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HomeMy WebLinkAbout1986/01/06 - ADMIN - Minutes - City Council - RegularMINUTES CCITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 6, 1986 1. Call to Order The meeting was called to order at 7:30 by Mayor Lyle Hanks. 2. Presentations On behalf of the City Council, Mayor Hanks presented a plaque in recognition of his eight years on the City Council to Jerry Martin, ex-Councilmember whose term ended in December 1985. 3. Roll Call The following members were present at roll call: 4. 5. Ronald Backes Thomas Duffy Allen Friedman Lyle Hanks Keith Meland Larry Mitchell David Strand Also present were the City Manager, City Attorney, Director of City Development, Director of Public Works. Approval of Minutes It was moved by Councilman Strand, seconded by Councilman Friedman, to approve the minutes of the City Council meeting of December 12, 1985. The motion passed 7-0. It was moved by Councilman Duffy, seconded by Councilman Backes, to approve the minutes of the December 16 City Council meeting. The motion passed 7-0. It was moved by Councilman Mitchell, seconded by Councilman Friedman, to approve the minutes of the City Council study session held December 16, 1985. The motion passed 7-0. It was moved by Councilman Backes, seconded by Councilman Meland, to approve the minutes of the December 31, 1985 year-end meeting. The motion passed 4-0-3 (Councilmen Friedman, Mitchell, Mayor Hanks abstained). Approval of Agenda The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Mitchell, to approve the consent agenda for January 6, 1986 It was moved by Councilman Mitchell, seconded by Councilman Duffy, to approve the agenda for January 6, 1986 with the following addition: llb. Public Works employees labor contract. The motion passed 7-0. City Council meeting minutes January 6, 1986 PUBLIC HEARINGS 6a. Klodt: Rezoning Request of Frantz Klodt & Son to change zoning from I-1 and R-3 to R-4 for property located on and north of Belt Line Blvd adjacent to the north side of Bass Lake. Nancy Rose, Minikanda neighborhood, asked that the rezoning issue be handled in concert with the final plat scheduled for action later in the month. She expressed the neighborhood's concern over the easement on the knoll by Bass Lake. Mayor Hanks said her concerns were more rightly addressed during discussion of the final plat and that this was first reading of a proposed change in the zoning ordinance and that second reading was scheduled for the same meeting at which the final plat would be discussed. 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 Strand asked for clarification on Council's amendment to the Comprehen- sive Plan, wondering if that were not to go back to the Planning Commission. The City Attorney responded that the action taken by Council in November, to increase the density did amend the Comprehensive Plan and that action was reaffirmed in December and that a review by the Planning Commission was not necessary. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive first reading, set second reading for January 21, 1986 and authorize summary publication. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. 494 Minstry: Pulltabs Application of 494 Ministry to sell pulltabs at Lincoln Del West It was moved by Councilman Meland, seconded by Councilman Duffy,to approve. Gordon Dahl, pastor in the American Lutheran Church, was present to answer questions. Councilman Mitchell asked what the 494 Ministry was, and Rev. Dahl responded that it was a group of clergy and laity primarily interested in the 494 strip in Bloomington. They are now providing chaplin service to hospitality areas throughout the metropolitan area and in some 30 hotels along the 494 strip. Their present request is to raise money to expand their services. -2- City Council meeting January 6, 1986 Councilman Strand said he wanted his opinion of this type of fund-raising for the record - that he feels this is not an acceptable means for organizations to raise money and he would never support such requests. Councilman Friedman said he had trouble with the fact that a member of the board of directors of the 494 Ministry owns the establishment requesting the pulltabs. He said that although he had supported an earlier request for pulltabs when he first sat on the Council, he felt the requests to sell pulltabs would be coming from all over and he could no longer support such fund-raising projects. Mayor Hanks said he had a real problem with matters of this type wherein the State has authorized such activity, but then left each individual community to approve or disapprove all requests. He felt it was very unfortunate the State ever permitted local municipalities to get involved in the matter. In answer to a question from Councilman Backes as to where else the Ministry was selling pulltabs, Rev. Dahl said they were seeking licensing in Bloomington. Councilman Friedman felt there was a dichotomy in a religious organization conducting gambling in liquor establishments to raise funds. Rev. Dahl responded that his organization was attempting to relate directly to the hospitality industry, including liquor establishments, as a means of working more directly than traditional religious institutions have with the people and problems attendant in this type of industry. The motion failed 2-5 (Councilmen Backes, Friedman, Mitchell, Strand, Mayor Hanks opposed) It was moved by Councilman Friedman, seconded by Councilman Strand, to waive reading and adopt Resolution 86-01 entitled "A resolution of the St. Louis Park City Council disallowing gambling license." The motion passed 7-0. 8a. Cable system transfer Ordinance No. - RESOLUTIONS AND ORDINANCES Second reading of an ordinance re proposed cable system transfer Mike Miller, Park Cable Works board officer, said he wanted to clarify Park Cable Works position relative to the proposed transfer. Their concerns are not about the transfer per se, but rather the amendments to the franchise ordinance deleting specific references to equipment, studio facilities, etc. They were asking that an exhibit be attached to the document relative to equipment inventory. Ron Abrams, attorney for Storer Cable, said the company would be agreeable to providing such an exhibit of current equipment inventory. John Gibbs, attorney for the City, spelled out the securities in the Capital -3- City Council minutes January 6, 1986 Commitment Agreement and cable ordinance amendments which protect the City's interests as the transfer process proceeds. He said concern remains relative to the debt level; however, Storer has shown some movement toward disposal of assets which would reduce those concerns. In answer to a question from Councilman Strand re how realistic the City's remedies were in case of breach of the agreement, Mr. Gibbs responded that the remedies were difficult to utilize. He said the franchise could be revoked, but that would no doubt involve difficult and lengthy legal proceedings, He said the focus during negotiations was on penalties, a lower level, less drastic remedy in the event of a breach of the agreement. He felt the penalties set forth in the ordinance amendments would constitute a disincentive for Storer not to meet its obligations. In answer to a question from Councilman Strand re the City's rate regulatory power, Mr. Gibbs said that under the Cable Communications Act passed in 1985 the cable company had the power to increase its rates by five percent in 1985 and 1986, which Storer had done. After 1986 the City will have no rate regulatory authority whatsoever. Alluding to Storer's commitment and debt level vis-a-vis an increase in customer rates, Councilman Strand asked Mr. Abrams about a guaranty from KKR Company. Mr. Abrams responded that KRR is an investment banking firm who arranged the deal, and as part of their compensation they had the opportunity to invest in a small piece of the holding company. It was moved by Councilman Duffy, seconded by Councilman Backes,for execution of the Capital Commitment Agreement. Councilman Mitchell suggested Council act cautiously, mindful of promises in the past that had not been fulfilled. Councilman Strand recognized that this agreement was the best that could be arrived at, but remained concerned about future franchise fees. The motion passed 7-0. It was moved by Councilman Duffy, seconded by Councilman Backes to waive reading and adopt the ordinance as amended. The motion passed 7-0. 8b. Belt Line Blvd. disposition Second reading of an ordinance approving Ordinance No. 1671-86 disposition of property known as Belt Line Blvd. The City Manager explained that approval of the ordinance allows the City to determine disposition of the property, and that at time of approval of the final plat a legal description would denote that part of the property going to Belt Line and that part going to the mini -warehouse development. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt the ordinance specifying disposition of the property. The motion passed 7-0. -4- City Council minutes January 6, 1986 In response to a question about deeding of the property, the City Attorney said some documents were missing that the developer would have to provide before that could occur. A discussion followed relative to exchange of property and whether or not all members of Council had all available information. Mayor Hanks commented that since this matter had been before Council for a year and a half or so, it was his impression all members should be in possession of all available materials. Councilman Mitchell thought there had been some adjustments from what was originally proposed. The City Manager said there had been an adjustment in that access from France Ave. was eliminated and the other street coming into the development had been extended. Mr. Thiel, speaking for the developer, requested that staff prepare a resolution relating to the transfer of property available at the Jan. 21 meeting. 8c. Automotive Service Center Minor amendment to a special permit Resolution - It was moved by Councilman Backes, seconded by Councilman Mitchell, to waive reading and adopt Resolution No. 86-02 entitled, "A resolution rescinding Resolution No. 85-138 adopted on September 26, 1985 rescinding Resolution No. 85-99 adopted on July 15, 1985 and granting special (conditional use) permit under Section 14-123.100 and Section 14-156(18) of the St. Louis Park Ordinance Code relating to zoning to allow grading and the construction of an automotive service center for property located in the B-2, business district and F-2, flood plain district, at 8500-8530 Highway7." The motion passed 7-0. 8d. Park dedication Park dedication along east side of Minnehaha Creek bvetween 37th St. and Hwy. 7 It was moved by Councilman Duffy, seconded by Councilman Strand to defer this item to January 21, 1986. The motion passed 7-0. 8e. 1986-1990 CIP Resolution -03 Capital Improvement Program It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive reading and adopt Resolution 86-03 entitled "Resolution approving Capital Improvement Program 1986-1990". Councilman Strand asked about moving an item up one year, specifically the stoplight at Hwy. 18 and Cedar Lake Rd. He would like to talk with County officials to see if they will provide funding in 1986 for this project. The City Manager said one could approve the CIP with this request, but he s. City Council minutes January 6, 1986 did want to alert Council that chances of success for that request may not be more than 50/50. He felt it might be advisable to include it as a 1986 project as staff would then have some authority to go to the County and say the City Council feels this to be a high priority item. Councilman Duffy said it was acceptable to him to include that project under Year 1986, and to the seconder. A question arose as to whether the Hwy. 18/Minnetonka signal was scheduled for 1986 or 1987, and the Director of Public Works said that after County review, both projects were slated for 1986. The motion as amended to include projects for signals at Hwy. 18/Minnetonka Blvd. and Hwy. 18/Cedar Lake Road added to 1986 passed 7-0. 8f. Bicycle licensing The City Manager commented that Council probably had some questions about this that they might want to schedule for a study session. It was moved by Councilman Friedman, seconded by Councilman Duffy to refer the matter to a study session. The motion passed 7-0. 8g. Excelsior Blvd. dedication Dedication of right of way: Excelsior Resolutions - - Blvd. It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt the following resolutions: No. 86-04, "Dedication of right-of- way on Excelsior Blvd." (5812 Excelsior Blvd. Co.); and No. 86-05, "Dedication of right-of-way on Excelsior Blvd." (DYS Properties) The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Temporary closure: Hwy. 100 It was moved by Councilman Duffy, seconded by Councilman Strand to authorize closure of access to Hwy. 100 from Cambridge east of Wooddale. Councilman Mitchell mentioned the curve in Hwy.nor(l&/V r 310 railroad bridge is also very dangerous and this has been brought up at the Planning Commission. The feeling was that the lighting was most inadequate. Mr. Thibault felt it appropriate to include Council's comments along with those of members of the Planning Commission when the item is brought up to the highway department. An amendment to that effect was added to the motion which passed 7-0. 9b. Alley: 2900 Dakota/Edgewood Preliminary engineering report: 2900 Dakota/Edgewood -6- Alley, City Council minutes January 6, 1986 It was moved by Councilman Strand, seconded by Councilman Duffy to set a public hearing for February 3, 1986 and direct staff to hold a neighborhood meeting. The motion passed 7-0. 9c. Street assessment rate The motion passed 7-0. 9d. Elevated water tank Resolution No. 86-06 It was moved by Councilman Backes, seconded by Councilman Meland, to maintain the street assessment rate at $16/per front foot. Preliminary engineering report: Painting of elevated water tank, Cedar Lake Road It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-06 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 86-09: Elevated tank No. 4 painting." Councilman Mitchell asked if it was correct that in an effort to avoid the problems paintirga tank encountered last year, the exterior will be done first so the tank can be used throughout the summer, and then do the interior in the fall. The City Manager said he was correct and also that a different contractor would be used for this project. Councilman Strand inquired if this was the sort of project that had to be done rather than postponed for a year, to which the Director of Public Works said in this case this would not be advisable as there was a severe crack in the bowl. The motion passed 7-0. 9e. 1-394/Hwy. 100 1600 block Quentin & Princeton Mr. Lehrman asked for adoption of a resolution relative to providing an alley for access to homes on Princeton and Quentin which would involve the taking of his property at 1600 Princeton. Councilman Meland was concerned that adopting a resolution might foreclose any future negotiations with MnDOT relative to this neighborhood. He did not think it fair to be discussing anything with MnDOT prior to holding discussions with the rest of the neighborhood residents. He had no disagreement with proceed- ing in this way, but if the City could go further, that would be desirable. Councilman Friedman reiterated his feelings of the injustice of MnDOT's actions relative to the residents of this neighborhood and he requested that staff give no indication that this situation is solved. He was not aware of any additional meetings with MnDOT. It was moved by Councilman Meland, seconded by Councilman Friedman to prepare a resolution for the January 21, 1966 m e0 lig relative to the proposed alley in this neighborhood. -7- City Council minutes January 3, 1986 It was moved by Councilman Friedman, seconded by Councilman Mitchell to add to the motion that staff hold a neighborhood meeting to discuss options available prior to the January 21, 1986 meeting. The motion as amended passed 7-0. 9f. I-394: Time transfer station Mayor Hanks asked if this proposal had been discussed with the residents of the neighborhood where the station is planned. The City Manager said it had been discussed with owners of property that is to be bought for the project and with those whose property abuts the frontage road. Councilman Strand asked if this were the only station planned for St. Louis Park to which the City Manager replied it was. Councilman Strand asked if studies had been conducted to substantiate this station. The Director of Public Works said the City had asked this of the Regional Transit Board and was referred to the MTC and was told the final development documents have not been submitted yet. Councilman Strand felt it important all the facts be in hand before staff goes out to the neighborhoods for input. Councilman Backes asked if MnDOT would own the station, to which the City Manager said it was his understanding the Regional Transit Commission would own the facility. Councilman Backes commented that was a nice piece of property to be removed from the City's tax rolls and asked who would be responsible for maintenance of the facility. Councilman Mitchell expressed his concern that buses will be rerouted through the Texas neighborhood and asked that more information on proposed rerouting be obtained. It was the consensus that a good deal of additional information is needed. It was moved by Councilman Mitchell, seconded by Councilman Friedman to refer the item to staff to obtain more information. Councilman Friedman felt it very important that the City and Council have as much information available before the citizenry becomes unduly aroused. The motion passed 7-0. 9g. Housing & Redevelopment Authority minutes Dec. 10 9h. Housing & Redevelopment Authority special meeting Dec. 16 9i. Planning Commission meeting Dec. 18 9j. Planning Commission meeting Dec. 4 All minutes were ordered filed by consent. City Council minutes January 6, 1986 UNFINISHED BUSINESS 10a. Boards b Commissions Interviews for the Planning Commission vacancy were set for Jan. 21. 10b. Worker's compensation program A representative from American Risk Services briefly explained its report. Due to the complexity of the data before Council and a need for a more thorough evaluation, it was the consensus of Council this item be referred to the January 13, 1986 study session. Ila. Police uniform contract NEW BUSINESS It was moved by Councilman Meland, seconded by Councilman Friedman, to designate Uniforms Unlimited as the lowest responsible bidder and authorize execution of a contract with that firm in the amount of $7,291.50. The motion passed 7-0. llb. Labor contract Labor agreement: Public Works employees Resolution -BZ --07 I.U.O.E., Local 49 It was moved by Councilman Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution 86-07 entitled "Resolution establishing Public Works employees' salaries and insurance contributions for the year ending December 31, 1986." The motion passed 7-0. MISCELLANEOUS 12a. Claims Jacqueline Keith, 3373 Sumter Ave., SLP Richard Levine, 2222 Oregon Ct., SLP Gerald Delp, 4043 Brookside Ave., SLP Kathleen Davis, Mpls. By consent, the claims were referred to the City Clerk and City Attorney. 12b. Communications from Mayor The Mayor extended the City's thanks to the Lutheran Brotherhood Branch 8032 which has donated funds for signage and installation of a kiddie slide in Oregon Park. 12c. Communications from City Manager The City Manager outlined the agenda proposed for the Jan. 13 study session. He said a joint meeting between the Council, School Board and Policy Advisory Committee has been set for Feb. 3 at 6:30 p.m. to discuss Community Education goals and tax increment financing. U City Council meeting minutes January 6, 1986 Because of upcoming holidays, the following changes will be made in Council meeting dates: from Monday, Jan. 20 to Tuesday, Jan. 21; from Monday, Feb. 17 to Tuesday, Feb. 18 The City Attorney commented on the report on indemnification Council had requested. The conclusion of the report was that since ambiguity exists in State law relative to indemnification, if the City Council wants Council members and employees to have legal defense available against all tort claims or demands and to be indemnified against all judgments or amounts paid in settlement, then an ordinance should be adopted. Councilman Strand felt an ordinance should reflect that defense costs would be covered. It was moved by Councilman Friedman, seconded by Councilman Strand to authorize the City Attorney to prepare an ordinance of indemnification for Council members and City employees. The motion passed 7-0. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims It was moved by Councilman Backes, seconded by Councilman Friedman, that the list of verified claims prepared by the Director of Finance dated January 6, 1986 be approved in the amount of $367,007.90 for vendor claims and $9,385.48 for payroll claims be approved 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 payments 1. Richmar Construction, renovation of lift station at 32nd St. and Oregon Amount: $7,896.70 2. 0 & P Construction, watermain. Amount: $6,779.80 3. Hayes Construction, lift station 15. Amount: $18,971.00 4. E. H. Renner & Son, Well 10 repair. Amount: $1,769.00 It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt the following resolutions authorize payment of the above contracts: No. 86-08, Richmar Construction; 86-09, 0 & P Construction; 86-10, Hayes Construction; and 86-11, E. H. Renner & Son. The motion passed 7-0. -10- City Council minutes January 6, 1986 Partial payments 5. Biruminous Roadway, tennis court, bituminous trail, wall, and trail at Shelard Park. Amount: $2,339.57 It was moved by Councilman Meland, seconded by Councilman Duffy to approve and authorize payment. The motion passed 7-0. 14. Adjournment n 4t�) � ecor ing etre ary It was moved by Councilman Friedman, sec- onded by Councilman Duffy, to adjourn the meeting at 9:55 p.m. The motion passed 7-0. Mayor t