HomeMy WebLinkAbout1978/11/06 - ADMIN - Minutes - City Council - Regular1.
2.
3.
Call to Order
Invocation
Roll Call
MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 6, 1978
, A regular meeting of the City Council was
called to order by Mayor Stern at 7:31 p.m.
No invocation was given.
The following Councilmen were present at roll
call:
Ronald Backes Martha Elstrom
John Ralles Lyle Hanks
Keith Meland Jerrold Martin
Irving Stern
Also present were the City Manager, City Attorney, Director of Planning
and Director of Public Works.
4. Approval
of Minutes
,
It was moved by Councilman Martin, seconded by
Councilman Backes, to approve the minutes of the
City Council meetings held September 27;
October 10, 23 and 24, 1978, amended as follows:
rlinutes of September 27, 1978, West Suburban Chamber of Commerce, "The
motion passed 5-2 (Councilmen Meland and Hanks opposed)."
Atinutes of October 23, 1978, Item lOf, final paragraph, "The motion
passed 5-2 (Councilmen Martin and Meland opposed)." �
The motion passed by a majority vote;
abstained.
5. Approval
of Agenda
The motion passed 7-0.
Councilmen absent from meetings
It was moved by Councilman Hanks, seconded by
Councilman Elstirom, to approve the consent agenda
for November 6, 1978, with the removal of Item 10e.
seconded by Councilman E1sCrom, to
It was moved by Councilman Meland, Wi�h the following additions:
approve the agenda for November 6, 1978� Item lli,
Item 7e, Communication from West Suburban Chamber of Commerce;
Litigation.
The motion passed 7-0.
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City Council minutes, November 6, 1978
6a. Community Development
pro ram; Resolution 6156
PUBLIC HEARINGS
Community Development Program amendment.
There being no one wishing to speak, the Mayor
declared the hearing closed.
It was moved by Councilman Martin, seconded by
Councilman Meland, to waive
reading and adopt Resolution No. 6156, entitled "Resolution authorizing
amendment to the Community Development Program."
The motion passed 7-0.
6b. Northway Addition;
Resolution No. 6157
�
Application of Northway and Miles for preliminary
and final plat approval of Northway Addition,
2619 and 2625 Burd Place, as described in Notice
of Hearing published Oc�tober 25, 1978.
There being no one wishing to speak, the Mayor declared the hearing closed.
It was moved by Councilman Meland, seconded by Councilman Backes, to waive
reading and adopt Resolution No. 6157, entitled "Resolution. giving approval
for final plat of Northway Addition."
The motion passed 7-0.
6c. Alley Vacation
Petition to vacate ur.improved alley between
Salem and Raleigh Avenues south of West 28
Street, as described in Notice of Hearing pub-
lished October 25, 1978.
There being no one wishing to speak, the Mayor declared the hearing closed.
It was moved by Councilman Elstrom, seconded by Councilman Meland, to waive
first reading of ordinance and set second reading for November 20, 1978.
The motion passed 7-0.
6d. Charter
Amendment
Amendment to Sections 2.0� and 2.09 of the St•
Louis Park Home Rule Charter, as described in
Notice of Hearing published November 1, 1978•
Barbara Aslakson, President of League of Women Voters, stated the League
opposes amending Section 2.04 of the Charter to allow City employees to
serve on the City Council while retaining employment 5tatvs, including
leave-of-absence. She ciCed three reasons for oppos ition: 1) the
Doctrine o€ Incompatibility which holds that an individual may not hold tao
offices, the duties of which conflict, or where in an established govern-
mental scheme, one office is subordinate to another or subject to its
supervision or control; 2) It is fn the best interest of city g�veznment
that full and complete councfl representation of the city as a whole and
the wards individually should be guaranteed to the highest degree p�ssi�te:
3) The addition of a retroactive clause--she saici no charter amenci��nE �'�
ever passed with such
a precedent.
a clause,
and the League oppoge4 the estahlishr.�`nt �f
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City Council mintues, Novemher 6, 1978
,y,, �slaksou further s�ated the League approved the
��:�tion 2.09, Int�rference with Administration, but doeseseefarnee�
t,,;forcem�nL and urges the Council to study various enforcement alterfor
natives.
Co�inci lrnail Backes asked if the League committee had completed its studies.
��S .,�� lakson explained the committee would operate as long as the Council
is cansidering the matter. ,
lt wac moved by Councilman Backes, seconded by Councilman Ra11es, to
continue public hearing on ordinance amending Section 2.04 of the City
Ch.jrter to January 15, 1979, and requested additional staff and legal
opinions and comparison with other cities having home rule charters.
The motion passed 6-0-1 (Councilman Martin abstained) .
It was moved by Councilman Hanks, seconded by Councilman Ralles, to con-
public hearing on ordinance amendment Section 2.09 of the City Charter
to January 15, i979.
Councilnian Martin requested an attorney's opinion defining "purpose of
inquiry" contained in Section 2.09 for review on January 15, 1979.
The motion passed 7-0.
6e. Council
Salaries
Ordinance es�ablishing salaries for Council
members,as described in Notice of Hearing pub-
lished November 1, 1978.
There being no one wishing to speak, the Mayor
declared the hearing closed.
It was moved by Counc ilman Hanks to reject the ordinznce. There was no
second to the motion.
It was moved by Councilman Martin, seconded by Councilman Ralles, to waive
First reading of ordinance and set second reading for November 20, 1978.
The motion passed 6-1 (Councilman Hanks opposed).
�a • Ciean Air
Cor�unit tee
PF.TTTIONS . REQITESTS AND COMNNNICATIONS
Presentation of Metropolitan Clean Air
Committee.
�rg Christenson, Metzopolitan C1ean Air
Con the 1977 C1ean Air Act amendments require that each
�nittee, explained
state revi its c lean air strat�gY to mee� a�].982 target of achi�nlmust
se lementati.on p
}��althy air nationwide. She added each state S imp�nc by .�ulY 1> 1979.
he ap�zoved by the U.S. Environmenta1 Protection �g- Y
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City Council minutes, November 6, 1978
he invtted the Council to designceeinnJanuarya
S ency confere
pd�lution Control AS a draft vehicle
clean air regulations including
to serve as the City's liaison at
official to atCend a
1979, to study proposed
inspection plan.
Mayor Stern stated he would
the conference.
be pleased
It was moved by
Councilman Hanks, seconded by Councilman Martin to appoint
Mayor Stern as the City's representative at the conference in January 1979.
The motion passed 7-0.
7b, Youth
Appreciation Week
7c.
7d.
7e.
The motion passed 7-0.
: :.
There being no objection,
filing.
: :.
Proclamation designating Youth Appreciation Week.
It was moved by Councilman flanks, seconded by
Councilman Elsttom, to approve the proclamation.
Notice of
Co lumb us
evenings.
Intent to Conduct Bingo; Knight� o�
at American Legion Post 282 Thursday
the Mayor ordered the notice to be received for
Notice of Intent to Conduct Bingo; Ameriean
Legion Post 282, Friday and Saturdays.
There being no objection, the Mayor ordered the
notice to be received for filing.
Chamber
of Conmiezce
Comme�nication from West Suburban Chamber of
Commerce.
Mary Jane Leiderman, representing the Chamber
of Coi�erce, reported on the three-city film scheduled to be completed
March 1, 1979. She said the film is designed for a broad general audience,
and its deaired effect vill be the consideration of the area for home�; f�s
thea�e vill be that the area contains all that is needed for happy lives.
She explained in order to avoid dating the film, elected officials will
not be mentioned by na�e, The Council members were presented an illus[ra-
tion of the three-city atea.
Mayor Stern noted that Councilman Elstrom, the City's
reviev and co�nreot upo,n the draft script and content
been contacted regarding the film as agreed upon �rhen
City particip�tion in the project.
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represencative tv
of the filen, has �vt
[he Counc il apPTo��
�
City Council minutes, November 6, 1978
Sa. Zoning Change;
Ordinance No. 1427
RESOLUTIONS AND ORDINANCES
5econd reading of ordinance changing zoning
from R-2 to R-3 at 2009-2021 Louisiana Avenue;
Adams Construction Company.
It was moved by Councilman Meland,
second reading and adopt Ordinance
the St. Louis Park Ordinance Code,
districts."
The motion passed 7-0.
8b. Revocation� of
Licenses; Ordinance
No. 1428
s ec ond ed
No. 1427,
changing
,
by Councilman Martin, to waive
entitled "An ordinance amending
the boundaries of zoning
Second reading of Ordinance Code amendment
relating to revocativn of licenses (deferred
from October 4 and 23, 1978).
It was moved by Councilman Meland, seconded by
Councilman Elstrom, to waive second reading and adopt Ordinance No. 1428,
entitled "An ordinance relating to suspension and revocation of business
licenses: Amend ing the St. Loui� Park Ordinance Code, Sections 13-105 and
13-115; repealing Section 13-116."
The City Attorney explained the revisions for second reading include the
addition of Section 13-105.102 which had been cl.erically omitted for first
reading; other revisions were grammatical and not substantive.
The motion passed 7-0.
8c. Inspection Fee; Second reading of O�rdinance Code amendment
Ordinance No. 1429 relating to inspection fees.
It was moved by Councilman riartin, seconded by
Councilman Meland, to reject the ordinance.
The motion f ailed 2-5 (Councilmen Meland and Martin in favor).
It was moved by Councilman Martin, seconded by Councilman Meland, to
set the inspection fee at $20, waive reading and adopt the ordinance.
The motion failed 2-5 (Councilmen Martin and �ielsnd in f��rcr� •
. secvn�ied b�� Council�s�an Hanks, to w�ive
It was moved by Counci�lman Ralles, en���led ,�An ordinance rela�in8 �O
reading and adopt Ordinance No. 1'�29 � and two-family �w��ling, units :
inspection and compliance of single family Sections ].5�310� �-�-3�-' �nd ��-315;
amending the St. Louis Park Ordinance Code, ec�Cion fee o� $75'
repealing Section 14-314," estab1ishin8 an insp
The motion passed 5-2 (Councilmen Meland
and �iartin oPPosed) .
M_
City Cauncil.
gd, Gamblin Ord-�n��30�
Ordinance No•
Councilman Elstrom,
ml.nutieA, Nnvc�mk��er 6, .197�3
Sc�cond r. e�tdin�b of Ot�i�.nance
�� Aamhling.
z�
ta reject
w,�s moved hy Counr_ilman
rhe orclinance.
John Dole, VFW; Bi11 Bloome�,
explained thar tlin nevenr�it�
earned from gamb g
V]�W; ancl Mr. McDevitt,
various� donation$, ��e
Councilman Marrin if�edhehurgedethe
organizations qual y,
Code amendment
relati�g
HAnka, seconded hy
3393 Bro�wnlow Ave�nue,
VFW depends upon money
perioci is one year and only nonprofit
Council to adopt the proposed ordinance.
onse to Councilman Hanke, the City Attorney explainede=mit
In resp Co p
authorizing cities, by the adoption of local ordinance,
types of gambling 1tmiCed to nonprofit organizations.
Councilman Hanks suggested the legislation anHedfelt°the
State passing responsibil�he Ci�yhahouldebe involved.
d b t did not feel
allowe u
legislation
three specific
instance of
activities
After further discussion, the motion to reject was withdrawn.
the
should be
It was inoved by Councilman Martin, seconded by Councilman Ralles, Co waive
reading and adopt Ordinance No. 1430, entitled "An ordinance relating to
gambling: Authorizing the operation of raffles PadkgOrdinanceeCodes Sections
licensed organizatiors; amending the St. Louis
12-901, 12-902, 12-903; adding Sections 13-1600 to 13-1607�" amended to
include a$25 single-event fee for each device or a$100 annual fee fot each
device.
Councilman Hanks wondered if small baseball groups, etc., conducCing
raffles would be required to apply for licenses in view of their low ptofits.
The motion passed 5-2 (Councilmen Hanks and Meland opposed).
8e. Ceram-Traz;
Resolution No. 6158
Resolution approving special permit for outdoor
storage at 6500 Oxford Street; Ceram-Traz
Corp. (authorized October 23, 1978).
It was moved by Councilman Martin, seconded by
Councilman Ralles, to waive reading and adopt Resolution No. 61�8. entitled
"A resolution granting permit under 5ection 14-171(6)(z) of the St. L�uis
Park Ordinance Code relating to zoning to permit an outdvor storage y�t�
for construction materials for property located in the I-1 Industrial
District at 6500 Oxford Street."
The motion passed 5-2 (Councilmen Hanks and Ra11es opposed).
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City Council minutes, November 6, 1978
Sf, Chamber of
Co� e'
Resolution No. 6159
Resolution
membership
Commerce,
��
Resolution
membership
finding public purpose for
in West Suburban Chamber of Commerce.
�
It was moved by Councilman Backes, seconded by
Councilman Elstrom, to waive reading and adopt
No. 6159,�entitled "Resolution declarin
of the City of St. Louis Park in the WestPSuburbanrChamber of
amended to omit the word "ostensible" in the sixCh paragraph.
The motion passed S-2 (Coun�ilmen Mela�d and Hanks opposed).
8g. Cable TV;
Resolution No. 6160
Cable television service territory,
It was moved by Councilman Hanks, seconded by
Councilman Ralles, to waive reading and adopt
Resolution No. 6160, entitled "A resolution denoting approval of a
proposed cable service territory within the boundaries of the municipal4.ties
of Bloomington, Ed ina, Richfield, Eden Prairie, St. Louis Park,�Hopkins
and Minnetonka."
The motion passed 7-0.
Sh. Knollwood Plaza;
-�� Reso lut ion No . 6161
Resolution amending Knollwood Plaza special
permit relating to landscaping (authorized
Octo ber 23, 1978),
It was moved by Councilman Backes, seconded by Councilman Martin, to waive
reading and adopt Resolution No. 6161, entitled "A resolution amending
Resolution 5983 granting permit under Section 14-124.102(2) of the -.
St. Louis Park Ordinance Code relative to zoning to permit expansion and� �
modification of the Knollwood Shopping Center for property located in the�
planned development district at the northwest corner of Highway 7 and
Texas Avenue."
It was moved by Councilman Meland, seconded by Councilman Hanks,.to amend
the resolution by the addition of Condition No. 14, "No loading or unloading
sha11 be permitted along West 36 Street." �
Councilmen Martin, Backes and Mayor Stern did not feel it licantriate to
amend an approved special permit in the absence of the app
The City Manager noted the proposed location of
inc.luded in the plans approved by the Council.
the loading dock was
the intent of the Council
Councilman Hanks suggested it was originally of trucks on West 36 Street.
that there would be no activity such as loading
� T r ex lained the Knollwood Review Committee requested
�,� he P1an�ing Direc.to P area during review of the landscape
±' Council reconsideration of the loading dock was included in the
plan. He added the present location of the Ioading ermit amendments
� er will request special p
approved plan. He said the develop the concern of the Council could be
relating to exterior signs and grading;
oading area could be modified�he tireenbattery
, communicated and perhaps the 1 dock would be to serve
He also noted, however, the loading
and automobile accessory area and not the entire center.
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City Council minutes, November 6, 1978
es onse to Councilman Meland, the City Attorney felt the City retains
In r P ecial permit, except in the case of some type
the authority to modify a SP reviously authorized by the Covncil,
vested right based upon conditions p
Councilman Meland,.seconded by Councilman Hanks, to defer
It was moved by and to notify the developer of the
the entire item to November 20, 1978,
Council's intent.
The motion failed 3-4 (Councilmen Meland, Hanks and Elstrom in favor).
The motion to amend the resolution to include Condition No. 14 failed 3-4
(Councilmen Meland, Hanks and Elstrom in favor)..
The main motion adopting the resolution passed 4-3 (Councilmen Meland,
Hanks and Elstrom opposed).
It was moved by�Councilman Hanks, seconded by Councilman Meland, that the
applicant be informed the special permit amendment was adopted by a 4-3
vote; the Council has concern relative to the loading dock and requests the
applicant's presence on November 20, 1978.
The motion passed 7-0.
8i. Securities;
Resolution No. 6162
Resolution approving securities for collateral.
It was moved by Councilman Martin,
. Councilman Backes, to waive reading
Resolution No. 6162, entitled "Resolution approving securities
collateral from Northwestern Bankwest, Hopkins, Minnesota."
The motion passed 7-0.
8j. Securities;
Resolution No. 6163
seconded by
and adopt
for
Resolution authorizing release of securities.
It was moved by Councilman Meland, seconded by
Councilman Elstrom, to waive reading and adopt
Resolution No. 6163, entitled "Resolution authorizing the release of
securities and approval of substituted securities of Park Natiional Bank of
St. Louis Park, Minnesota." _
The motion passed 7-0.
REPORTS OF OFFICERS BOARDS AND COMMITTEES
9a. Traffic Study 190;
Resolution No. 6164
Traffic Study No. 190; Wooddale/Uti�a Avenues.
It was moved by Councilman Nanks, secanded b}•
Councilman Elstrom, to waive resding and adop�
Resolution No, 6164, entitled "Resolution authorizing placement of signg
for traffic control on Utica Avenue."
The motion passed 7-Q,
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City Couneil minutes, November 6, 1978
9b, Westwood Hills Minutes of Westwood Hills Advisor
Committee �
meeting held October 24 Y Committee
, 1978.
There being no discussion the Ma or ordered.the
minutes to be received for f iling. ' Y
g�, St� reet City-wide street lighting report (M. & C. No.
Li htin 78-64).
It was moved by Councilman Els�rom to consider
the matter at a study sess ion November 18, 1978. There was no second to the
motion.
It was moved by Cvuncilman Meland, seconded by Councilman Hanks to consider
the matter during the annual Capital Improvement Program review.
The motion passed 7-0.
9d. Community
Relations Commission
Minutes of Community Relations Commission meeting
held October 12, 1978. �
There being no discussion, the Mayor ordered the
minutes to be received for filing. �
9e. Bid
Tabulation
Bid tabulation; renovation of Lenox school
building.
It was
Councilman Elstrom, to reject all
specifications and readver�ise for
The motion passed 7-0.
9f. Holiday Station;
Resolution No. 6165
moved by Councilman Backes, seconded by
b ids and authorize staff to redraft
bids.
Special permit request of. Holiday
Inc., to install addit�on�l pump
6011 �xcelsior Boulevard.
Station Stores,
island at
Councilman Hanks suggested the location of the proposed �sland could
interfere with traffic flow.
Jerry Jensen, Holiday 5tation SCores, explained that due to
it was not possible tio locate the island elsewherenedHatsthe
results in traffic congestion, it cou1d be rec�esxg
lanned Excelsior Boulevard improvement. He noted, however,
P
is from Alabam� Avenue.
space limitations,
if the locat�on
time of the,
the main ingress
otential upgra�i�� of Excelsior e°Siteard
The Planning Director noted therevent left turn movements into th
proposed a median which would p �he islands to be aligned Wial toerelocate.
He added the pref erence would be f�r and would cost a great de
cuts; however, the islands are existing
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City Council minutes, November 6, 1978
seconded by Councilman Elstrom, to
It was.moved by Councilman Hanks, entitled "A resolution
aive reading and adopt Resolution No. 6165, rantin ermit
W 48�7 adopted June 18, 1973, g g P
amending Resolution No.
under Sec
tion 14-150 (3) (e) of the Ordinance .�Oss D�.stricttat 6011r uel
station for property located in the B-1. Busine
Excelsior Boulevard."
The motion passed 7-0•
9g, 3297 Hillsboro Avenue;
Resolution No. 6166
Special permit request of Lowry Hill
Enterprises, Inc., to construct single-family
house in F-2 Flood Plain District at 3297
Hillsboro Avenue.
It was moved by Councilman Martin, seconded by Councilman Elstrom, to
waive reading and adopt Resolution No. 6166, entitledou SrParkuOrdinance
granting permit under Section 14�lcons�tr�uctioneofta single-family house
Code relating to zoning to permi
in the F-2 Flood Plain District within 200 fele-Famile Districtd�ta3297�
District for property located in the R-1 Sing Y
Hillsboro Avenue."
The motion passed 7-0.
9h. Highway 7/ �
Inglewood Avenue
There being no
filing.
9i. Planning
Commission
�
Study recommending.no existing public need for
property adjacent to Highway 7/Inglewood Avenue
other than 10-foot-wide slope easement (Case
No. 78-113-RE).
discussion, the Mayor ordered the report to be received for
Minutes of Planning Commission meetYng held
November l, 1978; minutes of Streets and Highways
Subcommittee meeting held October 18, 1978.
There being no discussion, the Mayor ordered the minutes to be received
for filing.
9j . Temporary
Traffic Signal
Excelsior Boulevard/Meadowbrook Road temporary
traffic signal; Aennepin County.
Nancy Dreher, counsel for S b
strongly supported the signal.
L Companies,
It was moved by Councilman Hanks, seconded by Councilman Elstrom, to
approve construction of a temporary signal installation as budgeted and
authorize execution of contract by City Manager and Mayor.
The motion passed 7-0.
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9k.
10a.
Inf i_ n;�
City Council minutes, November 6, 197g
Application for transfer of on-sale, Sunday-
sale intoxicating liquor license; Infinity.
It was moved by Councilman Martin, seconded by Councilman Ra11es, to
schedule public hearing f or D ecember 4, 1978. (See also Item lla,)
The motion passed 6-1 (Councilman Meland opposed).
Appointments
UNFINISHED BUSINESS
Appointments
commissions.
to City advisory boards and
Councilman Meland suggested that staff be authorized to consider
recommendations from the School administration relative to representation
on the Health Advisory Comrnittee replacing Pa.ul Baarson.
lOb. Requested
Retaining Wa11s
Retaining walls at 3408 and 3416 Rhode Island
Avenue (deferred from October 23, 1978). �
�
It was moved by Councilman Meland, seconded by
Councilman Hanks, to approve construction of retaining walls at 3408 and .
3416 Rhod� Island Avenue at City expense.
The motion failed 2-4-1 (Councilmen Hanks and Meland in favor; Councilman
Backes abstained). �
It was moved by Councilman Meland, seconded by Councilman Martin, to
approve construction of retaining walls at 3408 and 3416 Rhode Island
Avenue at City expense with the condition that the owners are responsible
for maintenance. .
The motion passed 6-1 (Councilman Elstrom opposed).
Councilman Hanks suggested it woul.d be appropriate to execute a contract
reflecting the Council's decision relative to maintenance and that the condi-
tion also be recorded with the deed.
lOc. City Hall
Garage
authorize
serviceg
Tabulation of bids; City Hall garage.
It wae moved by CouncilmaeCBaa�lgbidscanded by
.Councilman Meland, to rej
retention of Kilatofte Associates £or architectural design
. tbat ariy changes or modifications to the approved
Councilman Martin requested the cost of constructing the garage be
plan for the purpose of reducing
presented to the�Counc
il. He also stressed that the aii�itectural fee mus
be i�ncluded in the $300,000 estimated coeC of tihe fac Y
ted to Che
The City Manager explained
Council for approval., arid
The motion passed 7-0.
].ane will be px�9en
the� pre�-im�nax�' p aid the sCandard fee.
�he ax'chitect wiJ.1 be p
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Coxe Rui..ldin
10e.
minutea, November h, 1978
C�na�lltant select�.on;
architectural design
Wegewood Hills E���rnnmental Education Center
(M• & C• NO• %8--62) •
Che City Manager explained the
In r�Fp��n��' �o C�11nci1m�aheHanpTo�ima�ely 6 to 8 percent of the
at chi�ectural f ee wo�t1 P
P
ro�ect cost, whiGh would be a standard contract.
Council.mnn Mar[in suggested theo�iaYs��dy
felt the matter t� be a topic f
It was moved by Councilman Hanks,
authorize staff negotiations with
design services as described.
a sta�f
session.
$210,000
architect. Mayor Stern
seconded by Councilman Elstrom,
Smiley, G1oCter Associates for
;
to
architectuTal
Th� City Manager explained due to the time schedulcomSanffthe�Citybs
h liminary plans to ac p Y
authorized to proceed wit pre
application for grant funds.
The motion was withdrawn.
Councilman Meland
has confidence.
felt it was important to engage a firm in which staff
It was moved by Councilman Meland,
Smiley, Glotter Associates, Inc.,
authorize execution of contract by
The motion passed 7-0.
seconded by Councilman Hanks,to retain
for architectural design services and
the Mayor and City Manager.
It was moved by Councilman Backes, seconded by Councilman Elstrom, that
the total project budget shall not exceed $210,000.
The motion passed 5-2 (Councilman Hanks and Mayor Stern opposed).
Street Report on street construction: Oak Nill and
Construction East City Hall.
Councilman Hanks suggested that staff contact Apple Valley Concrete Go�pany
to verify statements concerning availability of concrete for the E�st C3ty
Hall project.
Mayor Stezn requested a complete
Novembet 20, 1978.
report on the rnatter for review
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City Council minutes, November 6, 1978 -
l�f, Srreet Light; Street light request; 4200 block of Brookside
Brookside Avenue Avenue (deferred from October 23, 1978). �
Councilman Hanks read a petition requesting a�
midblock light b etween West 41 and 42 Streets on Brookside Avenue and stated
the residents are in agreement to allow its installatian. He said although
the request does not meet all of the City's criteria, sufficient
extenuating circumstances exist to justify the light.
It was moved by Councilman Hanks, seconded by Councilman Backes, to install
a midblock light as requested at City expense. �
The motion passed 7-0.
lla . Li�,uor
License Renewal
NEW BUSINESS
Annual intoxicating on-, off- and Sunday-sale
liquor license renewals.
_. Philip E. 0'Brien, 3934 Ottawa Avenue, stated
he represented a group of concerned residents organized to monitor
conditions in the f irst and second precincts of the Second Ward. He
presented petitions containing approximately 800 signatures protesting
conditions on Excelsior Boulevard alleged to be milesaofyeach othernceHera-�
tion of eleven liquor establishments within 1.1
felt certain businesses on Excelsior BouleHernotedralthoughttheeCouncil
threaten the life and peace of the area.
responded to the parking problems, the area contains too great a concentra-
tion of liquor establishments and he reque�oe�hehProspectivecbuyertandnew
the Infinity liquor license. He referred 1� uor license fees.
suggested the Council consider increasing Q
was opposed to the renewal of the
Kelley Rea, 48 00 Vallacher Avenue, �easons: fighting in its parking lot
Infinity license for the following • � alleviated to
and private yards; noise late at night; illegal parking thefts
some extent by the parking prohibition on Nat�usingVobsceneilanguage;
individuals
at the PDQ; residents accosted bY its two to three weeks of
property damage, etc. He suggested during rospective owner
He asked that the P the need for
closure, the complaints have abated. ustify
approach the Council and explain his business and � �he present and
a license. He noted rebuttal has not beeas�fustification for license
prospective owners and, in his opinion, W �
� denial. d r an
Lewis Nauman, Kitchen Design
ordinance similar to that of
an establishment's b�usiness
asked the Council to �e��entage �f
Center, uires a P
Bloomington which req
to�be degignatied fOr food.
�973 which
he City adop�ed an ordi�ance i° �sCabllshment,
Counc•ilman Hanks expl.ained t ed and contained in any use�•
the exception af nonconfoxm�ng
requires that food service be devWith
which receives a liquar license, . �
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F' �
,:
r ; :;
City Council minutes,
November 6, 1978
seconded by Councilman Meland, to remove
It Was moved by Councilman Hanks, er Club, �n�•, dba Infinity and to �
from consideration Park Terrace Supp
e following liquor licenses fo.r 1979 as �Eatinriand Drinkinlca-
approve th � . Amal amated g g�
Al s Liquor Store, g Inc Eddie
t�ons for renewal: Bunny's Liquor, .,
Ambassador Hotel, Bernie's Delicatessen,
o riff, Jennings Red Coach Inn,
Webster's West, Foo Chu Cate,�The Hipp g Leanin Post, Lincoln Del
Jennings Liquors, King's Inn, Knollwood Liquors, g
Miracle Mile Liquor, Otten Realty, Park Tavern,
West, Liquor King, g irits of St. Louis, Tonka Liquor,
Reiss, Inc., Anchor Inn, Steak & Ale, p
Vant Hull's, Westwood Liquors, Frank Lundberg American Legion, Minneapolis
Golf Club, St. Louis Park VFW Club �nd Caf e Sabra.
The motion passed 6-0-1 (Councilman Ralles abstained).
Councilman Ralles explained it is the opinion of the
contained in State law and the City Charter that no
interest exists by his participation in on-sal.e and
matters. He said if an occasion should arise where
a conflict may exist, he would abstain from voting.
After further discussion, it was moved
Councilman Ra11es, to defer renewal of
December 4, 1978.
City Attorney and as
possible conflict of
Sunday-sale liquor
the Council considers
by Councilman M�artin, seconded by
the Infinity liquor license to
Mr. Rea explained he was asking for denial of
He felt the owners should have been present to
renewal, not a postponement.
speak to the issue.
Mayor Stern stated the owners would be present December 4, 1978, at which
time a public hearing will be held on the application for license transfer
(see Item 9k). He added as a responsible governmental body, the Council
must hear all views on the matter.
Phillip Picket, 3755 Ottawa Avenue, opposed license renewal for the
Inf inity .
In response to Mr. Pickett, the City Attorney reported the State Supreme
Court recently ruled in a closely related case that a hearing must be
held prior to denial of renewal or transfer of a liquor license. He
suggested the City could be subject to legal action if the Council did
not follow the procedure of public hearing.
The motion to d�fer passed 7-0.
It was moved by Councilman Meland, seconded by Councilman Hanks to set
public hearing on renes�al of Infinity liquor license for December 4� 1478•
The rnoCion passed 7-0.
llb. Health Community Health SeFvice Plan Teview and policy
Service Plan (deferred from September 18 and Oc�ober 4. 19���•
The Council agreed to defer the item for consideration at its s���dY
session/Capi[al Zmprovement Program review in Decembe� or Janc�ary•
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City Council minutes, November 6, 1978 �
�lc. Urban County; Community Development Urban Count
Resolution No. 6167 (M. & C. No. 78_63�. Y Participation
�
lld .
Ile.
It was moved by Councilman Meland, seconded by
Councilman Hanks, to waive reading and adopt Resolution No. 6167, entitled
"Resolution authoriz ing joint coop eration agreement with Hennepin County
to undertake essential community development and housing assistance
activities.
The motion passed 7-0.
It was moved by Councilman Backes, seconded by Councilman Hanks, to
appoint Leonard Thiel the City's representative to the Planning Area
Citizen Advisory Committee.
The motion passed 7-0.
It was moved by Councilman Iianks, seconded by Councilman Ralles, to set
public hearing for December 4, 1978, for initial input into the 1979
Comanunity DevelopmenC Plan.
The motion passed 7-0.
Health
Insurance
Health insuxance contribution (M. & C. No. 78-61)
It was moved by Councilman Meland, seconded by _
Councilman Backes, to increase the City's maxi-
mem monthly contribution for health insurance from $66.10 to $71.10 for
office, technical and maintenance employees not covered by bargaining
units; to increase the City's maximum monthly contribution for health
insurance from $111.43 to $116.60 for supervisory employees; the basis for
establishing City contribution to life insurance premiums will remain as
it currently exists.
The motion passed 6-0-1 (Councilman Martin abstained).
Incinerator
Sale of City incinerator.
It Was moved by Councilman Backes, seconded by
Councilman ETstrom, to refer the maCter to appropriate advisory commissions
for review of public purpose.
The motion passed 7-0•
�1f . Iiome Loan
Program
received
November
from Miller
20, 1978•
Home mortgage loan program (M. & C. No. 78-65)•
Mayor Stern stated a CO�esting�deferraleto
and Schroeder bond counsel req
It wae moved by Councilman Meland,
78
seconded by Councilman Martin, to defer
the item to November 20, 19 • invited
Councilman Elstrom wonder
ed if other bonding companies wou13 be
to bid on the proposal. ___
The motion passed 7-0. -441-
I
F�
��tiy Council
llg. P�
Tavern
minutes, November 6, 1978
Acquisition of Park Tavern, 7201 Minnetonka
Bo ulevard.
—� It was moved by Councilman Meland, seconded by '
Councilman Backes, to authorize staff negotiations to acquire the property
and rir. Weber would simultanevusly purcS�affBtocnotify �the Sma1lVBusiness
from the Housing Authority;
and direct
Administration of the City's intent to purchase the property.
In response to
would require
establishment.
Councilman Backes,
that the City would
Councilman Hanks wondered how the
that the Council has agreed it is
section improvement.
the City Manager explained that Mr. Weber
not lease the property to another liquor
City would utilize the property, in
not necessary for the proposed inter-
Councilman Meland noted although the City has revised its plans for the
intersection, it spent approximately five years indicating to Mr. Weber
and other residents that it had the intention of acquiring the property
for road purposes. He continued that the Council encouraged Mr. Weber
to relocate at Block 6, Oak Park Village, and the development of Oak Park
Village is sufficient public purpose. He f elt if the land is not needed,
it could be sold.
In response to Councilman Ralles, Mayor Stern explained
approximately 20 houses on Louisiana A�enue; he felt the
obligation to purchase the Park Tavern property.
The motion passed 7-0.
tihe City has acquired
Council has a moral
Mr. Weber expressed his desire to lease the property from the City until
the new property is operating; if the City leases the property to another
liquor business, he would expect to be compensated for the business.
Councilman Meland explained this would require the license procedure, etc.,
and may not be consistent with the Comprehensive Plan. He did nmt trnow if
the Council can delcare a restrictive covenant on property. He asked that
the City Attorney report on whether a council can restrict use of the land.
llh. Board
of Appeals
Board of
Meland).
Zoning Appeals (requested by Councilman
Councilman Meland reported although staff had
elicited commitments from members of the Board of Zoning Appeals� a
quorum was not present at its Oc[ober meeting. He said two members have
indicated they will be resigning, and he hoped the Council would solicit
applications and review existing applications from persons �aho would b�
interested in serving.
Mayor Stern requested the Board's attendance records for revfew on
November 20, 1978.
11i. Litigation
discuss pending litigat�oh.
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Litigation (requested by Councilman B��kee).
The Council adjournec3 to a closed secs��,n t��
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�
I2a.
pamage Claims
Ci ty Counc il
minutes, November (, 19�8
MISCELLANEOUS
1)
2)
3)
Suzanne DeMay, 3437 Quebec Avenue
Darcy Dehn, 2640 Idaho Avenue
Anita Kieffer, 5700 West Lake Street,
It was moved by Councilman Hanks,
claims with City Clerk for proper
The motion passed 7-0.
12b. Communications
from Mayor
12c. Communications
from City Manager
13a.
None.
1
seconded by Councilman Elstrom, t.o file
action by City Manager and City Attorney..
1) Continued employment - The City Manager
announced his intention of continuing the
employment of Leone Anderson during 1979.
2) Community Education - The.City Manager read a letter from Reva Gould
personally thanking each Council member for pa�rticipating in the Community �:.
Education fall workshop and for continued support.
3) Leaf Pickup Program - The City Manager presented a status report.
Councilman Hanks wondered if residents could be informed of schedule
changes via the Sun or public service announcements.
CLAIMS,�APPROPRIATIONS AND CONTRACT PAYMENTS
Verified Claims Upon motion of Councilman Meland, seconded by
Councilman Backes, the list of verified
cleims prepared :by the Director of Finance
and directed to the City Council dated November 6, 1978, in the total
amounts of $134,703.81 for vendors and $6,745.66 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-�.
13b. Contract Payments;
Resolution No. 6168
1� Final Payment, tennis
and Construction Co.,
court lighting Project
�nc. Amount: $1,255.
77-65, EleCtric Repair
It was moved by Councilman Meland, seconded by Councilman Backes, to
waive readin and ado t Resolutiion No. 6168, entitled "Resolution accepting
work on Westwood Junior�High School tennis court lighting, Improvement No.
77-65." ,
The motion passed 7-0.
It was moved by Councilman Hanks, seconded
and authorize th� following payment�: ,
,.44 3-
by CounciYman Elstrom;
to approve
--- va�``.. ,.
City Council minutes, November 6, 1978
a ent, street lighting, Projects 77-38A, 77-38C and
2) Partial p Ym I n c. Amount: $15,375.60.
� 77-63,Killmer Electric Company,
3j Partial payment, watermain and sanitary
78-23, 78-27, 78-29 and 78-30, Progressive
$36,246.51.
sewer, Projects 73-26, 73-27 t
Contractors, Inc. Amount: �
4� ment avin , curb and gutter, Projects 77-11A, 77-11B
Partial pay , P g $133, 014.,�
and 74-22 Part I, Hardrives, Inc. Amount:
5) Partial payment, paving, curb and gutter, Projects 78-01, 78-03,
78-33, 78-37 and 77-61, C. S. McCrossan, Inc. Amount: $70,237.80.
The motion passed 7-0.
It was moved by Councilman Hanks, seconded by Councilman Meland, to
withhold the following payment to Bury and Carlson until the conditions
of the contract are adhered to:
6) Partial payment, paving, curb and gutter, Projects 78-03, 76-34,
78-06, 76-08, 78-21, 78-34 and 78-36, Bury and Carlson, Inc.
Amount $84,046.17.
Councilman Backes asked if
paying the contractor.
the City could jeopardize its position by not
The City Manager explained the contract provides for specific payments
upon certification that the work has been completed.
The City Attorneystated he did not have sufficient facts to render an
opinion as to the risk involved by withholding payment. He felt prior to
withholding payment, the matter must be carefully considered.
The motion was withdrawn.
It was moved by Councilman Meland, seconded by Councilman Backes, to
approve and authorize�payment for No. 6 above.
The motion passed 6-1 (Mayor �tern opposed).
14. Adjournment
Attest:
Recording Secretary
On motivn by Councilman Meland, seconded by
Councilman Ralles, the meeting was adjourned at
17.(?�15 p . m.
�
_ �
"`.� � - �
Irvling M
Mayor
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. .."'_`�"'.""'�^""'^..r"�.^---`ww- --- -� - -- � -- .. _ -- � -- - .
Stern
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