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HomeMy WebLinkAbout1992/08/03 - ADMIN - Minutes - City Council - Regular 4a 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 3, 1992 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations Resolution ' 92-103 - It was moved by Councilmember Friedman, seconded by Councilmember Haun to adopt Resolution 92-103 recognizing Dennis Beltrand's 23 years of service as a Police Officer for the City of St. Louis Park. Mr. Beltrand was also presented with a plaque from the City Council . Mayor Hanks presented certificates of appreciation to the Park and Recrea- tion Junior Volunteers. A proclamation was read designating August 4, 1992 as National Night Out. 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Gail Dorfman and Lyle Hanks. Also present were Acting City Manager Cris Gears, City Attorney, Jim Steilen, Director of Public Works Jim Grube, Director of Community Develop- ment Dave Hagen, and Assistant to the City Manager Wally Wysopal 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the July 20, 1992 meeting. Mayor Hanks noted the addendum to the minutes. The motion passed 7-0. 5. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the consent agenda with the deletion of item 9e at the request of Mr. Grube. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda with the addition of lOb. Nortel Cable and 10c. Water connection fee. The motion passed 7-0. PUBLIC HEARINGS None. PETITIONS, REQUESTS, COMMUNICATIONS None. -93- City Council meeting minutes August 3, 1992 RESOLUTIONS AND ORDINANCES 8a. Polling places/election judges Resolution appointing election Resolution 9Z-112 judges/polling places for Sept. 15, 1992 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 92-112 entitled "A resolution designating election judges and polling places for the September 15, 1992 State primary election." Councilmember Dorfman asked if there were a primary for just the 5th Congressional District seat. Since the filing date has not arrived, it was unclear what that answer was. The motion passed 7-0. 8b. Variance appeal James Jaros Resolution 92-113 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 92-113 entitled "Resolution granting variance in side yard setback from Section 14-133(5) of the Ordinance Code relating to zoning to permit an attached garage with side yard setback of 3 ft. instead of the required 6 ft. in the R-2, Single Family Residence District, at 1431 Louisiana Ave. So." The motion passed 7-0. 8c. Year XVIII CDBG Sub-recipient agreement Resolution 92-114 Councilmember Friedman asked for clarification of some of the recipients which Mr. Wysopal provided. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 92-114 entitled "Resolution authorizing Mayor and City Manager, to execute subrecipient agreement with Hennepin County for the Urban Hennepin County Community Development Block Grant Program Year XVIII" The motion passed 7-0. 8d. Multi-family Housing Revenue Bonds Briarwood West It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-115 entitled "Resolution relating to the issuance of multifamily revenue refunding bonds and authorizing an agreement as to indemnity and payment of expenses in connection therewith." Motion passed 7-0 Councilmerber Friedman felt obligated to raise his concerns about the underwriter. Councilmarber Mitchell concurred but noted the City, as a conduit only, faces no exposure to liability. Council- member Meland amended his motion to include correction of the date in the public hearing notice. 8e. I.A.F.F. Local 93 Firefighters contract Resolution No. 92-111 It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, • -94- City Council meeting minutes August 3, 1992 to adopt Resolution 92-111 entitled "Resolution approving the International Association of Firefighters Local 993 labor agreement and establishing salaries and insurance contributions for the years ending Dec. 31 , 1992 and Dec. 31 , 1993." The motion passed 7-0. Bf. Transfer of funds First reading of ordinance transfer- ring funds relative to the I.A.F.F. Local 93 contract It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve first reading, set second for August 17, 1992 and authorize summary publication. The motion passed 7-0. 8g. Liquor/beer at Rec Center First reading of ordinance allowing liquor/beer at Rec Center Councilmember Friedman asked if staff had looked into the legal ramifications relative to the Dram Shop Act and how the City can be out of the loop as much as possible by requiring any applicant to provide necessary insurance and idemnifying/hold harmless the City in case of suit; and secondly the insurance the City should carry to protect itself in the event something occurs. - IllThe City Attorney said staff had been working with his office, but to what extent he couldn't comment on. The Acting City Manager said the Finance Director had informed him the City's agent says the City is covered for insurance liability in the same regard as covered in any other City-operated function. In terms of the City and actual users, staff is working with the City Attorney to draw up a user agreement which would include a release and indemnification. Councilmember Friedman requested that the Dram Shop Act be fully researched along with general insurance. He also asked that Council be provided, in writing, from whatever insurer is selected, specific language relative to the Dram Shop Act. Also from the Attorney the City's liability under anybody else's coverage in the event of a sueable occurrence. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to approve first reading, set second reading for August 17, 1992 and author- ize summary publication. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Project 92-01 City Engineer' s report: Texas Ave. Resolution 92-116 sidewalk from Franklin to south frontage 111 road of I-394 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 92-116 entitled "Resolution accepting City Engineer' s -95- City Council meeting minutes August 3, 1992 report, establishing Improvement Project No. 92-01 , directing staff to sponsor a neighborhood meeting for affected residents." The motion passed 7-0. 9b. Project 92-03 City Engineer's report: Random curb/gutter Resolution 92-117 and sidewalk repair It was moved by Councilmember Meland, seconded by Councilmember Dorfman, to adopt Resolution 92-117 entitled "Resolution accepting the City Engineer's report establishing Improvement Project 92-03, ordering improvement Project No. 92-03, approving plans and specifications, authorizing advertisement for bids for Improvement 92-03." The motion passed 7-0. 9c. Project 90-84 City Engineer's report: W. 37th St. pedestrian Resolution 92-118 bridge over Minnehaha Creek It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-118 entitled "Resolution accepting City Engineer' s report establishing Project 90-84, ordering the improvement, approving plans and specifications and authorizing advertisement for bids for Improvement 90-84." The motion passed 7-0. • 9d. Project 92-31 City Engineer' s report: Installation of Resolution 92-119 pre-emption system on Minnetonka Blvd. at Dakota and Texas Avenues It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution No. 92-119 entitled "Resolution accepting the City Engineer's report establishing Project 92-31 , ordering the improvement, approving plans and specifications, and authorizing advertisement for bids for Improvement No. 92-31 ." The motion passed 7-0. 9e. Item removed from agenda 9f. Traffic study 462: Temporary parking restrictions on W. Resolution 92-120 Lake St. , Zarthan to Alabama By consent, adopt Resolution 92-120 entitled "Resolution authorizing temporary parking restrictions along W. Lake St. between Zarthan Ave. and Alabama Ave." 9f. Traffic study 463 Revision of parking restrictions on Webster Resolution 92-121 Ave. at W. Lake St. By consent, adopt Resolution 92-121 entitled "Resolution authorizing implementation of parking restrictions, Webster Ave., south of W. Lake St." III- 9h. Update: W. 33rd St./Aquila Parking conflictIII By consent, report accepted for filing -96- City Council meeting minutes August 3, 1992 91 . Planning Commission minutes July 15 By consent, minutes ordered filed UNFINISH®BUSINESS 10a. Boards and commissions None. 10b. Nortel Cable Councilmember Friedman wondered why the City could not receive an answer from Nortel re what they pay MSC. This appeared to him to be in violation of the terms of the franchise. He asked how the franchise was to -be enforced. - Councilmember Meland felt Nortel should be sent another letter tellinhe City believes they are in violation of the franchise agreement. He so moved and Councilmem- ber Friedman seconded. The motion passed 7-0. 10c. Water testing Councilmember Friedman said he asked Mr. Grube for what the water was being tested now. Sixty-eight of the 83 elements to be tested for are now being tested in St. Louis Park water. The remaining 15 are in a state of flux, meaning it's not clear what is being tested, when, how, etc. Mr. Grube said the State is putting together the finishing touches relative to testing on those 15 elements. Councilmember Friedman felt the State should provide to the City what these 15 remaining elements'aW believed the City is entitled to ask. Councilmember Meland said it appeared to him that the City doesn't have to do anything until 1993 even though the first payment was due in Sept. 1992. This time lag would give the City another opportunity to elicit from the Legislature if they really bought a bill of goods from the Department of Health. He wanted the matter dealt with so that the City only pays the actual costs. It was moved by Councilmember Friedman, seconded by Councilmember Meland, that the City does not levy the fee at this time, delaying until the absolute deadline and that the City write to the Department of Health asking them to define in specific terms exactly what they are charging for and why the testing the City already is providing has to be charged. The motion passed 7-0. NEW BUSINESS lla. Little Gophers Application for liquor license at Classic Resolution 92-122 William Bennett, representing Little Gophers, addressed Council and presented brief background material on Little Gophers. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt -97- City Council meeting minutes August 3, 1992 Resolution 92-122 entitled "Resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 6-1 (Councilmember Friedman opposed) . llb. Holy Family Fall Festival Application for liquor license It was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve the application and waive the 30-day waiting period. The motion passed 7-0. MISCELLANEOUS 12a. Damage claim Karon Rogers By consent, claim referred to City Manager and City Clerk. 12b. Communications from Mayor Mayor Hanks reminded Councilmembers interested in the National League of Cities conference to get their registrations in. 12c. Communications from Acting City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance, dated August 3, 1992 was approved and the City Manager and City Treasurer authorized to distribute checks in the appropriate amounts: Vendor claims: $641 ,920.83; payroll claims $43,007.93 13b. Contract payments 1 . Final : C. S. McCrossan: Storm sewer, grading, paving, curb/gutter and traffic signal : Wooddale/T.H. 7. Amount: $56,650.02 By consent, adopt Resolution 92-123 approving final payment to C. S. McCrossan. 2. Partial : C. S. McCrossan: T.H. 7/Louisiana Ave. Amount: $329,856.00. 3. Partial : NewMech: Well No. 4 reconstruction. Amount: $24,922.29 4. Partial : C. S. McCrossan: Bridge construction/street reconstruction. Amount: $53,153.26 5. Partial : Richard Brothers Painting: Cleaning, repair of elevated water tower. Amount: $39,615.00. By consent, partial payments approved and payment authorized. 14. Adjournment The eeting1adjourned at 8:28 p.m. n w 6)( t) Ly Hanks, ayor •ecording ecreta y 98-