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Home My WebLink About1978/11/20 - ADMIN - Minutes - City Council - Regular1. 2, 3. CaJ.l to Order Invocation Roll Call MINUTES CITY COUNCIL MEETING 5T. LOUIS PARK, MINNESOTA November 20, 1978 A regular meeting of the called to order by Mayor There was no invocation. The following roll call: City Council Stern at 7:40 was p.m. Councilmen were present at Ronald Backes Lyle Hanks Keith Meland Irving Martha Elstrom Jerrold Martin John Ralles Stern Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Apprpval of Mir�utes The motion passed 7-0. 5. Approval of Agenda The motion passed 7-0. It was moved by Councilman Baekes, seconded by Councilman Elstrom, to approve the minutes of the regular City Counc�.l meeting held November 6, 1978, as presented. � It was moved by Councilman Councilman Hanks, for Nove�ber 20, Item 9f . � Meland, seconded by to approve the consent agenda 1978, w�th the removal of I� was moved by Councilman Meland, seconded by Councilman Hanks, to approve the agenda for November 20, 1978, with the f ollowing addit�ions: 7a West 35 Street/Rh d I i • � Q e s.�and traffic control; 7b, East City Hall street con- struction; lOd, Litigation; lld, Highway 7/Wooddale traffic signal; lle,, 4015 Yosemite Avenue; and with the removal of llc �e ort o � p n City water. The motion passed 7-0, -452 r City Council minutes, November 6a. 1531 rielrose Avenue; Resolution No. 6169 PUBLIC HEARINGS 20, 1978 Application of Wolter Hood for variance in sideyard requirements at 1631 Melrose Avenue, as described in Notice of Hearing published November 1, 1978. There b eing no one wishing to sp eak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Hanks to waive reading and adopt Reso lution No. 6169, entitled "A resolution granting variance in sideyard setback from Section 14-128(5) of the Ordinance Code zelating to zoning to permit a sideyard of three feet in the R-1 Single Family District at 1631 Melrose Avenue." The motion passed 7-0. 6b. Improvement 78-44; West 16 Street published November 8 and 15, Improvement No. 78-44, paving, curb�, gutter, storm sewer, driveway aprons and street lighting; West 16 Street f.rom Vernon to 7.arthan Avenues, as described in Notice of Hearing 1978. � It was moved by Councilman Martin, seconded by Councilman Hanks, to continue the hearing to December 18, 1978. The motion passed 7-0. It was moved by Councilman Martin, seconded additional benefitted property owners of the 1978. The motion passed 7-0. 6c. Vacation of CandZestick Drive by Councilman Elstrom, to notify public hearing on December 18, Applfcation of Turners Crvssroad Development Corp. , et ��1, to vacate 1?ublic street: Cancileslick I)rive, :as descri_Ued in Notice of Hearing published November .l, 1978• There bein no one wishing to speak, Glie Mayor dec�ared tlie hearing closed. g seconded by Councilman MarCin, to waive� It was moved by Counczlman Hanks, ' ance vacating srreet and set second reading December 4, first reading of ordin 1978. The motion passed 7-0. -453- City Council minutes, NovEmber 20, J_978 PETITSONS 7a. St�_ Si�n Reques� UESTS AND COMMUNICATIONS Request for Rhode Island four-way Avenue. Jackie Fetterley, presented a petition requesting a four-way stop Rhode Island Avenue with West 35 Street. It was moved by Councilman Meland�, staff to undertake an appropriate month. The motion passed 7-0. stop sign at West 35 Street/ 3505 Rhode Island Avenue, sign at the intersection of seconded by Councilman Hanks, to direct traffic study for Council review in one Mayor Stern requested that staff notify Ms. Fetterley when the Council will review the matter. 7b. East City Hall Streets East City Hall street construction project. Peter Storino, 3049 Natchez Avenue, expressed concern.that due to the cold and snow, the streets in the project area would break in the spring; he demanded that the $2,700 change order not be paid to the contractor. Mayor Stern suggested that the contractor's guarantee be extended. The City Manager noted the Council authorized an amendment to the contract for the change order; therefore, it is not within the purview of the Council to withhold payment. Zn response to Councilman Hanks, the Public Works Director described the tests conducted on the streets to date and explained further study would be conducted in the spring to ensure stable conditions exist. 8a. Alley Vacation; Ordinance No. 1431 RESOLUTIONS AND ORDINANCES Second reading of ordinance vacating alley between Salem and Raleigh Avenues south of West 28 Street. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive second reading and adopt Ordinance No. 1431, entitled "An ordinance vacating public alley." The motion passed 7-0. 8b. Council Compensation; Ordinance No. 1432 Second reading of ordinance relating [o City Council compensation. It was moved by Couneilman Mar[in secetzded h�' Councilman Ralles, to waive second reading and adopt Ordin�nce�Nu• �4��• entitled An ordinance establishing salaries for Coimcil membeTs." The motion passed 6-1 (Counci�.man Hanks app�Q��, - .._ � -4 54- ✓r�� City Council 8c. Housin Inspection Program minutes, November 20, 1978 First reading of ordinance relating to multi- family housing inspection program. It was moved by Councilman Aiartin, seconded by Councilman Hanks, to waive f irst reading and set second reading of ordinance December 4, 1978. The mo�ion passed 7-0. gd, Code of Ethics; ' Resolution No. 6170 Resolution No. members." 6170, entitled Resolution adopting Code of Ethics. It was moved by Councilman Elstrom, seconded by Co uncilman Backes, to waive reading and adopt "Resolution adopting code of ethics for Council It was moved by Councilman Martin, seconded by Councilman Meland, to amend the fifth para.graph of the resolution indicating, "it is in the City's best interest to have a code of ethics .." Councilman has f o und accepted. Elstrom off ered an amendment to the motion to read, "rhe Council it approp riate to have a code of ethics .." The amendment was The motion to amend passed 7-0. The main motion passed 7-0. Mayor Stern requested that staff submit copies of the resolution to the original Mayor's Eth ics CommiCtee. 9a, Board o£ Zoning Appeals 9b. Human Rights Commiss ion 9c, Health Advisory _ �, Committee REPORTS OF OFFIC�RS, t30AKllS ANl) COMrtL7,"1`C�S. Minutes o� liuurcf vf 7.oni.n�; Appeals meeting held November. 2, 19��• There he:i.nK n m�.nutes to be �,{gcu�sic.,n, thc �`�'�yor ordered the rer_eived f�r. fi 1in�. Minutes of Iiumun Iti�ht5 Commi.ssion meeting held Novembez 18, 1978. � There bein� n� discussion, minutes to be rec�ived fox Minutes of Heasrh19d$�sory held October 2 � There being no discussion, minutes tio be r�Ceived for -�ss- the Mayor ordered the fili.ng, . Committee meeting the MaYor ordered the filing- .. ..�•�� City Council minutes, November 20, 197� 9d. Pla��- Commission 9e. Financia? Report - 9f. Community RelaCions Commission Minutes of Planning Commission meeting held November 15, 1978• There being no discussion� for fil�n ordered the minutes to be received g Monthly financial report: October, 1978. There being no discussion, thef ilinr.ordered the report to be r.eceived for $ Mi�nutes of Community Relations Commission meeting held November 9,.1978• Councilman Backes noted the Commission has requested that a member of the City Council Liquor Study Committee attend its December meeting. Councilman Meland stated he would attend. There being no further discussion, received for filing. • 9g . Town� s Edge Ford the Mayor ordered�the minutes to be Special permit request of Town's Edge Ford for outdoor storage at 3451 Highway 100. Councilmen Hanks and MarCin did not feel the Council should be concerned with security and police patrols for the proposed.storage area; they suggested the applicant must be prepared to provide private security, if necessary. William McGrann, counsel for the applicant, stated Town's Edge Ford has a similar storage lot in Hopkins and has not experienced diffi..culty or problems with respect to security. He said the applicant would negotiate its own security if it becomes necessary. Councilman Martin referred to a recent amendment to the Ordinance Code allowing "storage o� operable vehicles," and suggested the approving resolution include reference to the amendment as a condition. In response to Councilman Martin, Mr. McGrann stated the applicant's lease with the railroad is for f ive years, and the applicant would apprec iate a City permit .for five years. It was mo.ved by Councilman Meland, seconded by Councilman Martin, to authorize preparation of an approving resolution for adoption December 4> 1978, to include condi�ions permitting the storage of operable vehicles and expiring at the end of the fifth year. The motion passed 7-0. -456- � l � t 1' l.Ot1C1C � � - �r.c? l�,voc� j�;s� a �x ans ion mir��ites, NovLmbcr 2q� Iy�H Report on Knollwood Plaza special permit relatin tv loading dock, g Phillip Engel, General Crowth ])evelopment ��.rporation, and Richard Eide, Wards Company, explained that vhen designing the Wards Store at Knollwood Plaza, its operation and possible conflict with che resid ential neighborhood were taken into account; therefore, the majar r�c�iving docks Will be located at the southeast corner of the building and will handle 96 perc ent of the freight. The dock in question will accommodate cus[omer pickup of large catalog items, which wiil amount to 3 or 3.5 percent of the store's sales. 9i. lmpt-�vement J8-46; K�ay 12 Frontage Road Preliminary engineering report, Improvement No. 78-4b, South Aighway 12 frontage road/MN&S Railroad. The Director of Public Works summarized the staff repnrt re lating to Colorado Avenue and explained that to be eligible for State funding, the City must close the access to Highway 12 at Colorado Avenue and the Cooper Theatre. The City Manager explained the proposed West 16 Street extension will facilitaCe traffic f low in the area. He said he had not discussed the closure of Colorado Avenue w ith the operators of the Cooper Theatre. Councilman Hanks suggested the owners of the Cooper Theatre would oppose the plan and wonde red if an on-ramp could be maintained at the location. The City Manager explained the State would not fund such a plan. Councilmen Martin, Elstrom and Meland favored the plan as presented and felt the proposal presents additional .good alternatives for traffic circulation.. It was moved by Councilman Hanks, seconded by Councilman Ralles, to set public hearing on the improvement for December 18, 1978. The motion passed 7-0. 9j. Park Plaza; Resolution No. 6171 Resolution No. 6171, entitled Park Plaza." The motion passed 7-0. 9'K • Cemen t Shortage Councilman December 4, the cement Final plat af Park Plaza. It was moved by Councilman Meland, seconded by Cotincilman Elstrom, to waive reading and adopt "Resolution giving approval for final plat of Report on cement 1978)• shortage (reQuested November 6, I t was moved by Councilman Pteland�adoptiondobv Hanks to auttlorize preparation oF a iee°�GEnelaloto investigate ' requesting the Attorn 5 1978, officially , shortage. . The motion passed 7-0. -1+57- I� , � City Council 9L, Greenhouse; �Resolution No. 6172 minutes, November 20, 1978 Special permiC request oC Charles Nasby to construct greenhouse/oEFice building in Excelsior Boulevard Redevelopment District at 5300 Excelsior Boulevard. I� was moved by Councilman Martin, seconded by Counci].man Elstrom, to waive reading and adopt Resolu�ion No. 6172, entitled "A resolution granting permit under Seciton 14-124.101 of the St. Louis Park Ordinance Code relating to zonin� to permit construction of a greenhouse and conveplanned�Unitetail store to an office building for properCy located in the PUD, Development District, at 5300 Excelsior Boulevard." In response to has a private use the City's the resolutio Councflman Hanks, the planning Direc�or explained the parcel drive leading to the rear parking areaand�ConditionmNove�ic�fes property to gain access to the area, n clarifies that no easement is granted far this use. It was moved by Councilman Elstrom, seconded by Councilman Martin, to amend the resolution by addition of Condition No. 5 that there shall be no reimbursement by a public agency in connection w ith the Excelsior �Boulevard Redevelopment District for any value added to the property as a result of the greenhouse addition. The motion to amend passed 6-1 (Councilman Hanks opposed). The main motion passed 6-1 (Councilman Hanks opposed). 9m. Nine-Story Office Building; Resolution No. 6173 Speci�al permit request of Klodt Companies to construct nine-story office building at 1355 Zarthan Avenue. It was moved by Councilman Martin, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6173, entitled "A resolution granting permit under Section 14-124 of the St. Louis Park Ordinance Code telating to zoning to permit a nine-story office building and drive-in banking facility for property located in the DDD, Diversified Development District, at 1355 Zarthan Avenue." The motion passed 7-0. 9n. �'our-Story Office Building;_Resolution No. 6174 Special permit request of Anderson-Cherne, Inc.. to construct four,story office building at �333 West 39 Street. � � Phillip 0'Brien, 3934 Ottawa Avenue, a civic group which is organized to review items having potential :effecte on the neighborhood and wondered if there is a need for a building. He did not want the area to become "downtown" St. Louis referred to dele�ezic�us four-story Park. Mayor Stern explained it is the hope of the Council and Housing Au[hority that the building wi11 upgrade the area and that it becomes Lhe doWnto�.•n of St . Louis Park, He noted the City's Comprehensive Plan designates the are� ��'r conmtercial use. He suggested Mr. 0'Brien may wish to become active in Lhe Excelsiot Boulevard Redevelopment Committee as an o ortuni[ Co bec�'"E` familiar wiCh the Comprehensive Plan and with the HRA Redeveloprnent D�a<<t`t' -45A- � 3 City Council minutes, November 20, 1978 CouncilmSTl.Nanks felt the Council must evaluate tl�e trafFic which m' geilerated �nto the West 38 Street neighborhood b lght be ment. Y future commercial develop- It was moved b_y Councilman Martin, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6174, entitled "A resolution granting permit tinder 5ecti.on 14-124.101 of the St. Louis Park Ordinance Code relatin to zoriin� to permit a four-story office building and drive-in banking facility for proPerty located in the PUD, Planned Unit Development District, at 5333 ' West 39 Street." Mr. Cherne stated he agreed to the conditions The motion passed 7-0. 10a. Appointments UNFINISHED BUSINESS contained in the resolution. Appointments to advisory boards and commissions. The Council was presenCed names of all board and commission members whose terms expire December 31, 1978; the Council reappointed all commission members desiring reappointment. Councilman Hanks noted that in the past, the Council discussed �he potential of limiting membex'ship on the Planning Commission; he felt if some members realized the Council's intent, they may not have requested reappointment. Mayor Stern stated the Council agreed it would limit membership wl�en members resigned or did not desire reappointment to th� 1'lanning Commission. Councilman Hanks requesCed that the Council repres�nrative explain the past action of the Council to the Planning Conunission. Councilman Martin requested tliat relating to commission membership attendance records and the Council resolution be presented December 4, 1978• It was moved by Councilman Backes, secondeci by Councilman Elstrom, to re- consider a11 reappointments. The motion passed 7-0. It was moved all action. by Councilman Hanks, The motion passed 7-0. It was moved by Counci�man appointments to December 4, Tlle motion passed 7-0. Backes, 19�s• seconded bY Councilman Llstrom, to rescind seconded by Councilman I�anks, to defer �459- � ��ty Council lOb. :?�'"P � �an Program; Resolution No. 6175 minutes, November 20,.1978 Home loan morCgage program November 6, 1978}. (def erred f rom Ernie Clark, Miller & Schroeder Municipals, Inc., and financial consultant to the City, explained the background of the State legislation authorizing six Minnesota communities to conducz moxtgage financing programs. He said the cities can lend their o to the bank or savings and names to bonds and allow the proceeds to g � loan institution of their choice, to be loaned.to modeuTchasenhomes.1nHe�e families who could not otherwisetebestncannbeCreducedPto approximately explained under the plan, the in 8 percent; the City determines mortgage limits and eligibility requirements. Mayor Stern explained th interest loans for young high interest rates. He He said the Council must discuss various options prime purpose of the program is to provide low- families who cannot afford to buy houses because of felt it would also help declining school eflrollment. first request enabling State legislation and can n the future. Councilman riartin wondered additional purchasing power 8 percent. if a 2-percent reduction in interest would provide and asked if the interest could be less than It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6175, entitled "Resolution requesting special legisla�ion authorizing a housing f inance program and providing for the issuance of tax-exempt home mortgage revenue bond." The motion passed 7-0. lOc. Street Lighting Contract Time extension of Oxford and Belt Line Boulevard street lighting contract; Killmer Eleetri.c. The Director of Public Works explained the project is near completion; the final payment has not been made. He said due to the electrician's strike, it is not the intent to collect liquidated damages. It was moved by Councilman Hanks to extend the completion date to November 29, 1978. Councilman Backes noted the Council is being requested to extend the terms of the contract for the length of the strike. The motion was withdrawn. It was moved by Councilman Meland, seconded by Councilman Backes, that the completion date of the contract be extended to September 29, 1978, from the original date of Ju1q 30, 1978, The motion passed S-2 (Councilman Hanks -460- and Mayor Stern opposed). i 10�, Litigation City Council minutes, November 20, 1978 Litigation (requested by Councilman Backes). Th e City Attorney stated the matter may involve litigaCfon; therefore, he recommended deferral to the end of the meetin for review in closed session. g lla. Ele� n Procedure llb. S�� Resolution No. 6176 NEW BUSINESS Election procedure modifications. There being no discussion, the Mayor ordered the report to be received for filing. Membership withdrawal; Suburban Health Nursing Service (requested by Councilman Meland). Councilman Meland summarized the report presented to the Council. It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6176, entitled "Resolution withdrawing membership in the Suburban Health Nursing Service." The motion passed 7-0. llc. Water Report lld. Highway 7/ Wooddale Avenue Report on St. Louis Park drinking water. This item was removed from consideration during approval of the agenda. Intersection signal, Highway 7/Wooddale Avenue (requested by Councilman Backes). It was moved by Councilman Backes, seconded by Councilman Hanks, to request a traf£ic study of the intersection signal due to problems encountered travelling north on Wooddale and attempting to turn west on Highway 7. The motion passed 7-0. lle. 4015 Yosemite Avenue Proposed development of 4015 Yosemite Avenue;, Mr. Bird (requested by Councilman Hanlcs). , Councilman Nanks requested,ot�entialfuseeoFethe past Council minutes w ith respect to the Legion Club � I va arkin ; he asked that staff also review the situation' cant property for p g with the property owner and Legion Club. the lot in October, 1978, he had some Mr. Bird stated that since purchasing lied He said he has app ion Club w ith little succehouse. He continued helots negotiations with the Leg • le_family �St trading �or a buildin ermit �o construct a sing. w o u l d r e� e r a r e z o n i n g t o Residential Business� a� ad n g�uld sugg with the Legion Club and construct a n o f f i c e b u �, I2a. 12b . Cit Council minutes, November 20, 1978 � Y re uested a report on the matter for December 4, Councilman Hanks q e�it until that time. suggested withholding a building p oted the Council has no legal authority to withhold Mayor Stern n permit. ermit at this Mr. Bird said he would request otiationslw�th the City and begin construction prlor to neg • Hanks asked staff to prepare a resolution of condemnation for Councilman possible adoption December 4, 1978• 1978. He the building time but would no� the Legion Club. Dama e Claims MISCELLANEOUS Julia Beauchaine, 3619 Bryant Avenue North Mark J. Feinberg, 5032 West 29 Street Gerhard and Jeannine Veith, 16 - 145th Avenue No. It was moved by.Councilman Meland, seconded by Councilman Hanks, to file claims with City Clerk for proper action by City Manager and City Attorney. The motion passed 7-0. Communications from Mayor None. 12c. Communications from City Manager , CLAIMS None. APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified In response to Councilman Backes, the Mayor Claims explained the ftousing Authority approved the $6,840 payment to the League of Minnesota Cities, but felt the Council would prefer a breakdown of the costs in that payment is made from tax increment. The Executive Director said the Authority expressed concern about the number of hours spent on the project. He added the tax increment funds are temporarily in the City's account and will be transferred to a separate account. Mayor Stern suggested the claims list could be adjusted to pay the funds to� the Housing Authority. It was moved by Councilman Meland, seconded by Councilman Ralles, that prior - to transferring money to the Authority, additional documentation should be requested frorn the League. The motion was withdrawn. -462- 13b• Att r`. City Council minutes, November 2p, 19�g t��n mation by Councilman Hanks, seconded b y Councilman Martin, the list of ��erified claims prepared by the Director of Finance and directed to Council, removing payment to the League of Minnesota Cities in the amhe City $6,840, dated November 20, 1978, in the total amounts of $7p8,032.01 font of vendors and $6,379.58 for payroll were a r �itv Clerk and City Treasurer were authorpzedVto�issuetchecksy Manager, amount by a vote of 7-0. in the same Gontract Payments Ad_journment. Be6erly Flanagati Recording Secretary None. On motion b y Councilman Meland, Cou il.man Backes, the meeting w at �0:3p p,m, , 1�y a vote of 6-0. Irv May � -463- �. tern seconded by as adj ourned