). Ms. Grossman asked what Council intended to,do about the issue of local control. Councilman Hanks responded that the Director of Public L�Jorks is not able • to build a bridge and he felt the Council was proceeding in an orderly manner on this situation. He said the petition had stirred up a lot of trouble and that Council would proceed with one issue at a time. 9c. Traffic Stud 286• Ham shire Mr. H. B. Golden addressed the Council sout of Hig way 7 to oppose the parking restriction. He said there was little traffic �� th�s area and no hazards. He said apparently one property owner there wants . more room to back large trucks onto his premises. He said there was ample room to maneuver and passed around a photograph illustrating that belief. Councilman Martin said this was similar to a request for no-parking r�ed restriction received at the last Council meeting. He said he was conce that everyone seems to be asking for a no parking restriction• -208- r. : �r.. City Counci 1 meeti ng mi nutes August 2, 1982 It was moved by Councilman Backes, seconded by Councilman Hanks, to deny the request for�parking restrictions. The motion passed 7-0. 9d. HRA mi nutes 9e. Charter Comnission minutes 9f. NRC minutes 9f• Parks & Rec. Comnittee 10a, Boards and Comni ss i on The minutes of the F�using and Red�veloqrwnt A�uthority meeting held July 13, 19$2 ►�ere ordPred filed by consFnt. The minutps Qf the �h�rter Com�ission meeting held July 26, 19�2 Nere ordered filed by consent. The minutPs of the Human Aights Carmission meeting held �July 21, 19�32 rrere ordered filed by consent. The minutes of the Par�s and Recreation Advisory Con�mission held July 14, 1982 were �rdered filed by consent. UNFINISHED BUSIflE55 to serve on its Board of Directors. �Qb� Charter Commission Mayor McQuaid said that Mr. Billman, of STEP, was look,ing for candidates Charter Carmissfon - �ording for proposed amendment Michael Schwartz, chairperson of the Comnission, said that the information under consideration was correct and proper. Ne said the relevant issue rras the form of the question. He said this was a proposed change that should be put before the voters. Mayor McQuaid asked if the Commission was aware �f the discussion at the study session to which he replied there had not been a meeting since that study session. Councilman Hanks asked if the original public hearing had addressed only the question of the Mayor's term, and Mr. Schr+►artz said that rras correct. Counci.lman Meland asked�the City Attorney 1f this question was consistent with a proper change to the Charter, to which the City Attorney said it was. It was moved b Councilman Nanks, seconded by �nuncflman Strohl, that the question concern the Mayor's term only on the refPrendum. Councilman Martin said the proposal was to change more than the Mayor's term, He said the voters ought to be aNare of hrrrt tF�e ►+f�ole system of -2�9- � City Council meeting minutes August 2, 1982 selecting the Mayor and Council was being changed, and that no one would understand it unless the language affecting the Council's selection was also included. Councilman Hanks said he felt the language concerning election of Council doesn't give that much additional information and that it really doesn't say what Councilman Martin thinks it says. Councilman Martin said he wants the people to ask what it means so the changes can then be explained. Councilman Hanks said if Council wanted to proceed with the publication of all the language concerning the Playor and Council on the ballot, he felt a public hearing was required. Mr. Schwartz said that a public hearing was not necessary, but perhaps in this instance it was a good idea. Councilman Hanks withdrew his motion. It was moved by Councilman Meland, seconded,by Councilman Flartin, to use the following wording: "to change the term of the Mayor to four years an� at-large Councilmembers from four to two years." Mr. Schwartz felt that that wording did not address the terms of the at-large Council members and that the voters would not understand what the issue was. ' Councilman Hanks wondered how this had gotten so confused. He said he felt the citizens should decide whether the Mayor was to serve a two- year term or a four-year term. Mayor McQuaid said she would like the wording to be kept as simple as possible. Councilman Martin felt the voters needed to be told what was involved in this issue and the entire issue should appear on the ballot. Councilman Meland withdrew his motion. It was moved by Councilman Backes, seconded by Councilman Meland, that Section 2.03 through the words "his term" should appear on the ballot. Mr. Schwartz said he felt that language was not as clear as the proposed language . Councilman Backes suggested putting the language as proposed by the Charter Cor�nission first followed by Section 2.03 with the proposed changes. Councilman Hanks said he would like to see the matter deferred to -71�- , .�....a.R.,..,,...r-.....-..�.<.._...._,.,..,..�..�..: ...... _.,.-.a..,.,... -�--�_---'-� City Council meeting minutes August 2, 1982 August 16, 1982 and that at that time a public hearing be held. Councilman Backes said it was agreeable with him that Councilman Hanks' request be made part of his motion, and Councilman Meland concurred. The motion passed 7-0. NEW BUSINESS lla. Bid tabulation Bid tabulation: Projects 80-23 (Car- penter Park trail); 82-04 (Carpenter trail); 82-11 (Princeton/Ottawa Ave.)ar82P12k(Sunset)Ridge�Road)vaney St. It was moved by Councilman Hanks, seconded by Councilman Martin, to designate Asphalt Paving Materials as the lowest responsible bidder and authori.ze the execution of a contract with that firm in the amount of $136,228.77. The motion passed 7-0. >>b• Set assessment hearinqs It was moved by Councilman Meland, approve the proposed schedule for assessment hearings��man Martin, to The motion passed�7-0. MISCELLANEOUS 12a. Cla_ �_ Saunders-Thalden Assoc. Donald D. Clark BY consent the claims were referred to the City Attorney and City Manager for proper action. �2b• �omrnunica�ions from Mayor �4cQuaid said that the town the�M�or meeting scheduled for September 27 fell on Yom Kippur. It was agreed to reschedule the Ward 3 town meeting to Tuesday, September 28. Mayor F1cQuaid said that a number of citizens were present and wished to discuss the turning on of closed wells during the week of July 19. The City Manager reviewed the City's current policy with regard to the closed wells and their use during emergency situations. He said the Minnesota Department of Health as well as all media had been informed of the City's actions. Nan,b�y Levi�, 2564 Vernon Ave., commented that everyone had heard about �a�e�prinkling ban, but no one heard about the bad water until days -211- City Council meeting minutes August 2, 1982 Craig Brothen, 3727 Joppa Ave. So., felt the citizens should have been informed earlier that the wells were turned on. He said the public was receiving mixed messages, depending on who you talked to. Mary Hartmann, 2600 Florida Ave. So., said the issue was the citizens' right to know and be informed. She said she was asking the Council to change its policy on the use of the contaminated wells. Councilman Hanks asked her if she were present at the public hearing four years ago when the policy was formulated. Ms. Hartmann replied she was not. Councilman Hanks said the Council's efforts to formulate a policy with regard to the wells brought about 50 people to the public hearing. He said all of the Council has been very concerned over this water problem. He said the Department of Health maintains a tight control over the wells, and if they felt opening closed wells in an emergency situation was not right, they never would have permitted such a policy to be formulated. In answer to Mayor McQuaid's question as to where she had gotten her information, Ms. Hartman responded through rumors that the wells had been turned on. She said she was unsuccessful getting any information out of people at City Hall. Mayor McQuaid said her concern was that Ms. Nartmann did not have the facts before getting a lot of citizens stirred up over this situation. The Mayor said she had no idea of what had gone before or the effort that had gone into this water problem for the past four years. Councilman Backes asked how �4s. Nartmann had learned about such a complex issue. � . She responded she and her staff had been studying the issue for the past six months. Geoff Driscoll, 3354 Library Lane, said his concern was that the citizens had not been notified before the opening of the wells. He suggested that the City's guidelines relating to such notification be changed. Councilman Hanks said Council ha� always said the water situation would not be made a political issue, that it simply was too expensive for everyone involved. It was moved by Councilman Nanks that staff be directed to look at its guidelines and report back to Council. The motion died for lack of a second and Councilman Hanks withdrew it. Robert Strauss, 2841 Inglewood Ave., said the issue was not so much the health issue as public confidence. He suagested concerned residents and members of Council get together and prepare a resolution establishing City Council meeting minutes August 2, 1982 a public policy that is agreeable to all parties. Councilman Hanks asked how the media was to be informed during such emergency situations. Councilman Martin suggested everyone be informed once, that with a sprinkling ban, it's because levels have dropped and wells will be temporarily opened to restore storage to the proper leve]s, and if residents so choose, they can purchase bottled water at those times. Mr. Strauss said the public's perception of the problem is different from the Department of Health. He felt the way to proceed was to set a policy, publish it and then follow it. �4r. Schwartz said the issue is what's more important, watering grass or healthy residents. He would like to see"such an emergency prevented from occurring in the future. Mayor McQuai� expressed her appreciation of the citizens' concerns. She also reminded those present that the safeguards and precautions today sharply contrasted with previous years when all families'living in the City, including her o�vn, had no knowledge of any water problem. George Ash, 3040 Ottawa Ave., agreeded with the comments of the residents speaking prior to himself and stressed again his feeling the expediency of notification to the citizenry was crucial. It was moved by Councilman Hanks, seconded by Councilman Martin, that staff review the current policy relating to the emergency opening of closed wells and report back to Council. Councilman Hanks complimented staff stating they were only following the direction of the City Council on this matter. He felt the greatest concern was how to inform the citizenry without frighteninq them. Ne acknowledged this was a most difficult task. The motion passed 7-0. �Z�• Comnunications from the The City Planager asked for Council's City Manager comnents on the tentative budget schedule. It was moved by Councilman Hanks, seconded by Councilman Meland, that the meetings scheduled for Saturdays be cancelled and that the meetings scheduled for August 30, September 2, 13, 16 be expanded from 5 p.m, to 10 p.m. � The motion passed 1-0. -213- � : � City Council meeting minutes August 2, 1982 . CLAIMS APPROPRIATIONS CONTRACT PAYMENTS 13a. Verified claims by the Director of Finance, dated $289,620.41 for vendor claims and approved and the City Manager and issue checks in those amounts. The motion passed 7-0. It was moved by Councilman Martin, seconded by Councilman Backes, that the list of verified claims prepared August 2, 1982 in the amount of $26,671.58 for payroll claims be City Treasurer be authorized to 13b. Contract payments - Final It was moved by Councilman Backes, Resolution No. 7194 seconded by Councilman Martin, to waive reading and adopt Resolution No. 7194 entitled, "Resolution accepting work on construction of bus plazas, Project Nos. 81-09, 81-32, 82-.19" and to authorize the following final payment: � 1. Natural Green, Inc.,�bus plazas, Project Nos. 81-09; 81-32, 82-19, Amount: �875.60. The motion passed 7-0. Contract Payments - Partial contract payments: It was moved by Councilman Backes, seconded by Councilman Hanks, to authorize the following partial 2. Northwest Asphalt, Inc., paving, curb & gutter, traffic, Project Nos. 79-54, 79-44 and 81-69. Amount: $41,820.80 3. Arcon Construction Co., concrete paving, curb & gutter, Project Nos. 81-64, 82-06. Amount: �46,294.50. 4. Boda Construction Co., concrete alley construction, repair and re�ated work, Project Nos. 81-03, 81-04, 81-12, 81-17, 81-52, 81-53, 81-54, 81-51 and 81-60. Amount: �13,246.48. 5. Keys Well Drilling Co., pump and motor installation, Project 81-72• Amount: �5,199.80. The motion passed 7-0. 14. Adjournment It was moved by Councilman Nanks, seconded by Councilman Ralles, that the meeting be adjourned at 10:05. � ' � . � c� C ' �(� _ ayor � J tj)�....�P�flr!jJll!]__.�!'�I"�f;il"'1.��.� -