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HomeMy WebLinkAbout1984/10/01 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 1, 1984 i. Call to Order i. Presentations 3. Roll Call Also present were the City Manager, Director of Public Works, City Assessor. Mayor Hanks called the meeting to order at 7:30 p.m. Mayor Hanks read proclamations proclaiming League of Women Voters month and National Business Women's Week. The following Council members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Jerrold Martin Richard Strohl Lyle Hanks City Attorney, Director of Planning, ;• �proval of Minutes It was moved by Councilman Martin, by to approve the minutes of the September 175e1984eCity Councilouncilmameeti 9n Meland, The motion passed 6-0-1 (Councilman Strohl abstained). It was moved by Councilman Backes, seconded by Councilman Martin to approve the minutes of the City Council budget study session on September 24, 1984 with the following changes: the mill rate should be18.72; the revenues for sign fees would be increased from $1,000 to $5,000; and that the allocation for Shelard Park development was directed by Council, not staff. The minutes as amended were approved 6-0-1 (Councilman Strohl abstained). !Rproval of Agenda 9 It was saved by Councilman Strohl, seconded by Councilman Mitchell, October 1, 1984. to approve the consent agenda for The Notion passed 7-0. It was moved by Councilman Martin, seconded by Councilman Backes, to approve the agenda for October 1, 1984. The Notion passed 5-0. PUBLIC HEARINGS 110w Taxi Cab l -184- Yellow Taxi Service Corp: Request to license an additional 15 vehicles in St. Louis Park City Council meeting minutes October 1, 1984 James LaTurneau, Frank Bennett and attorney Carol Nestigan spoke on behalf of Yellow Cab's request for additional licenses. Mr. Bierbower, Town Taxi, spoke against the request, stating a need was not shown for issuance of additional licenses and that they were not now using all the ones issued to them because there wasn't a need. The attorney, Carol Nestigan, felt the City might want to explore summer/winter licensing such as the City of Minneapolis does. 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. Councilman Martin felt if additional licenses were now issued to Yellow Cab, every other cab company will be coming to ask for additional licenses. He felt that the City's need for additional cab service had been met. It was moved by Councilman Martin, seconded by Councilman Meland, to deny issuance of additional licenses. The motion passed 6-1 (Councilman Strohl opposed). 6b. Project 78-32 eso u ton o. 84-158 France Ave. reconstruction An engineering staff member displayed overheads illustrating the planned reconstruction of France Ave. between Excelsior Blvd. and the south City limits. He said that five bodies were involved in this project: St. Louis Park, Edina, Minneapolis, Hennepin County and the State of Minnesota. He said the City's main concern had to do with the boulevard and trees remaining on the west side of France Ave. He presented various proposals for the realign- ment of the intersection at France and 38th St. He said Minneapolis is proposing to widen France between 39th and 40th Streets which would result in no parking up to 38th St. only thus preserving the boulevard and trees. Clarence Adams, 3930 France Ave. felt installation of stop signs at 39th or 40th for traffic control would help to control traffic, but that with widening of the street and no traffic controls, the traffic will increase. John Miller, 3550 France Ave., voiced his concern about the assessment. He wondered why, if the State was paying for the project and Hennepin County was to maintain it, the property owners were being assessed. Mayor Hanks responded that it was Council to all benefitters of steet construction projeto cts and that sthis lmatter would be taken up when the assessment hearing was held. Councilman Duffy said that $56,000 of costs to be paid by the City. There being no one further wishing to speak, the Mayor closed with the right of Council to thereafter reopen declared the hearing en a future date. P and continue it at -185- City Council meeting minutes 7ctober 1, 1984 A was moved by Councilman Martin, seconded by Councilman Duffy to waive reading and adopt Resolution No. 84-158 entitled, Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids fo improvement No. 78-32: Paving, curb & Gutter France Ave. reconstruction south of Excelsior Blvd." Councilman Meland commented that the $56,000 the City was front foot rate on just one side. He said that if both sides sof the the are being assessed, the $16/front foot rate would be halved, as Minneapolis would be paying the other side, and that this should be taken up at the assessment hearing. The motion passed 7-0. g 6c. Project 83-26 eso ution o. 84-159 Hwy. 7/Ottawa traffic signal There being no one 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 Councilman Duffy, seconded by Councilman Strohl, to waive �� reading and adopt Resolution No. 84-159 entitled, Resolution adopting assess- ment - Improvement No. 83-26, Traffic signal at Ottawa Ave. & Highway 7." The motion passed 7-0. 6d. Request for cable rate increase Request of Storer Cable for an increase in the basic cable rate James Erickson, attorney for Storer Cable, presented a brief explanation for the request for an increase in the basic cable rate. Marilyn Zoss, 1814 Louisiana Ave., cited discrepancies in the CTIC report, amongst which was the fact the report included Storer's coverage of small towns in the State, while no figures were presented for Rogers Cablesystems which services Edina, Eden Prairie, Hopkins, Minnetonka, Richfield and Blooming- ton. Also, she questioned figures relative to premium channel rates. Mayor Hanks responded that the City has no control over any premium channel rates, only the basic rate. Kenneth Sachs complained that the cable monthly bulletin was printed in such tiny print he was unable to read it. Also he questioned why the premiere FM broadcasting channel was not available and why two Christian channels were available but only a couple of hours of Jewish broadcasting. Staff liaison to the cable company gave a brief explanation of the Cable Television Information Center report and its findings. In answer to a question from Councilman Mitchell on how CTIC has recommended on other systems' requests for rate increases, she said to the best of her knowledge the. requests have generally been approved. -186- City Council meeting minutes October. 1, 1984 Mr. Sachs felt from his reading of the cable survey that it was not a random sampling and thus invalid. He said the cable company sends its bills late, but that they expect to be paid promptly. He said that customers were given no rebate when the system was inoperative. Councilman Martin said NSP doesn't give a rebate if the power is off. Mark Rosen, former member of the Cable TV Advisory Commission, asked how many subscribers there currently were, to which a representative of the company responded 6,500. Mr. Rosen commented the company would now be collecting an additional $13,000/mo. He asked if Storer was adhering to the requirements of the franchise and if it were not true the system was for sale. Mr. Erickson responded that Rogers had an option to buy the system through 1985. Mr. Rosen suggested the Council take new owner to come to a Council meeting. no action at this time, but ask the 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 Councilman Martin to authorize preparation of a resolution approving the requesWincrease in basic cable rate. T he motion died for lack of a second. It was moved by Councilman Meland, seconded by Councilman Mitchell to authorize preparation of a resolution of denial. Councilman Meland felt that with the information relative to a potential for the system being sold, the Council should not take any action at this time. Councilman Martin felt there was nothing in the franchise ordinance preventing Council action just because the system might be for sale. He said he could understand a potential for sale as it was virtually impossible for any company to keep up with the state of the art these days, and that Storer was certainly behind at this time. Councilman Backes couldn't see where an increase in the basic rate would substantially increase subscriber satisfaction. Councilman Mitchell said he had seen little incentive on the part of Storer to increase its marketing of the system. Mayor Hanks said he was the only member of Council still serving who was on the Council in 1973 when the franchise ordinanc? was passed. He felt that after eleven years, some increase in the basic rate was logical. He felt if the system were sold, he would not want to Jeopardize a sale which might promote such positive aspects as interconnections. The motion passed 5-2 (Councilman Martin, Mayor Hanks opI:osed). -187- City Council meeting minutes , ,ictober 1, 1984 PETITIONS, REQUESTS, COMMUNICATIONS la. John Mulhouse John Mulhouse, 3141 Sumter St., ed aainst the City for what he termed the "antics of a smalldgroup fromcthelaint Police Department." P He asked Mayor Hanks to clarify his relationship with one Richard Hanks, to which Mayor Hanks said he knew no one named Richard Hanks. lb. Joint meeting HRC/Council By consent, a joint meeting between the Human Rights Commission and and the City Council was set for 1:00 p.m, on October 15, 1984. RESOLUTIONS AND ORDINANCES da. Election judges eso ution o. 84-160 Resolution naming election judges for general election It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-160 entitled "Resolution designating 1 polling places and namin election I 6, 1984.11 g judges for state general election November The motion passed 7-0. Vacation utility easement Second reading of an ordinance r mance 1110, -632.8 vacating utility easement: Sandoz Nutrition It was moved by Councilman Martin, seconded by Councilman Duffy, to waive second reading and adopt Ordinance No. 1632-84 entitled, "An ordinance vacating utility easement." The motion passed 7-0. %- Resolution of recission e_ sX ion o. 84-161It was moved by Councilman Mitchell, to seconded by Councilman Duffy, waive reading and adopt Resolution No. 84-161 entitled "A resolution rescinding Resolution No. 7366 adopted April 28, 1983 and granting permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow a 134 -unit hotel with a Class III Restaurant in the PUD, Planned Unit Development District, at 5355 39th St. W." The motion passed 7-0. 1985 bud et First reading of ordinance adopting eso utlon No. 84-162 the 1985 budget and revising the eso u ion o. - 1984 budget; resolution adopting t e m� evy and resolution assessing delinquent water and sewer charges, nuisance abatement, false alarm fees and tree removal. -188- City Council meeting minutes October 1, 1984 It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive first reading and set second reading for October 15, 1984 of the ordinance adopting the 1985 budget and revising the 1984 budget; to waive reading and adopt Resolution No. 84-163 entitled, "Resolution levying assessment for delinquent water/sewer charges, nuisance abatements, false alarm fees and tree removal" and Resolution No. 84-162 entitled "Resolution approving 1984 tax levy, collectible in 1985." The motion passed 7-0. 8e. Redevlopment Ordinance It was moved by Councilman Duffy, seconded by Councilman Backes to waive first reading, set second reading for October 15, 1984 and authorize summary publication. The motion passed 7-0. 8f. PERA Board Resolution No. 84-164 Resolution concerning recent actions of the PERA Board It was moved by Councilman Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution No. 84-164 entitled "Resolution concerning recent actions of the Public Employees Retirement Association Board." The motion passed 6-0-1 (Councilman Martin abstained). 8g. CDBG: Emergency requests Community Development Block Grant program: System for handling emer- gency requests It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 84-165 entitled "CDBG-System for handling emergency requests." The motion passed 7-0. 8h. Sunset Ridge Condo project 'Resolution o. - Resolution amending final approval of Sunset Ridge Condominium project It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-166 entitled authorizing certain amendments to the indenture of "Resolution No. 84-166 agreement with respect to the Cit of Sttrust and the servicing Y , Louis Park, Minnesota, commercial development revenue bonds (Sunset Ridge commercial condominium project), Series 1984.' The motion passed 7-0. :• city Council meeting minutes October 1, 1984 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Twin Lakes It was moved by Councilman Meland, seco to direct that a neighborhood meeting be heldnded by Councilman Strohl, The motion passed 7-0. 9b. Aspenwood, Final Plat Resolution o. - Mark Bloom, 2300 Parklands Rd. said that the homeowners association had had an opportunity to fully review the plans for Aspenwood and to meet with the developer, Ron Bastyr. There was no opposition to the plan. Councilman Stroh] questioned whether the developer would be seeking any variances. Mr. Bastyr said there was no plan to seek any variances. It was moved by Councilman Martin, seconded by Councilman Backes, to ` waive reading and adopt Resolution No. 84-167 entitled "Resolution giving approval for final plat of Aspenwood." The motion passed 7-0. 9c. Release of bond Release of bond: Dahlquist Indus- eso u ion o. 84-168 trial Park It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-168 entitled, "Resolution accepting completion of work and authorizing release of bond for Dalquist Industrial Park (Northland Aluminum). The motion passed 7-0. 9d. Eliot Center for the Arts Supergraphics BY consent, a report on the proposed supergraphics for Eliot Center for the Arts be filed. 9e• CDBG funds Development agreement-CDBG funding for demolition It was moved by Councilman Meland, seconded by Councilman Duffy, to authorize preparation of a development agreement between the City of St. Louis Park and Dominium Development. The motion passed 7-0. -190- City Council meeting minutes October 1, 1984 9f. Water Conservation meeting minutes The minutes of the Water Conserva- tion Committee meeting were ordered filed by consent 99. Gradient control system In answer to a question from Councilman Mitchell about the status of the filtration system, the City Manager gave a brief update on a recent meeting in Chicago, the upshot of which was that the PCA had changed the ground rules for the system's specifications. He said the gradient control system was necessary before the treatment plant was built. It was moved by Councilman Mitchell, seconded by Councilman Martin, to accept the four part recommendation of staff's report. The motion passed 7-0. 9h. I-394/Hwy. 100 report The Director of Public Works discussed the various access routes proposed for the frontage roads. Phyllis Harris expressed her concern with safety of children attending nursery school at Beth El and said they would support the frontage road if it were to be two-way. Father Andert, Benilde-St. Margarets was in agreement. Several residents of Quentin Ave. expressed their concern about the noise and also questioned the State's selective removal of homes on Quentin. Jerry Lehrman, 1600 Princeton said the State was seeking guidelines on where lines should be drawn between removing and not removing homes. It was moved by Councilman Martin, seconded by Councilman Strohl to request the State take all the homes on Quentin which would be adversely affected by this project. The motion passed 7-0. It was moved by Councilman Backes, seconded by Councilman Martin to accept recommendations 1-5 of staff's report. ' The motion passed 6-1 (Councilman Strohl opposed). 91. HRA minutes 9j. Park and Recreation minutes 9k. Cable TV Commission minutes -191- The minutes of the Housing and Redevelopment Authority meeting were ordered filed by consent. The minutes of the Parks and Rec- reation Commission meeting were ordered filed by consent. The minutes of the Cable TV Advisory _Commission meeting were ordered filed by conser t. City Council meeting minutes October 1, 1984 UNFINISHED BUSINESS 10a. Boards and Commissions Mayor Hanks said that Jerry had resigned from the Boarof�lling Zoning Appeals since he had been appointed to the Cable TV Advisory Commission. Mayor Hanks said he had appointed Councilman Backes to the HRA. It was moved by Councilman Martin, seconded by Councilman Duffy to confirm that appoint- ment. The motion passed 6-0-1 (Councilman Backes abstained). NEW BUSINESS Ila. Bid tabulation 1984-85 tree planting stock Councilman Strohl said he could not support this item as he felt not enough trees were being planted, the wrong species were being planted and many of the trees planted are dying. It was moved by Councilman Backes, seconded by Councilman Strohl, that a report be brought back to Council on how many of each variety has been Planted and the number of trees that have died. The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Martin, to designate Wilson Nursery, Midland Nursery, Minnesota Valley Wholesale, Branch Landscape, Minnesota Tree and Hartman Co. as lowest responsible bidders and authorize execution of contracts with those companies. The motion passed 6-1 (Councilman Strohl opposed). MISCELLANEOUS 12a• Claims Kennieth Br000ke, 3322 Library Lane, SLP By consent, the claim was referred to the City Clerk and City Attorney. 12b• Communications from Mayor None. 12c• Communications from City Manager The City Manager referred to a change in the Charter relative to electing at - large Council members. With respect to the Apple Valley lawsuit, he said the Court of Appeals had heard oral arguments and that an opinion was expected in 30-45 days. With respect to the City's insurance premiums, the City Manager said the City could negotiate or go out for bids. -192- City Council meeting minutes October 1, 1984 It was moved by Councilman Martin, seconded by Councilman Backes to negotiate for the City's insurance. The motion passed 7-0. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Mitchell, to approve the list of verified claims prepared by the Director of Finance dated October 1, 1984 in the amount of$767,414.93 for vendor claims and $18,312.19 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 13b. Partial payment It was moved by Councilman Mitchell, approve the following partial payment: seconded by Councilman Duffy, to S. M. Hentges & Sons Excavation, watermain and sanitary sewer, Projects Nos. 83-25 and 84-07. Amount. $38,341.01 The motion passed 7-0. 14. Adjournment adjourn the meeting at 10:35 p.m. The motion passed 7-0. Ok &V#) Mpt Smith, ecor ing ecre ary -193- It was moved by Councilman Mitchell, seconded by Councilman Duffy, to Mayor