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HomeMy WebLinkAbout1978/10/04 - ADMIN - Minutes - City Council - Regular1. 2. 3. Ca11 to Order Invocation Roll Call MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 4, 1978 A regular meeting of the City Council was called to order by Mayor Stern at 7:30 p.m. No invocation was given. The following Councilmen were present at roll call: � , Ronald Backes John Ralles Keith Meland Irving Also present were the City Director of Public Works . 4. Approval of Minutes Ma�nager, City Attorney, Martha Elstrom Lyle Hanks Jerrold Martin Stern Director of Planning and � It was moved by Councilman Hanks, seconded by Councilman Martin, to approve the minutes of the regular City Council meeting held September 18, 1978, as presented. The motion passed 6-0-1 (Mayor Stern abstained). 5. Approval of Agenda 6a. The motion passed 7-0. seconded by Councilman Martin, Coun.cilman Meland, addition: lOc, October 4, 1978, with the following It was moved by Councilman Meland, to approve the Councilman Backes, aS presented. for October 4, 1978, seconded by consent agenda It was moved by the agenda f or Club request. The motion passed 7-0• Improvement 78-41 PUBLIC HEARINGS to approve Lion's sidewalk, north side Improvement No. 78-�Z� ital to Methodist Hosp tember Excelsior Bouluea�dontinued from Sep Brunswi�k Aven of 18, 1978). �:� �• t Co��ncil minutes, October �+� �97� �:� Y �n owner of 3993-3999 Dakota Avenue, reiterated ' representl g �978. He di� no� feel the s�.dewalk would ponald Hawlci�essed on September 18, he did not concerns exp , ns in �ha� tih�y have free bus transportation; benefit setl�.or citizE edestrian safety in that there were no area f�e1 x� was necessary for p pedestrian accidents in 1976 and 1978 and three in 1977; he said t e present • fe but questioned how safe the sidewal�ke �ucosteofu$.10�000 path Ls alleged unsa roxlmate pr J its proposed slope. He continued that the app •'' n of land and easements is excessive• valaand slopeoncHened �rior to acquisitio round remo about additional run off on the low lot due to g . it would recommend a waiver of the fenceinrdha�nthetproject did not feel the C y , reconstruction of a privacy fence which would be necessary ' removal of existing fence, trees and bushes which currently pro- would require the sidewalk could not be built vn the vide some privacy. He wondered why rowin on the south side of the street. He exhibited photographs of grass g g ent ath which he felt did not indicate frequent pedestrian traffic. pres p In response to Councilman Hanks, existing fence would be relocated one foot from the sidewalk. the Public Works Director at City expense and could explained be built the up to Mr. and Mrs. Christy, 3998 Dakota Avenue, distributed photographs of the path adjacent to their property and of the sidewalk located deredeif�at28sfootof the street at Brunswick and Colorado Avenues. They won asphalt walk could be placed directly at the curb line. There being no one further wishing closed. to speak, the Mayor declared the hearing It was moved by Councilman Hanks, seconded by Councilman Meland, item to October 23, 1978, for a staff report on the feasibility a temporary asphalt surface on the present path which would noC by the City. The motion passed 7-0. 6b. CATV; Resolution No. 6130 to defer the of constructing be maintained Proposed transfer of cable television franchise Jerrold Polinsky to Northern Cablevision, Inc., described in Notice of Hearing pub lished August and September.6, 1978. ; . �� as 30 James Erickson, representing Northern Cab levision, Inc., stated the firm is currently operating in Bloomington, Minnesota, and has the capability of pto- viding the same service to surrounding communities. He said Che firm agrees to the tc�rms of the proposed resolution granting the transfer. in re5p�nse ro Ca�inci.lman Meland, Jerrold Polinsky �tZt ed ('.ahle T1ed iz, Inc ., lias never becn involved in the franchise. Witl� respect to the pToposed pur- chase of one-half interest in the franchise by Marvin Engler, Mr. Polinsky explained that in another transaction he reacquired the interest and Mr. �ngler is aware of the proposed transfer to Northern Cablevision, Inc. � � l y f _.�. ' City Council minutes, October 4, 1978 I�� r�;�ponse to Councilman Meland, Mr. Erickson referred to the proposed resolution wtiich, if approved, transfers all documentation, rights, interests, �,t�,, to Northern Cablevision; he noted the last paragraph also terminates the e�isting moratorium on construction. In response to Councilman Hanks' concern relative to fees, Mr. Erickson re�erred to a letter dated September 20, 1978, from W.E. Shiller, Storer C�ble TV, Inc., listing eight types of coverage; he said items 1 through 6 are included in the monthly service charge. Items 7 and 8 are optional services at an additional charge and are outside the franchise and not under the regulation of the City. � William Shiller noted the basic franchise contains the condition that rates cannot be increased within three years. He explained construction will begin in one section of the City and should be completed within two years. Councilman Martin asked if the three-year rate increase could be calculated from the time of individual hookups. Mr. Erickson explained the franchise provides for one rate within the City; therefore, it would be most difficult to follow Councilman Martin's suggestion. He added that by assuming the franchise, Northern Cablevision must also abide by the $7.95 monthly user fee established by the Council. Councilman Hanks expressed affect future users fees. concern that the purchase fee could adversely In response to Councilman Meland, the City Attorney explained the Council is transferring the original franchise which was for a term of 15 years;� therefore, Northern Cablevision, Inc., will be assuming the franchise for something less than ten years. Jeff Marcus, Northern Cablevision, Inc., noted in accepting the terms and conditions of the franchise his firm accepts hisecanddPolinskyts�investment. He continued the purchase price for the fzanc are very nearly equal. He said the Council afs�heacitizensiaretserved byte increase requests; therefore, the ionseetoSCouncilman Martin, he explained a the wishes of the Council. In resp 2. million investment is not unreasonable in the ied�ouncil deniedearrate� $ S ested if th the Storer Company balance sheet and suggo become defunct. He further increase it would not cause the company ex lained the FCC has determined municipal or state governments cannot P regulate rates for optional serv3.ce channe s. had indicated studios, remote un3ts, etc., Councilman Meland noted Polinsky events. woulcl be provided to broadcast community had been conducted in other cochooltevents, Mr. Marcus explained a survey high s delermine who watches broadcasts of council meetings� small. dnse indicated a very oint, communit interviews, etc.. He said the resP , Y and f:rom tlie vicwer � stanclp number of people tune into theS� events, the Programs are not popular. He said if there is a desire to use t ese ab].e and there w311 be a studio in the City. chanzlels, they are avail ��lared tt�e hcaring 'I't�erc� bcing no ane closed , further wishiri� to speak, tl�� M`'�y°r � e� CiCy Council minutes, October �, 19�� ' to waive Councilm�n Backes, � seconded by rovi�t a It was moved by Councilman Mar�in, entii��ed "A resol.ution aP �973� grans- � Resolution No. 6130, ranted on Au��st 23, reading and adoP the execution of a h�n � in ownership of rhe CATV i�ranchise g authori�ing c g wittt conditions, +' amended with the ferred on August 18� 1975' holder of said franchise, release of Jerrold Polinsky, e derived from both base serviiseanaymentito conditions: 5) Revenu ercent franch P folloWing the 5-p shall commence 180 days after the franchisee channels shall be included inicelculating ,�o a�tach to their the City; and 6) Initlal serv utility companies e available City-Wide 2.5 years after that time. receives authorization �rOall�b necessary facilities, and service sh The motion passed 7-0. 7a. Charter Amendment Councilman to Sections PETITIONS. Bacices, to ser 2,p4 and 2.09 The motion passed 5-1-1 7b. Bus_ 1_ Women's Week 7c. REQUESTS AND COMr'NNNICATIONS Communication from St. Charter Commissi°n. Louis Park Home Rule It was moved by Councilman public hearing for November of the City Charter. (Councilman Hanks opposed; Meland, 6, 1978, seconded by on amendment Councilman Martin abstained). Proclamation designating National Business Women's Week. It was moved by Councilman Meland, seconded by Councilman Backes, to approve the proclamation. The motion passed 7-0. Women Voter's Week Proclamation designating League of Women Week. Voter's , It was moved by Councilman Meland, seconded by Councilman Backes, to approve the proclamation. The motion passed 7-0. 7d. Cedar Trails Traffic Problem Communication from tenants at Cedar Trails. A1 Trangle, 4412 Cedar Lake Road, explained the diff iculty experienced by St. Louis Park residents in gaining convenient access to Highway 12 due to Golden Valley's "do not enter from 7 to 9 a.m." signs on Natchez Avenue. He said Golden Valley will not move the signs but would welcome working with St. Louis P ark staff to arrange signs in the area allowing access onto Highway 12. Mayor Stern explained St. Louis Park is not in accord with restrictions. He requested a legal opinion whether Golden traffic. the Golden Valley Valley can restrict 7e. 1f . City Council minutes, October 4, 1978 �n response to Coui�cilman Hanks, Mr . Trangle stated t1�e legalitq of the sign� was challenged i�n municipal court and found consitutional. I t was moved matter. by Councilman Martin to request a City Attorney review of the ,�3y�,r Stern reques�ed a October 23, 1978; he also �or txaffic regulation in City Attorney recommendation for review on requested a staff report relating to alternatives the area by the City of St. Louis Park. Tanya 5laughter, 4642 Cedar Lake Road, presented a petition requesting "do not enter 7 to 9 a.m." signs at Natchez, Ottawa and Princeton Avenues in St . Louis Park. Mayor Stern stated the petition would be duplicated and distributed to the Council for consideration on October 23, 1978. Bin o Notice of Intent to Conduct Bingo; Holy Family School. There being no discussion, the Mayor ordered the notice to b e received f or filing. B in o notice to be received f or 8a. Shelard Vacation; Ordinance No. 1424 Notice of Intent to Conduct Bingo; Benilde. There b eing no discussion, the Mayor ordered the f iling . ' RES4LUTIONS AND ORDINANCES Second reading of ordinance vacating utility eas ements; Lot l, Block 1, Shelard Park. Councilman Elstrom, to waive It was moved by Councilman Meland, sec�1424 bentitled "An ordinance vacating second reading and adopt Ordinance No. � public utility easement." The motion passed 6-0-1 {Councilman Backes abstained). 8b. Expansion of Houses; Ordinance No. 1425 , cond reading o� Ordinance Code amendmentle-family Se sing ermitting expans�on of nonconforming P houses. ��,es, seconded by Council.man Elstrom, to waive It d b Councilman Ba enrl�led "An ordinance aionsing was move y 1425, b amending Sect second reading and adopt Ordinance No. to Zoning Y the St. Louis Park Ordinance Code relating 14-1.33 (6) , 14-128 (6) and 14-138 C�) • The motion passed 7-0• City Council minutes, October 4, 1978 g�, Lic�SE RevocaCion Councilman Meland, to defer review by the City ACtorney. The motion passed 7-0. 8d. 1978/1979 Bud ge t :- if anyone present w�shed funds for 1979• Second reading of Ordinance Code amendment relating to revoca�ion of licenses. � Councilman Hanks, seconded by It was moved by 1978� for additional second reading to October 23, First reading of ordinance adopting budget for 1979 and amending 1978 budget. Federal Revenue Sharin - Mayor Stern asked to speak on the proposed allocation of revenue-sharing There being nd one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Ma rtin, to waive first reading o:E the ordinance and set second reading for October 23, 1978, amended to increase the appropriation ior nursing services within the Un- allocated General Expense from $33,000 to $70,000 in 1978, and from $33,000 to $76,000 in 1979; to decrease cleaning and waste removal in the Tree Maintenance Budget from $188,500 to $168,500 in 1978, and $273,000 to $243,000 in 1979. The motion passed 7-0. It was moved by Councilman Hanks that the Council and Mayor salaries remain as they have been for 20 years. There was no second to the motion. The City Manager reported on random curb and gutter replacemertt and/or repair projects and prioritized the projects into three categories f or inclusion in the 1979 Capital Improvement Program. Tax Levy; Resolution No. 6131 Resolution approving 1978 tax 1evy, collectible in 1979. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6131, entitled "Resolution approving 1978 tax levy, collectible in 1979." The motion passed 7-0. 8f. Police Relief Assn. Resolution No. 6132 Resolution setting minimum tax levy for support of Police Relief Association. It was moved by Councilman Meland, Councilman Hanks, to waive reading and adopt Resolution 6132, "A resolution setting minimum tax levy for support of the St. Police Relief Association." The motion passed 6-0-1 (Councilman Martin ahst<�in�cl), seconded by entitled Louis Park City Council minutes, October 4, 1978 Fire R��ief Assn. � ��, �e��Jution No. 6133 Resolution setting minimum tax levy for support of' Fire Relief Assoeiation. It was moved by Councilman Meland, seconded by . � � g �o��t�c�lman Ra es, to waive readin and adopt Resolution No. 6133, entitled "A resolut ion set ting minirnum tax levy for support of the St. Louis Park Fire Relie� Association." The motion passed 7-0. Sh. �a;�e and Refuse; Resolution No. 6134 Councilman Meland, to waive "Resolution setting annual from dwellings and levying Resolution setting annual service charge for gar- bage and. ref use col]_ec tion . It was moved by Councilman Backes, seconded reading and adopt Resolution 6134, entitled service charge for collection of garbage and assessment of costs." The motion passed 6-0-1 {Mayor Stern abstained). 8i. Assessment for Services; Resolution No. 6135 Councilman Elstrom, "Resolution levy ing nuisznce abatement by refuse Resolution levying assessment for delinquent c�ater/sewer service charges, nuisance abatement and tree removal. It was moved by Councilman rleland, seconded by to waive reading and adopt Resolution No. 6135, entitled assessment f or delinquent water/sewer service charges, and tree removal." The motion passed 7- 0. 8j. State Aid System; Resolution No. 6136 8k. Councilman Niartin, to "Resolution requesting aid street system." The motion passed 7-0. Intersection �rovement; Resol�tion No. 6137 Resolution requesting maximum allotment for generai maintenance of state aid street system. It was moved waive reading and maximum allotment by Councilman Hanks, seconded by adopt Resolution No. 6136, entitled for general maintenance of state Resolution requesting permanent l�,�eadowbrook Road. improvement; Excelsior Boulevard/ It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive reading and adopt • e uestiilg Hennepin County to inbtaok Resolution No. 6137 entitled "Resolution r 9 and Meadow ro ' • elsior Boulevard (CSAH 3) Permanent intersection controls at Ehc Road in St . Louis Park. " The motion passed 7-0. Parks and Recreation minutes to . Housin Authority REPORTS OF OFF'ICERS MinuteS ot Parks and RecreaCion Advisory Comrnission meeting held September 13� 1978' � gp�XZDS AND COMMITTEES ThEre being no discussion, be received for filing. the Mayor ordered the Minutes of Housing and Redevelopment Authority meeting held September 18, 1978• There being no discussion, minutes to be received f or f iling. :. Planning Commission. There being no discussion, filing. d. Financial Report � e . Communi ty Relations Commission �f . Trail System/ Pedestrian Bridge the Mayvr ordered the Minutes of Planning Commission and Streets and Highways Subcommittee meetings held September 20, 1978. the Mayor ordered the minutes to be received for Monthly financial report; August 1978 • There being no discussion, the Mayor ordered the report to be received for filing. Minutes of Community Relations Commission meeting held September 14, 1978. There being no discussion, the Mayor ordered the minutes to be received f or f i ling . City-wide trail system review, Wooddale/Highway 7 pedestrian bridge (tabled August 2�1, 1978); M. & C. No. 78-57. It was moved by Councilman Backes, seconded by Gouncilman Meland, to remove the item from the table. The motion passed S-2 (Councilman Elstrom and Mayor Stern opposed). It was moved by Councilman Hanks, seconded by Councilman Backes, to reestablish the trail study committee to analyze the community's overall trail needs (including pedestrian bridges) in consideration of recent trends/developments and to prepare recommendations for the Citq Council. Z"he City Manager explained that by the end of the month, funding f or the pedestrian bridge may not be available, although the City could reapply at some tuture date. �he motion passed 7-0. Gity Council minutes, October 4, 1978 l �J J� tora e; 'r' r3^�-'Iraz � E —__----- Special permit request of Ceram-Traz, 6500 Oxford Street, to permit outdoor storage in the I=1 � District. � ��.le Sommers, Ceram-Traz Corporation, described his dealings over the past qp d�-�ys with the various departments at City Hall. He said in the past, the il��pe�tion and f ire departments required sprinklers to be installed which has �,��,,, cfone. He added that for 17 years drums have been stored on the loading dock, and on July 24, 1978, he applied for a permit to construct a fence rrith which to enclose the drums. He said on Septembex 20, 1978, the Planning Commission recommended denial.of the request, and since that time another manufacturer in the area has constructed a fence. He also explained that a business across the street has approximately 200 drums stored outdoors in an unsecured area. He said all red-labled hazardous materials will be contained inside the building and/or buried and a pumping system will be�installed. Tom Grisham, Worum Chemical Company, St. Paul, stated residuals remaining in the empty drums are an epoxy plastic resin and have a flash point of 480 degrees which is well in excess of paper and wood. He said by definition, none of the products stored wi11 be f lammab le. He added the Department of Transportation has no designation of the p roduct in that it is not considered hazardous, and it is not required to be labeled. He stated the residue does contain ether which has essentially zero vapor pressure; with respect to vapor inhallation, ether is not mentioned in OSHA regulations. � � The City Manager explained staff was not aware the fenced area would contain � only nonhazardous materials. Councilman Backes wondered why the applicant has applied for a special permi.t when similar uses exist without a permit. It was moved by Councilman Meland, se�onded by Councilman Hanks that the Council does not have suf f icient f inding of f act to deo�izenereparation of residual material is hazardous or nonhaz�rgndsrequested staff to report on a resolution approving the special permi the matter October 23, 1978; the applicant was requested to complete items 12 through 15 of the epecial permit application. In response to Councilmam Backes, the permits are required for a11 outside such as service etations. The motion paseed planning Director expl�iexcestionsl � storage with a f ew mino P 4-3 (Councilmen Martin, Sackes and Mayor Stern opposed). 9h. Traf f ic Study 185 ; Traffic Study No. 185; Powell Road. Resolution No. 6 138 � Councilman Martin, seconded by It wae mOVed bY to waive reading and adopt Councilman Elstrom, 18cement of signs for Re 138 entit�ed "Reeolution authprizing p solution No. 6 , traf�ic control on Powell Road." The motion passed 7-0• --. - =r _ -� 9i. Ilousin Inspection I'ee CiCy Council minu�es, October L+, 1.97� Unit inspeCr�on �ee; Certificate of Health,and Sa£ety Compliance. � Councilman Meland, to increase $15. Councilman Nanks suggested would be supporCed by user important to recognize its be justified. Councilman Martin felt for a greater sl�are oE requires a subsidy paid was moved by Councilman Martin, seconded by the dwellin� unit inspection fee from $10 to the original intent of fees; he said it is a cost to the taxpayer, the program was that valuable program but and he felt a$20 fee it it is would ttie person selling a housing unit should be responsible the inspection fee; he suggested the current rate by the long-term resident through a tax levy. Councilman Backes noted the $10 fee was establisWouldrberreasonable.eXHernoted with the program and after six years, a$25 f ee t nit in the future to a deficit would sti11 exist, but there would be oppor u y further increase the fees. Councilman Meland felt fees should be reviewed annually. The motion was withdrawn. Councilman Martin moved to increase the inspection fee to $20. seconded the motion amended to include review during 1980 budget Councilman ��artin did not accept the amendment. Councilman Hanks review. Councilman Ralles moved to increase the fee to $40. There was no second to the motion. It was moved by Councilman Backes, seconded by Councilman Elstrom, to increase the fee to $25. The motion failed 2-4-1 (Councilmen Backes and Elstrom in favor; Councilmen Ralles, Hanks, Meland and Martin opposed; Mayor Stern abstained). Councilman Ralles moved to increase the fee to $30. There was no second to the motion. It was moved by Councilman Hanks, seconded by Councilman Meland, to defer first reading of the ordinance to October 23, 1978. The motion to defer passed S-2 (Councilman Meland and Mayor Stern opposed). 9j. Traffic Study 184; Resolution No. 6139 Traffic Study No. 184; Gorham Avenue. It was moved by Councilman rieland, seconded b}° Councilman Elstrom to waive reading and adopt Resolution No. 6139, entitled "Resolution authorizing placement of signs for traffic control on Gorham Avenue." The motion passed 7-0. __ �......r "„w_'... . _ _ ...__..- -_,- -- .«.•1� ' ' 1 l: . � r`�� ` S_-- t`= Tl u,�; r� 1 r1 = City Council minutes, October 4, 1978 , Special permit request of Crosstown Marine/ Parkvan Properties, Inc., to allow outdoor display and sales at 6905 Wayzata Boulevard. g�3rry �'01�� p��'Sident, Crosstown Marine, Inc., exhibited renderings of the F.t-��,esed outdoor storage area which would be enclosed by a wrought iron fence• ►,� ���cplained there will be tight security, required landscaping and proper � 1 i�;ilting. He said a maximum of seven 30-foot, 25. 5-foot and 24-foot boats �.�il l be d isplayed. He listed nine other area businesses which have outdoor dl;play and sto rage. He said he was familiar with the conditions of the Ordinance Code relating to the request and would abide by them. �, Ma}�or Stern explained that if the Highway I2 corridor is upgraded in the future, Lhe City must retain the option to review any policy determiaation made at this time. It was moved by Councilman Ralles, seconded by Councilman Martin, to authorize preparation of approving resolution for adoption October 23, I978. The motion pass�d 6-1 (Councilman Meland opposed). 9L, {�'hite Castle; Resolution No. 6140 9m. Special permit request of White Castle, Inc., to p ermit Class IV Restaurant at Blake Road/Highway 7. It was moved by Councilman Meland, seconded by Councilman Hanks, to deny the request on the basis that the proposed development and surrounding development are inconsistent with land-use standards and guidelines established for the Knollwood/Target and Highway 7/Blake Road area. After discussion, the motion failed 1-6 (Councilman Meland in favor). It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and grant a reso lution permitting parking in St. Louis Park. It was moved Council has detrimental by Councilman Martin to amend the motion to include that the determined f ive parking spaces within the area will not be to the City. Mayor Stern requested that the motions be withdrawn. � Councilman Martin, to waive It was moved by Councilman Backes, seconded by entitled "Resou�h�Testgcarnergof�thet reading and adopt Resol.ution No. 6140ocated at the so for off-street parking for property intersection of Highway 7 and Blake Road." The motion assed 5-2 (Councilmen Elstrom and Meland opposed). P Traffic Study No. 186; Oak Park Village Drive. Traffic Study 186; seconded by REsolution No. 6141 It Was moved by Councilman Elstrom, and adopt to w�ive reading Councilman Meland, lacement of signs for Resolution No. 6141, entitled "Resolution authorizin� P traffic control on Oak Park Village DriVe.'� "The motion passed 7-0 a f 10a. ADpointmenCs City Council minutes, October 4, 1978 UNFINISHED BUSINESS Appointments commissions. to City advisory boards and � It was moved by Councilman Backes, seconded by Councilman Ralles, to reappoint Marcey Edgar, C.P. Halligan and Ga1e He1d to full terms on the oint Robert Krishef to an unexpired Community Relations Commission; to app to a oint James H de term as the Birchwood representative on the Commission; PP Y to a full term as an at-large representati�e on the Commission. The motion passed 7-0. lOb. 34XX Rhode Island Avenue Oak Hill paving project; 3408 and 3416 Rhode Island Avenue (requested by Councilman Mel.and). It was moved by Councilman Meland, Councilman Backes, that because of a change in the grade due to struction, the City wi11 construct retaining walls at 3408 and Island Avenue. seconded by street con- 3416 Rhode The City Manager suggested sodding would be adequate for the property and recommended if the property owners desire retaining walls, they be assessed the cost of the�improvement. He noted the installation of sod would amount to $230; the cost of a retaining wall would be approximately $1,000. The Director of Public Works explained although a 3-1 slope is generally the policy for installing sod, the subject properties would contain slopes of 5-1 and 10-1. He said the City has attempted to avoid construction of re- taining walls due to long-term maintenance problems. � Councilman Hanks wondered if the City would be responsible for wa11 maintenance and if the 20-year permanent street guarantee would include retaining walls. The Director of Public Works explained the City is usually re� �nsible for maintenance in situations where an entire wall collapses. But he added the resident is usually responsible for repair in situations where, over a period of time, portions of the wall become loose. Councilman Hanks requested a staff report on possible guidelines relating to the installation of sod or the construction of retaining walls. He also felt citizens should be made aware of their responsibility for wall maintenance. It was moved by Councilman Meland to amend the motion to indic:ate homeowner responsibility for wa11 maintenance with the exception of construction deficiencies. There was no second to the motion. It was moved by Councilman Hanks, seconded by Councilman Martin, to defer the item to October 23, 1978. The motion to defer passed 7-0. Councilman Hanks suggested it would be appropriate for the Council to inspect the subject properties and other retaining wa11s within the City prior to setting policy. Mayor Stern suggested the Council should also address the question of subsidie�: he felt if a project benefits the property, the homeowner should b� �ssesyc.l• . �% '-.-'-c-! �1C11S Glub ; c� � �w�ard Ni h[ � , City Council minutes, Ockober 4, 1978 Lions Club Awards Night (requested by Councilman Meland). Mayor Stern relinquished the chair. � rt was moved by Councilman Meland, seconded by Mayor Stern, to select AndreW Droen as the recipient of the City's Outstanding Citizen Award presented in con�unction with the Lions Club Award dinner on October � � � lla. l lb . The motion passed 7-0. tiayor Stern assumed the chair. Bid Tabulation NEW BUSINESS Bid tabulation; timber wa11. , �3 to be 28, I978. It was moved by Councilman Meland, seconded Councilman Backes, to designate American Recreation, Inc., lowest responsible b'idder and authorize execution of contract in the amount of The motion passed 7-0. Bid Tabulation L�J $15,478. Bid tabulation; Municipal Service Center radient heating systern. It was moved by Councilman Meland, seconded by Councilman Backes, to designate Galaxy Mechanical Contractors lowest responsible bidder and authorize execution of contract in the amount of $22,375. The motion passed 7-0. llc. Surety Bond Corporate surety bond. It was moved by Councilman Meland, seconded by Councilman Backes, to approve the corporate surety bond for the City Manager in the amount of $10, 000. The motion passed 7-0. lld. Church S� Request the proposed sign, the hardship in the use of � as proposed would not Tt was � Timothy des3,gn Timothy Lutheran Church sign request (requested � by Councilman Meland). Councilman Meland Church must apply for the land which is not require the removal of explained that in order.to erect a variance and demonstrate a apparent, but locating the sign a tree. moved by Councilman Meland, seconded by Lutheran Church to erect its propoaed presented to the City Council. The motion passed 7-0. Counc�lman Backes, to authorize sign consistent with plan and . . _ . .. :;r - �= i� Council minutes, October 4, 1978 C y Community Developmenr ProSram amendment. lle. Communit. ram D� opmene Prog r� Was moved by Councilman Backes, seconded b� to set public hearings for Councilman Elstrom, . �S fourth-year d ent to the Clty October 23 and November 6, 1978, on amen m Community Development Program. The motion passed 7-0• 11f • Health Service Plan llg. The motion passed 7-0. Chan e Order Councilman Hanks, Carlson, Inc., in $558,633.09. Community Health Service Plan review and policy. It was moved by Councilman Meland, seconded by Councilman Elstrom, to def er the item to November 6, 1978• Change order; drainage. It was moved to approve Change Order the amount of $11,432, The motion passed 7-0. llh. Audit; Resolution No. 6142 Selection of December 31, West 27 Street/Dakota Avenue by Councilman Elstrom, seconded No. l, Contract No. 1261, Bury for a total contract to date of City auditor for 1978. year ending by and � In response to Mayor Stern, the City Manager explained the criteria applied in contacting firms for submission of proposals. Mayor Stern suggested several major f irms were not contacted. It was moved by Councilman Meland, seconded by Councilman Hanks, to appoint the George M. Hansen Company to audit the City of St. Louis Park for year ending December 31, 1978. Mayor Stern stated that although the George M. Hal�sen Company is an exeellent firm and employed by the City since 1955, a fresh approach is healthy for all institutions. Councilman Martin noted all firms employ the same metho�s in conducting audits; therefore, it would be appropriate for the Council to analyze and appoint the lo�est responsible bidder. Councilman Meland reported all auditing firms work within parameters of pro- fessional standards established by the profession and State law, and it �s considered a sound practice to not have personnel eonduct audits of the same client in succeeding years. Luke Botica, Peat, N[arwick, Mitchell and Company, :�tated his firm Woutd require aPproximai-ely four week� to completc ti�c� ,��id i t, lir ridde�cl l 1,c' ���'� � c�f tl�e �t�uliL would t��t exce��cl $8,500 with esllm��teJ �,x����n���5 0l. $�t10• �.��._.._._ __ � _ __. _. . � � � � r� 12a. - --. . .-- ---- ---------..,..�. City Council minutes, October 4, 1978 ,��,��v�d by Councilman Backes, seconded by Councilman Elstrom to waive 1 t �.�= and adopt Resol.utior� No. 6142 entitled "Resolution providing f�or the re,3�3 i�& , � ery��lo�.menG of Peat, Marw�ck, Mitchell and Contpany to audit the accounts and �ords of C.he Gity for the 1978 fiscal year re� �1e motion passed 4-3 �a�.e Webster's (Councilmen Martin, Meland and Hanks opposed). no longer in operat ion. Dama�e Claims 12b. Communicat ions from Mayor noted the second and stressed this on the matter. Review of Ordinance Code relating to public dance hall (requested by Webster's West, Inc.). Counc ilman Ralles reported rhat Webster's West is MISCELLANEOUS None. , 1) "Your Attention Please" - Mayor Stern referred to a circular inviting citizens to attend a meeting on October 5, 1978, opposing the operation of certain businesses on Excelsior Boulevard. He paragraph infers that the City Council has like sentiments is incorrect in that the Council has not expressed an opinion � It was moved by Councilman Hanks that the Mayor contact the parties responsible , �or the noCice and express the Council's concern relating to paragraph 2. There was no second to the motion. '� It was moved by Councilman Hanks, seconded by Councilman Elstrom, that staff communicate the Council's concern to the responsible parties. �2c. The moCion passed 7-0. 2) C1lerne Proposal - Mayor Stern informed the Council it may be necessary to schedule a s ecial meeting prior to Oct�ber 12, 1978, relative to Mr. Cherne's P proposal for the Excelsior Boulevard Development Project. 3) Absence from City - Mayor d ir nu g the week of October 16, Hungary. Con�municati.ons �Xom City Manager SL-�rn announced he wo«ld 1978, rePresenCins tl�e bc out of the Ci�y Sta�e neparCment in 1 Wadin Pool - The City Mana�er aan°rheewadingCa � --�' rime c�ntractor will be servin� as P . �1_ ro�eCr; Vrof.essi�n�l- 1'o�.ls, Inc., w�.11 serve po P as sul�con�racr�r. Yt was moved hy Councilman Nanks, geconded d�signati�n of Arteca as prime contractoz Th� mc,t 9.on past�ed 7-0 • ��y Council-m111 f.oz the wadin� Meland, to aPProve pool projecC. the Ci�y Council minutes, October 4, 1978 Manager presented 2) 1979 LAWCON Grants - The City en space City's application for various park and op City. , It was staff Hills City's a sta�us report an the projects throughout�the , seconded by Councilman Elstrom, to authorize moved by Councilman Meland, . to pr�ceed �oith selection of architect for the design of the Westwood Environmental Education Center core facility to be included with the final application for funding. Councilman Martin agreed the City should apply for funding; he did not concur with the design of the facility and felt a small shelter would be appropriate. The motion passed 4-3 CLAIriS (Councilmen Hanks, Martin and Ralles opposed). APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified Upon motion by Councilman Meland, seconded by Claims Councilman Martin, the list of verified claims prepared by the Director�of Finance and directed to the City Council dated October 4, 1978, in the total amounts of $317,700.22 for vendors and $10,917.13 for payroll were � approved, and the City Manager, City Clerk and City Treasurer were authorized to issue checks in the same amount by a vote of 7-0. 13b. Contract Payments; Resolution No. 6143 � The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6143, entitled "Resolution accepting work on paving, curb and gutter, Improvement Nos. 77-02, 77-08A and 76-25," on the following f inal payment. 1. Final payment, paving, curb and gutter, Projects 77-02, 77-08A and 76-25, Bury and Carlson, Inc. Amount: $8,240.24. It was moved by Councilman Meland, seconded by Councilman Elstrom, to approve and authorize the following partial payments: 2. Partial paym,ent, paving, curb and gutter, Projects 78-01, 78-03, 78-33, 78-37 and 77-61, C. S. McCrossan, Inc. Amount: $54,555.79. 3. Partial payment, paving, curb and gutter, Projects 77-11A, 7-11$ and 74-22, Part I, Hardrives, Inc. Amount: $48,587.99. 4. Partial payment, watermain and sanitary sewer, Projects 73-26, 73-27. 78-23, 78-27, 78-29 and 78-30, Progressive Contractors, Inc. Amount: $30,077.06. 5. Partial payment, paving, curb and gutter, Projects 78-02, 76-34, 78-06, 78-21, 78-36 and 78-34, gury and Carlson, Inc. Amount: $32,932•8R• - ....------------ - ----, - � ,{{.�.'� - _ _ _� _. _�..._...____ . � �..._.____ __ _. _._.,_ _ . . ,.._ City Council minutes, Oetober 4, 19�g , A� ' � �� r n!��� ,. i �Gte,�t: � 6everly r lan�g�il �ecording �ecr�tary ��. On taotion by Counciiman Meland, seconded by Co�cil.man Ralles, the meetic�g was adjourned at 11t15 p.�, by a vote of 7-0. , ' � . `� ' �,� _ " y� Irv�ng %'iaj�Or Stern.