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HomeMy WebLinkAbout1984/05/07 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 7, 1984 1. Call to Order A regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations Mayor Hanks read a proclamation for the American Legion and Veterans of Foreign Wars in honor of Poppy Day. He also acknowledged an award from Recycling Unlimited, congratulating the City on its recycling efforts. 3. Roll Call The following Council members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Jerrold Martin Richard Strohl Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of Minutes It was moved by Councilman Martin, seconded by Councilman Meland to approve the minutes of the April 16, 1984 meeting with the following correction: Item 6c, third paragraph, the first line should read: "Councilman Duffy stated that there were In Item 2, last sentence, Mayor Hanks should be changed to Mayor Pro Tem Meland. The motion passed 4-0-3(Counci]man Backes, Stroh], Mayor Hanks abstained). It was moved by Councilman Backes, seconded by Councilman Duffy, to approve the minutes of the study session held April 23, 1984. The motion passed 5-0-2 (Councilmen Mitchell, Strohl abstained). 5• ApQroval of Agenda It was moved by Councilman Strohl, seconded by Councilman Martin, to approve the agenda (consent) for May 7, 1984. The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Strohl, to approve the agenda for May 7, 1984 with the following additions: 7d, variance Of speed limit, Lake Forest; llf, Coirmunity Ed budget; llg, Funding for Multi -state conference; llh, sick leave incentive -supervisory employees. The motion passed 7-0. -69- City Council meeting minutes May 7, 1984 6a. Yellow Taxi Company PUBLIC HEARINGS Application of Yellow Taxi Company for a Certifi- cate of Conveyance There being no one wishing to speak, the Mayor declared the public hearing closed. Councilman Martin said that a year ago the Council made a decision to issue taxi licenses based on the public need. He said numerous calls received by Town Taxi could not be serviced, but perhaps 50 new licenses were not needed. It was moved by Councilman Martin, seconded by Councilman Duffy that Yellow Cab Service Company be issued five licenses (Certificates of Conveyance) to operate in St. Louis Park. The motion passed 7-0. 6b. Naegele Restaurant Request of Naegele Restaurant to add a deli Resolution84-54 Peter Beck, attorney for the applicant, requested that condition 8b in the resolution of approval be deleted as the billboard is not owned by the applicant, and that in condition 8c, reference to billboard conformance be deleted and the date for completion changed to May 7, 1985. In answer to Councilman Mitchell's question re ownership of the land, Mr. Beck responded that the Naegele Restaurant is a separate corporation from Naegele Outdoor Advertising who leases the property. 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 oy Councilman Martin, seconded by Councilman Backes to delete conditions 8b and 8c and change the completion date to May 7, 1985, waive reading and adopt Resolution No. 84-54 entitled "A resolution rescinding Resolution No. 7269 adopted on November 1, 1982 and granting permit under Section 14-156 of the St. Louis Park ordinance Code relating to zoning to allow expansion of a Class I restaurant in the B-2 General Business District at 9920 Wayzata Blvd." Councilman Backes said any problem with the billboard should be handled by the Inspections Department. Councilman Duffy asked if the billboard was non -conforming, that is, with the previous ordinance. He said it was not Council's intent to make billboards now standing conform with the previous ordinance. The City Manager said it was presently not in conformance because of changes in the setback requirements. The motion passed 5-21Councilmen Mitchell and Strohl opposed). -70- City Council meeting minutes May 7, 1984 6c. Suburban Taxi Application of Suburban Taxi for a Certificate of Conveyance Ron Bartels, vice president of Suburban Taxi, said his firm receives some 75 calls per day that are not able to service. He said his firm would like to participate in the City's growth as indicated by three taxi cab companies requesting licensing in St. Louis Park. 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, seconded by Councilman Meland to deny the request. Councilman Strohl wondered if issuing licenses to one firm and denying another was not contrary to fair trade laws. Councilman Martin stated that the City's ordinance states the City Council addresses need, and doesn't mean that just because alicense to operate is approved for one firing that any other applicant is automatically approved. Councilman Meland said this matter was similar to provisions for health care, i.e., need is the question. Councilman Mitchell wondered if the City could become involved in a law suit such as happened in Robbinsdale, to which the City Attorney responded that it was the responsibility of the Council to assess public need or necessity. He said there were no assurances there would not be litigation. It was moved by Councilman Martin, seconded by Councilman Backes to reopen the hearing and continue it to May 21, 1984. The motion passed 7-0. 6d. Special permit: Brauer Assoc. Reso ution o. - Request of Brauer & Associates for grading and filling of property Don Brauer, 7157 Flying Cloud Dr., Eden Prairie, said he was requesting the permit for grading and filling of property near Target. He said the DNR has approved his request based on the fact that flooaw., line is encroaching on the property and is inappropriate. The Director of Planning said floodway boundaries are set by the U.S. Geologi- cal Survey, and until the City hears differently from them, the City is bound by the ordinance covering such matters. It was moved by Councilman Martin, seconded by Councilman Backes to waive reading and adopt Resolution No. 84-55 entitled "A resolution granting Permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code -71- City Council meeting minutes May 7, 1984 relating to zoning to permit grading and filling of property located in the F-1 floodway and F-2 floodplain districts at 8700 Highway 7" and to delete condition 2 of the resolution relating to removal of a non -conforming billboard. The motion passed 6-1 (Councilman Mitchell opposed) 6e. Naegele: 6215 W. 36th St. Special permit: Naegele Outdoor Advertising, Resolution No. - to construct billboard at 6215 W. 36th St. Nancy Jorgenson, Naegele Outdoor Advertising, said Naegele proposed to removal the bulletin on Garrisons and Pic -A -Pop and construct one V-shaped sign at that location. Councilman Mitchell asked how many signs Naegele had currently in St. Louis Park, to which Ms. Jorgensen responded 32. Councilman Mitchell asked how many of those carried public service messages, to which Ms. Jorgensen responded 10%. She said three to four boards carried public service messages in 1983, among them the Lions' Club Breakfast and Party in the Park. 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. Mayor Hanks said it was good to see the boards be removed from the rooftops. Councilman Mitchell wondered if the boards to be removed were originally non -conforming, to which the Director of Planning responded their construction originally was and that it was covered by the section of the ordinance relating to non-conformance. 4 It was moved by Councilman Meland, seconded by Councilman Martin to waive reading and adopt Resolution No. 84-56 entitled "A resolution granting permit under Section 14-186(5)(c) of the St. Louis Park Ordinance Code relating to zoning to permit a billboard contingent on removal of the existing billboard on property located in the I-1, General Industrial District, at 6415 W. 36th St." The motion passed 7-0. 6f. Nae ele: 9000 Hi hway 7 Request for a special permit: Naegele Outdoor es• ut�on o. - Ms. Jorgensen said Advertising to construct billboard at 9000 Highway 7 the company intended to rest 9000the Hwy xi� ting billboard at Hwy. 7 and Oregon Ave. and construct a new one. 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. -72- City Council meeting minutes May 7, 1984 It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-57 entitled "A resolution granting permit under Section 14-186(5)(c) of the Ordinance Code relating to zoning to permit �3g?nRwgnf95m�ngp�b�2p?grYn(ERpeggpeot�n@PayeB10u A discussion ensued relative tc/billboards' proximity to residential neighbor- hoods. The Director of Planning said the proposed board would be 80 feet from residential zoning and that the ordinance specifies no closer than 300 feet. Councilman Strohl felt that a board that close to R-1 will hurt both property values and the City. It was then moved by Councilman Martin, seconded by Councilman Meland, to ask staff to bring back for a public hearing the intent of the five special categories for permitting billboards and possible amendment of the ordinance relative to the relationship between location sites and proximity of residential neighborhoods. The motion passed 6-1 (Councilman Strohl opposed). 6g. Street lights: Wooddale Ave. Improvement 78-I0C: Street lighting on Wooddale Ave. from W. 36th St. to Goodrich Ave. Jerry Posey reiterated his opposition to this project. The City Manager said the City intends to specify Wooddale Ave. to 36th St. as a Municipal State Aid street and if this is approved, it would qualify for MSA funding which would pick up 40% of the funding for this project; however, he cautioned there is no guarantee the City's request would be approved. Councilman Martin asked if that would mean on -street parking restrictions, to which the Director of Public Works said there would be no on -street parking as Wooddale will become a ramp for the Hwy. 100/W. 36th St. interchange 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 Meland, seconded by Councilman Martin to adopt the resolution approving the project. Mayor Hanks said he would only support this project if the funding were Picked up by MnDOT. Councilman Martin wondered if there would be any liability if the street were left unlighted and asked staff to research that question. Councilman Meland said it was his understandirgthis project was one of three City projects that were to be approved in conjunction with the Hwy. 100/W. 36th project as stipulated by MnDOT. -73- City Council meeting minutes May 7, 1984 Councilman Duffy said he couldn't see the property owners being assessed for street lights and questioned what benefit they received. Councilman Martin withdrew his second. It was moved by Councilman Mitchell, seconded by Councilman Strohl, to reopen the public hearing and continue it to May 21, 1984. The motion passed 7-0. 6h. Park Ctr. Blvd. lighting Improvement 78-10B: Street lighting, Park Ne -solution 84-58 Center Blvd. 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 Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution 84-58 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 78-10B: Street lighting on Park Center Blvd. from W. 36th St. to W. 39th St. and Highway 100 east frontage road from W. 39th St. to Excelsior Blvd." Councilman Martin commented that eleven lights will be funded by tax increment district funding and ten will not. He wondered, since all the lights were in the tax increment district, if there were any way for the assessment of the ten to be deferred until the future. The City Manager said that someone had to carry the assessment, and in this case, it would be the City. The motion passed 7-0. 6i. Traffic signal: Park Improvement 78-10A: Traffic signal at W. 36th tr. v . St. and Park Center Blvd. Resolution No. 84-59 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 Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-59 entitled "Resolution ordering improvement, ordering preparation of plans, specifrications and authorizing advertisement for bids for Improvement No. 78-10A: Traffic signal, W• 36th St. and Park Center Blvd. construction." Councilman Backes asked when the signal was to be installed, to which the Director of Public Works responded that it was not yet designed, but that it would be bid this summer and installed in the fall. The motion passed 7-0. -74- City Council meeting minutes May 7, 1984 6j. Plat: Frederick Circle Proposed preliminary plat: Frederick Circle Len Thiel, representing the developer, briefly described the project. Councilman Mitchell asked about the role of the Department of Natural Resources relative to the project. Mr. Thiel explained that should the preliminary plat be approved, the developer would then approach the DNR and the Minnehaha Creek Watershed District with the project plan. Jon Weber, 9311 Minnetonka Blvd., expressed his concern about the plat receiving preliminary approval from Council but not yet from the DNR or Watershed District; the fact that two of the five lots do not meet setback requirements; that the cost of maintaining the holding pond has not been ascertained; and the potential of another access to the property. William Hutton, Hillsboro Ave., was concerned about the project's encroachment into the flood plain and that using Minnetonka for access to the property would be the more desirable. He felt that opening additional access, other than Minnetonka Blvd., would constitute tampering with the flood plain and potentially setting a precedent. Pat Beedles asked how any developer can "do his awn thing" in the flood plain. He said that Mr. Thiel had said the developer would absorb all assessments for curb and gutters as well as preserve the existing mature trees in the right-of-way. Mr. Thiel said the developer would assume those assessments; however if any cuts were to be made into a lot or any configuration was to be done in the future, that would be up to the individual property owners. 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 Backes, seconded by Councilman Martin to approve the preliminary plat. Councilman Strohl said he would oppose the action. He said the Watershed District was worried about rising of the creek and storage capacities. -75- City Council meeting minutes May 7, 1984 Mayor Hanks concurred with those comments, District would look favorably on the project if be provided to compensate for the proposed road. Councilman Mitchell asked if the approval of both the DNR and Watershed District were required, to which the Mayor said the City is not bound by their decisions. The City Manager said the developer could request variances from both of those agencies in order to proceed. stating the Watershed a ponding area would The motion passed 5-1-1 (Councilman Strohl opposed; Councilman Mitchell abstained. 6k. Special permit: 5101 Parkdale eso u ion o. - Special permit: 5101 Parkdale Dr. for an office/warehouse/retail facility 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 Strohl, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-60 entitled "A resolution granting permit under Section 14-124(2)(a) of the St. Louis Park Ordinance Code relating to zoning to permit an office, warehouse and retail furniture store for property located in the DDD, Diversified Development District, at 5101 Parkdale Drive." The motion passed 7-0. 61. Special permit: Ro ers Station eso ution o. - Special permit: 5430 Minnetonka Blvd., to install canopies over gas pumps John Miller, attorney for applicant, said that existing conditions of the previous special permit will be resolved with the Planning Department by July 15, 1984 He asked that condition 12e relating to installation of a curb be deleted. He said a curb had been placed in that location previously and was destroyed by snowplowing equipment. Roger Illstrup, owner of the station, asked if there could be some modification of the landscaping requirements. He said nothing will grow on the northerly edge of the property because of the salting of the stations driveways and the off -ramp. 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. -76- City Council meeting minutes May 7, 1984 It was moved by Councilman Martin, seconded by Councilman Backes to waive reading and adopt Resolution No. 84-61 entitled "A resolution rescinding Resolution No. 7104 adopted on April 5, 1982 and granting permit under Section 14-156(15) of the St. Louis Park Ordinance Code relating to zoning to allow the continuation of a motor fuel station, retail store and providing for a non -self-service automotice service center at 5430 Minnetonka Blvd." deleting conditions 2, 12e, 12b and revising those paragraphis which pertain to those deletions, and the installation of lilac hedges behind the service station only. Councilman Strohl felt the area needed more amenities such as low -growing sturdy bushes. It was moved by Councilman Strohl, seconded by Councilman Mitchell, to require additional landscaping behing the grocery store. The motion failed 2-5 (Councilmen Backes, Duffy, Martin, Meland, Mayor Hanks opposed). The first motion by Councilman Martin, seconded by Councilman Backes, passed 6-1 (Councilman Strohl opposed). 6m. Project 83-32: Excel sior v . improvement Improvement Project 83-32: Excelsior Blvd. Ron Carney, 12069 69th, Maple Grove, owner of the property at 6006 Excelsior Blvd., said the improvement as proposed will force him to move as his business is mainly drop-in and people will not take the time to try to find parking. Nate Goldstone, Brookside Drug, re-emphasized his desire for parking bays in front of his store. Jerry Jensen, Holiday Station Stores, owners of Buon Giorno's, felt the proposed design was the best one put forward. A. W. Lampe, Brunswick and Excelsior, again emphasized his objections to a decorative sidewalk and assessment for him as well as the assessment for street lighting and landscaping. 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 Strohl asked for a review of the traffic counts in an effort to better understand the parking situation. -77- City Council meeting minutes May 7, 1984 Vern Genslinger, Hennepin County, replied there were approximately 23,000 per day. In answer to a question from Councilman Strohl relating to parking options, the Director of Public Works showed a map illustrating proposed parking. He said staff felt parking bays in front of Brookside Drug would be a hazard. Mayor Hanks inquired if Holiday Stations would agree to the parking bays if they were not assessed. Mr. Jensen said bays would encroach on the easterly access to its property. If they decided to sell the property in the future, the bays would not be beneficial. Councilman Martin asked how Holiday would feel about closing the curb cuts, to which Mr. Jensen responded they would be opposed as long as the land is being leased. He said they would have to see on paper any other proposal that differed from the one before Council. Councilman Duffy said the nature of Brookside Drug's business necessi- tated parking bays be provided. In answer to Councilman Strohl's question re. snow removal, the City Manager replied that if sidewalk area is not available to collect plowed snow, it would have to be hauled. It was moved by Councilman Martin, seconded by Councilman Duffy to waive reading and adopt the resolution with the addition of parking bays. Councilman Backes said he could not support this motion as it is not clear how the plan affects Holiday Station's property. It was moved by Councilman Martin, seconded by Councilman Duffy, to reopen and continue the hearing to May 21, 1984. Councilman Mitchell said he assumed other property owners would be interested in exceptions to the proposed plan. The motion passed 7-0. 6n. Assessment hearing, xce sior v project The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Mitchell to continue the hearing to May 21, 1984 -78- City Council meeting minutes May 1, 1984 6o. Sanitary sewer; Improvement project 84-07: Sanitary 8724 Minnetonka- Blvd, sewer, 8724 Minnetonka Blvd. Michael Kiefer, attorney for resident at 8724 Minnetonka Blvd., spoke on behalf of the sewer being installed. Mrs. Westling, 8550 Minnetonka Blvd., said they did not intend to pay for the sewer installation. In response to a question from Councilman Martin relating to 1958 assessments for installation of a sewer, the City Assessor responded the property owners along Minnetonka had been assessed for the trunk system on a front -foot basis Councilman Martin commented thata hookup today could certainly not be done at 1958 rates, roughly $700. Councilman Meland felt this had been an oversite on someone's part back in 1958. He said he'd like to see Westling's property subtracted from today's assessment to see what the figure would be. 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 Meland, seconded by Councilman Strohl to order in the improvement and remove 8550 Minnetonka from the assessment. Councilman Martin suggested a covenant be executed prohibiting the future subdivision of Westling's property. The City Attorney questioned whether that would be upheld. He suggested an alternative might be a proviso for installation charges assessed to any future property owner(s) in the event the property is divided. Councilman Martin asked how such a provisio would show up in the future, to which the City Assessor replied it could be recorded as part of the title and would be revealed upon a title search. Councilman Martin said he could support the motion for improvement if the Westling property were included in the assessment which would be deferred to any future division of the property. The motion failed 2-5 (Councilmen Backes, Duffy, Martin, Mitchell, Mayor Hanks opposed). It was moved by Councilman Meland, seconded by Councilman Martin to reopen and continue the hearing to June 4 and that the assessment hearing be held at the same time. The motion passed 7-0. -79- City Council meeting May 7, 1984 6p. Unicare Homes: IR Bonds Resolution No. - Unicare Homes: Request for preliminary approval for industrial revenue bond financing Jim O'Meara, attorney for the applicant, briefly described Unicare's proposal. He said the Legislature amended the law two years ago in an attempt to provide adequate health care facilities which provides a rationale for their request. He discussed the State's regulation of nursing homes. The applicant feels its purchase of the nursing homes will preserve jobs as well as continue the high quality of patient care. In answer to a question, Mr. O'Meara said no premium had been built into the purchase price by virtue of its being underwritten by indust- rial revenue bonds. Mayor Hanks asked when final approval would be forthcoming, to which Mr. O'Meara said the Legislature had not arrived at a decision relative to the pooling of funds which will affect future bond financing. 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, seconded by Councilman Backes to waive reading and adopt Resolution No. 84-62 entitled "Resolution giving preliminary approval to a project under the Minnesota Municipal Industrial Development Act, referring the proposal to the Minnesota Energy and Economic Development Authority for approval and authorizing preparation of necessary documents." Councilman Meland said he could not support this resolution as it was contrary to the Council's policy that industrial revenue bond funding was to promote the City's tax base, promote new development and the creation of new jobs. Councilman Backes said rather than a policy, it was more of a guideline. The motion passed 5-2 (Councilman Meland, Mayor Hanks opposed). Petitions, Requests, Communications 7a. Stop si n: 29th and (as requested by Councilman Strohl) EdgeWOOa Ave. It was moved by Councilman Strohl, seconded by Councilman Duffy, to order a traffic study be conducted at the intersection of 29th St. and Edgewood Ave. The motion passed 7-0. no City Council meeting minutes May 7, 1984 7b. Burger King rive -in restaurant (as requested by Councilman Meland) Councilman Meland said he was concerned about potential stacking on Aquila Ave. with customers using the drive-thru at the Burger King restaurant at 36th and Aquila. It was moved by Councilman Meland, seconded by Councilman Mitchell that staff research some method of regulating traffic at this location to keep cars from stacking. The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Strohl that staff also look at an amendment to the ordinance governing restaurants should the situation referred to above occur. The motion passed 7-0. 7c. Entrance to City (requested by Councilman Strohl) Councilman Strohl moved and Councilman Meland seconded that staff be directed to look at the area of Minnetonka Blvd. and Highway 7 and define land available for the creation of an entrance to St. Louis Park. The motion passed 7-0. 7d• Lake Forest speed limit Councilman Strohl asked staff for information relative to a variance for a slower speed limit on certain roadways in the Lake Forest area. Resolutions and Ordinances 8a• Use of City Property Resolution granting temporary use of Reso u ,on o. - 0 City property It was moved by Councilman Backes, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-63 entitled, "Resolution granting temporary use of City property." The motion passed 7-0. -81- City Council meeting minutes May 7, 1984 8b. Day care nurseries Second reading of an ordinance relating -Ordinance-No. -84 to day care nurseries It was moved by Councilman Meland, seconded by Councilman Strohl, to waive reading and adopt Ordinance No. 1624-84 entitled, "An ordinance damending the St. Louis Park Ordinance Code relating to zoning by amending Sections 14-127, permitted accessory uses, and 14-142, permitted accessory uses." The motion passed 7-0. 8c. Weight restrictions Second reading of an ordinance relating r mance No. -84 to weight restrictions It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt Ordinance No. 1625-84 entitled "An ordinance related to vehicle weight limitations and traffic control devices: Amending the St. Louis Park Municipal Code, Sections 10-202, 10-203 and 10-204; adding a new section 10-203; renumbering former sections 10-102 and 10-204." The motion passed 7-0. 8d. Resolution relating to police Resolution approving Laws 19849 officer retirement Chapter 5749 Section 17 relating ene i s to retirement benefits for certain SLP police officers Geoff Driscoll, 3354 Library Lane, spoke in opposition to the approval of the subject resolution, commenting it appeared to be for the express benefit of Councilman Martin. He argued against its passage on the grounds of decency and fairness, and that he was opposed to the expenditure of taxpayers' money. Susan Brill asked if other Council members had such a pension. It was moved by Councilman Backes, seconded by Councilman Meland to waive reading and adopt the resolution. Councilman Mitchell asked if this required the expenditure of City funds, to which the City Manager replied it would. In answer to a question relating to expenditure of City funds, the City Attorney said the Charter states that if the Council passes action involving transfer of funds, six votes are required. This would require an ordinance and the item being placed on a future agenda. Councilman Mitchell asked as an alternative to that, could the matter not wait until the 1986 budget preparation. Councilman Strohl asked what the expenditure would be, to which :z City Council meeting minutes May 7, 1984 the City Manager replied that had not been determined as yet because it was not know what base years would be used in the computation. It was moved by Councilman Mitchell, seconded by Councilman Duffy to defer to May 21, 1984. It was moved by Councilman Strohl, seconded by Councilman Mitchell, to call the question. The motion to call the question passed 4-2 (Councilmen Meland and Backes opposed) The motion to defer passed 4-2 (Councilmen Meland, Backes opposed) (Councilman Martin abstained from discussion of this matter). Be. CDBG funds Community Development Block Grant eso u Ton No. 84-63 Year X It was moved by Councilman Backes, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-63 entitled, "Resolution approving proposed program for Year X Urban Hennepin County Community Development Block Grant funds and authorizing its submittal." The motion passed 7-0. Reports from Officers, Boards, Comeittees 9a. Walser sign policy Dick Shoquist, Walser, said he was eso u ion o. 8451 prepared to compromise on their request relating to signage. They were requesting a maximum aggregate sign area of 1640 sq. ft.; they would agree to 4 pylons instead of 5; and that they be permitted to fly banners. It was moved by Councilman Backes, seconded by Councilman Duffy to approve the sign policy with the following modifications: maximum aggregate sign area to be 1500 sq. ft.; 4 pylons will be permitted; banners will be prohibited, and to waive reading and adopt Resolution No. 84-51 entitled, "A resolution establishing a sign policy for Walser Ford and Walser Chrysler -Plymouth at 3551-3555 Highway 100." The motion passed 6-1 (Councilman Martin opposed). 9b. I-394 Mayor Hanks said discussion of this item would occur at the study session on May 14, 1984. 9c. MSA funds: Ottawa Ave. It was moved by Councilman Meland, seconded Resolution 84-53 by Councilman Duffy to waive reading and -83- City Council meeting minutes May 7, 1984 adopt Resolution No. 84-53 entitled "Resolution designating Ottawa Ave. So. as a Municipal State Aid street." The motion passed 6-1 (Councilman Strohl opposed). 9d. Planning Commission minutes 9e. HRA minutes 9f. CRC minutes 9g. Water Conservation minutes The minutes of the Planning Commission meeting held April 18, 1984 were ordered filed by consent. The minutes of the HRA meeting held April 19, 1984 were ordered filed by consent. The minutes of the Community Relations Commission meeting held April 12, 1984 were ordered filed by consent. The minutes of the Water Conservation committee were ordered filed by consent Unfinished Business 10a. Boards and Commissions No business. New Business lla. CTIC contract It was moved by Councilman Meland, seconded by Councilman Strohl, to enter into an agreement with CTIC Associates in the amount of $9,882 to conduct a rate study/technical audit The motion passed 7-0. llb. Hwy. 100/W. 36th Bid tabulation: Hwy. 100/W. 36th St. It was moved by Councilman Meland, seconded by Councilman Backes, to designate C. S. McCrossan, Inc. as lowest responsible bidder for the Hwy. 100/W. 36th St. interchange project and authorize execution of a contract with that firm in the amount of $6,567,147.97. The motion passed 7-0. llc. Bingo/gambling licenses Application of Frank Lundberg American Legion Post No. 282 for bingo and gambling license. It was moved by Councilman Meland, seconded by Councilman Duffy to approve the application for a bingo/gambling license. The motion passed 7-0. 'u� Cicy Council meeting minutes May 7, 1984 lld. Bid tab: Evaporative condenser The motion passed 7-0. It was moved by Councilman Strohl, seconded by Councilman Duffy, to designate Gartner Refrigeration as the lowest responsible bidder, to execute a contract with that firm and to waive first reading of an ordinance transferring funds and set second reading for May 21, 1984. Ile. Airport & Airline Taxi Corp. By consent a public hearing on Airport and Taxifor a Certificate of Public Conveyanceline was et fora May 21, 1984plication llf. Community Education Budget The motion passed 7-0. llg. Conference expenditure The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Duffy to approve the 1984 Community Education budget. It was moved by Councilman Meland, seconded by Councilman Duffy to approve the conference expenditure for Karen Reeves to attend the Multi -state Conference. llh. Supervisory sick leave Councilman Meland asked for clarification of the City's policy relating to severance pay on accumulated sick to supervisory personnel after 20 years of service. 12a. Claims Miscellaneous Michael P. Lennon By consent, the claim was referred to the City Clerk and City Attorney. 12b• Communications from the Mayor None 12c• Communications from e i y anager The City Manager reminded the Council of the study session on May 14, 1984. Claims, Appropriations, Contract Payments 13a• Verified Claims It was moved by Councilman Meland, City Council meeting minutes May 7, 1984 seconded by Councilman Strohl, to approve the list of verified claims dated May 7, 1984 prepared by the Director of Finance in the amount of $573,701.46 for vendor claims and $6,364.33 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. The motion passed 7-0. 13b. Contract payments - Final It was moved by Councilman Strohl, seconded by Councilman Meland to waive reading and adopt Resolution No. 84-64 entitled "Resolution accepting work on traffic signal system Project 82-34, Contract No. 1595" and approve the following payment: 1. Collins Electric Co., traffic signal system. Amount: 4,740.00. The motion passed 7-0. Contract payments - Partial 2. Bentec Engineering Corp., backwash controller improvements, Project 84-04. Amount: $4,214.00. 3. Victor Carlson & Sons, random curb drops and sidewalks, Project 83-12. Amount: $16,027.63. It was moved by Councilman Meland, seconded by Councilman Strohl that the partial payments be approved for payment. The motion passed 7-0. 14. Adjournment It was moved by Councilman Martin, seconded adjourned at 11:47 p.m. by Councilman Duffy that the meeting be 4ayor�%. Pat Smith, Recording—Te—cr—ef—ar—y— Um