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Home My WebLink About1978/05/01 - ADMIN - Minutes - City Council - Regularla 2. 3. MINUTES CiTY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA r4ay 1, 19 7 s Call to Order Invocation Retirement Presentation Fire Department; Gerald the Fire Department. Roll Call ._ . _ .__ _�.� A regular meeting of the City Council was called to order by Mayor Stern at 7:36 p.m. No invocation was given. Mayor Stern presented certificates on behalf of the Council and citizens to Raymond Racette, retiring after over 20 years of service with the Police Department; Donald Glassing, retiring after 30 years of service with the Hines, retiring after 25 years of service with The following Councilmen were present at roll call: Ronald Backes Martha Elstrom Rose-Mary Griak Keith Meland Jerrold Martin Irving Stern Also present were the City Manager, City Public Works Director and City Assessor. 4. Approval of Minutes to read: "It was moved . . . ,� The motion passed 6-0. Attorney, Planning Director, It was moved by Councilman Griak, seconded by Councilman riartin, to approve the minutes of the regular City Council meeting hPada ra h 3, April 3, 197$, amending Page 130, g P . by Councilman Elstrom, seconded by Councilman Griak, It was moved by Councilman Meland, seconded by Councilman Griak, to rove the minutes of the regular City Council mee�heg otionAwasl 17, app Paragraph 4, to read that 1978, amending Page 140, roval of Item 6c for con- to defer app seconded by Councilman Elstrom; �ounsel for the Ambassador). sideration during Stem 7a (requested by The motion passed 6-0• It was moved by Councilman Grecial approve the minutes of the SP held April 18, 1978, as Presented. seconded by Councilman Martin, to Housing AuthoriCy/City Council meeting The motion passed 5-0-� (�ouncilman Bacices -159- abstained)- � � r G . City Council minutes, May 1, 1978 IG was moved by Councilman Meland, approve the minuCes of the special April 24, 1978, as presented. The motion passed 5-0-1 (Councilman S• A� r� ova 1 of �lgenda The motion passed 6-0. seconded by Councilman Martin, to City Council meering held Griak abstained). It was moved by Councilman Griak, seconded by Councilman Meland, to approve the consent agenda for May 1, 1978, as presented. It was moved by Councilman Griak, seconded by approve the agenda for May 1, 1978, with the 7a, Item 6c of April 17, 1978, minutes; lle, Energy Management Program. The motion passed 6-0. 6a. Improvement 74-22; Resolution No. 5995 PUBLIC HEARINGS Councilman Meland, to following additions: Comprehensive Community Assessment, Improvement No. 74-22, storm sewer, Highway 12/Cedar Lake Road/Vernon Avenue, as described in Notice of Hearing published April 21, 1978. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Griak, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 5995, entitled "Resolution adopting assessment, Improvement No. 74-22." The motion passed 6-0. 6b. Improvement 78-01; Resolution No. 5996 Improvement No. 78-01, paving, curb and gutter, Oak Hill, as described in Notice of Hearing published April 19 and 26, 1978. Charles Hynes, 3517 Pennsylvania Avenue, stated he attended a long-range planning session where it was proposed that Pennsylvania Avenue north of Walker Street be desigttated part of the park on.the west side of Pennsylvani� Avenue; he wondered why the street is now proposed to be improved. The Planning Director explained that several alternatives were studied in the past with respect to closing Pennsylvania Avenue, not connecting West 35 Street and Quebec Avenue, etc., however, houses exist on the east side of Pennsylvania Avenue south of West 35 Street which rely on the street for access and it was decided to allow these houses to continue to be located there. -160- � 6 �L � City Council minutes, May 1, 1978 In response to A.C. Guzzi, 3501 Rhode Island Avenue, Councilman Meland explained the existing curb on the 3500 block of Rhode Island Avenue is not being replaced. The City Assessor explained the City's assessment policy. There being no one further 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. 5996, entitled "Resolution ordering improvement, ordering preparation of plans and authorizing advertisement for bids, Improvement No. 78-01"; the single-family houses located on Sumter, Quebec, Rhode Island and Pennsylvania Avenues in zones other R-1 or R-2 sha11 be assessed the existing city policy for single-family zones. The motion passed 6-0. Councilman Meland referred to a letter from Park Properties dated May 1, 1978, requesting that Pennsylvania Avenue from Hi.ghway 7 north to Walker Street be paved with a nine-ton all weather industrial surface. He asked staff to review the request and report to the Council at its May 15 mee�ing. 6c. Improvement 78-21; Resolution 5997 Improvement No. 78-21, paving, curb, gutter and sidewalk repair, Alabama Avenue from Minnetonka Boulevard to West 29 Street, as described in Notice of Hearing published April 19 and 26, 1978. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Griak, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 5997, entitled "Resolution ordering improvement, ordering preparation of plans and authorizing advertisement for bids, Improvement No. 78-21•" The motion passed 6-0. 6d. Improvement 78-03; Resolution No. 5998 Improvement No. 78-03, alley paving, West 27 to 28 Street between Webster and Xenwood Avenues, as described in Notice of Hearing published April 19 and 26, 1978. Dave Shaffer, 2701 Xenwood Avenue, to allow an attempt to acquire 51 a petition opposing the project. requested the Council delay the project percent of the property owners to sign Councilman Griak noted the residents who initiated the petition have not moved. Councilman �lstrom stated there was no negative rcaction to Ctie project at the neighborhood meeting. -161- thai ;� . � � City Council minutes, A1ay 1, 1978 Donald Lerner, alley paved for in f avor of the There being no hearing closed. 2744 Webster Avenue, stated he had attempted to have ten years; the majoriCy of the long-time residents project. one further wishing to speak, the Mayor declared the the are It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 5998, entitled "Resolution ordering improvement, ordering preparation of plans and authorizing advertisement for bids, Tmprovement No. 78-03." The motion passed 6-0. 6e. Improvement 78-24; Resolution No. 5999 Improvement No. 78-24, reconstruction of sanitary sewer lift station, Natchez/Highway as described in Notice of Hearing published April 21 and 26, 1978. Ruth Arneson, owner of the industrial building at 4601 Highway 7, asked if the lift station reconstruction is due to wear and damage or the proposed Mn/DOT improvement of Highway 7. She also wondered if a standby diesel pump would be installed for use during power outages. She said power outages during electrical storms have caused f looding in the past. The Director of Public Works explained the lift station is being rebuilt due to intense deterioration over the last 30 years; it will include a backup system and gas operated pumps. The City Assessor described the area to be assessed for the improvement; the estimate for the property at 4601 Highway 7 is $293.60. There being no one further wishing to speak, the Mayor declared the hearing closed. In response to Councilman Backes, the Public Works industrial waste over the past 30 years has caused a more rapid pace than is usual; therefore, the us be assessed for its reconstruction. He added the approximately 50 percent of the project cost. 7, Director explained the the deterioration at rs of the system will �ity is funding It was moved by Councilman Griak, seconded by Councilman Meland, to waive reading and adopt Resolution No. 5999, entitled "Resolution ordering improvement, ordering preparation of plans and authorizing advertisement for bids, Improvement No. 78-24,'� The motion passed 6-0. 6f. Va�iance, 4020 Randall Avenue Application of Robert K. Graham f or variance in side-yard requirements at 4020 Randall Avenue, as described in Notice of Hearing published April 19, 197g, -162- ; � ; , � City Council minutes, May 1, 1978 Robert Graham, 4020 Randall Avenue, explained that due to the lack of quorum at the Board o� Zoning Appeals last two scheduled meetings, it has not reviewed the request. He said he was originally informed a variance in side-yard requirements was necessary to expand his house; eight days Iater, he was informed a variance was also required in floor area ratio. Councilman Meland noted that although staff recommends a tokal floor area of 1,950 f eet, the expansion would be to the rear of the property which does not abut developed land; therefore, he would recommend approving a total floor area of 2,040 feet as originally requested. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt the resolution approving the application, amending Condition 7a to allow a total floor area of 2,040 feet. The City Manager explained applications for variance must be reviewed by the Board of Zoning Appeals for recommendation to the Council prior to Council action. The City Attorney explained if there is no action by the Board of Zoning Appeals within 60 days of receipt of an a�pp�ication, the Council is required to consider the request. It was moved by Councilman Meland, seconded by Councilman Martin, to defer the request to May 15, 1978. The motion to defer passed 6-0. Mayor Stern apologized to the applicant for the tailure of the Board of Zoning Appeals to hear the request. 6g. Variance, 7309 West 27 Street Application of Donald A. McCourtney for variance in front yard setback for parking lot at 7309 West 27 Street, as described in Notice of Hearing published April 19, 1978. It was moved by Councilman Meland, seconded by Councilman Backes, to continue the hearing to May 15, 1978. Mayor Stern suggested the Council may wish to conduct the hearing in considetation of the applicant and take final action at its next meeting. Councilman Meland f elt the applicant may wish the comments and recommenda- tion of the Board of Zoning Appeals prior to the public hearing. Donald A. planning. McCourtney, 7309 West 27 Street, Mayor Stern suggested the Council may wish the I3oard of Zoning �ppe��s. -�63- stated a delay would curtail to review the memhership of , ; ��ty Counc�l The motion passed 6-�• minutes, MaY 1� �9�8 Mayor Stern noted �he ��icant areas and asked �he app jeopardy. wi11 be reviewing a study of parking if deferral would place the proj ect in stated the proP°Sed expansion is contingent upon a Mr. McCourtney arking along West 27 Street. variance permitting P 6h. Variance,� 4305 Alabama Avenue Application of Rob ert Yerxa for variance in ].ot width and area at 4305 Alabama Avenue, as described in Notice of Hearing published April 19, 1978• Robert Yerxa, 4305 Alabama Avenue, the public hearing. requested the Council to conduct There bein� no one further wishing to speak, the Mayor declared the hearing closed. Councilman Meland asked if the applicant concurred with the condition contained in the Planning Department report relative to the retaining wall. The Planning Director explained the condition is not considered germaine to the variance and is not included in the proposed resolution approving the request. It was moved by Councilman Meland, seconded by Council.man Martin, to waive reading and adopt the resolution approving the variance. It was moved by Councilman Meland, seconded by Councilman Martin, to defer the request to May 15, 19�8. The motion to defer passed 6-0. 6i. Liquor License; Bernie's Del Application of Allan Horovitz intoxicating liquor license a Lake Street, as described in of Hearing. for off-sale t 4212 West published Notice Allan Horovitz, 5002 Arden Avenue Edina stated the rimar reason for the application is to make available a large variety of wine and therefore offer more services to the customers. He explained the catering portion of the business and said customers frequently request beverages to be included. He said with the addition of an off-sale liquor store, the number of employees would be expanded to 65. He exhibited a f loor plan indicating the off-sale e s t a b l is hment located on the west side o f t h e building where a hair styl.ist shop currently exists; the entrance Would be separate and from the existing parking lot. -164- �. , City Council minutes, May 1, 1978 Councilman Martin referred to the signs included in the plan and hoped the applicant was aware of the City's pending sign ordinance revisions. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Martin, to approve a license for an off-sale intoxicating liquor store at 4212 Minnetonka Soulevard. The motion passed 5-0-1 (Councilman Backes abstained). PETITIONS, REQUESTS AND COMMUNICATIONS 7a. Improvement 77-11B&C; Reso lution No. 6008 Item 6c, minutes of April 17, 1978, Improvement 77-11B&C, paving, curb and gutter, Vernon Avenue (Resolution No. 5989); def erred from approval of minutes. The City Attorney explained the Council could defer approvaZ of the item to Ma.y 15, 1978, or it could move to rescind its approval of the project (Resolution No. 5989 adopted April 17, 1978). Hyman Edelman, Counsel for the Ambassador, stated at prior Council and Planning Commission meetings, it had been agreed one access from the frontage road to Highway 12 east of Vernon Avenue would remain open. He said in discussing the situation with William�Crawford, MN/DOT, Mr. Crawford indicated he had no objection and perhaps one access could be lef t open with a special control installed. Councilman Griak asked by not approving the April 17 minutes, if the action taken by the Council at that time would not be legitimate. The City Attorney stated the Council's action of April 17 would not be affected by not approving the minutes, but if the minutes are not approved, it would be an indication to MN/DOT that the Council was in some way stopping short of finalizing the matter. He suggested if the Council wished to be more definitive, a motion to rescind its action, followed in the future by some decided-upon action would be appropriate. The City Manager explained the minutes speak for the accuracy of the happenings; withholding approval would not change the action. Councilman Griak felt the Council's discussion on April 17 indicated it fronta e road access, but the argument at the was opposed to closing g time was the necessity of approving the project in order to proceed with the plans and funding. She still supported equal treatment with Golden Valley, but had reservations in rescinding Council action if , , valid at the time. Mayor Stern agreed with Councilman Griak and explained he sugge�sted that Counsel for the Ambassador meet with1nhaccordWwithethetCity and that reason. He added the Ambassador ls wi11 attempt to achieve what the Council desires. -165- , Ci�y Council minutes� May 1' 1978 an asked the Council CO nO� �lauthorities Mr. Edelm �l�e HighwaY Department period enabling seeking a solution. matter for to spend a two-week time it was moved by Councilman Meland, seconded After further discussion, and adopt Resolution No. 6008, to waive reading by Councilman Backes, • Reso�.ution No. 5989• entitled, "Resolurion repealing The motion passed 6-0. 8a. Ordinance Violations; Ordinance No. 1407 RESOLUTIONS AND ORDINANCES Second reading of Ordinance Code amendment; maximum penalty for ordinance violations. It was moved by Councilman Meland, seconded by Councilman Griak, to waive reading and adopt Ordinance No. 1407, entitled "An ordinance relating to maximum fines for ordinance violation." The motion passed 6-0. 8b. Tree Treatment; Ordinance No. 1408 Second reading of Ordinance Code amendment; tree maintenance/removal/treatment. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Ordinance No. 1408, entitled "An ordinance relating to tree maintenance, removal and treatment licensing: amending the St. Lvuis Park Ordinance Code, Section 13-1490." The motion passed 6-0. 3c. Variance 2455 Decatur Avenue; Resolution No. 6001 Resolution granting variance at 2455 Decatur Avenue; Curtis Engelbrektson. It was moved by Councilman Martin, seconded by Councilman Griak to waive reading and adopt Resolution No. 6001, entitled "A resolution granting variance fn front yard setback from Section 14-128(5) of the Ordinance Code relating to zoning to permit a front yard of 30 feet in the R-1 District at 2455 Decatur Avenue." The motion passed 4-2 (Councilmen Backes and Meland opposed). REPORTS OF OFFICERS BOARDS AND COMMITTEES 9a. B. Dalton .Bookseller Application for special permit to all°W •� drive_up �,,�indow with auxiliary sign in Excels-� � Boulevard Planned Unit Development Dis�t��t' B• Dalton Bookseller. -166- City Council minutes, May 1, 1978 Councilman Meland stated he visited the site and did not feel staff's . recommendation based upon the conditions which existed during the time the bank operated a drive-up window would apply to the present request. It was moved by Councilman Meland, seconded by Councilman Elstrom, to authorize preparation of a resolution approving the special permit for one year, for adoption May 15, 1978. Mayor Stern stated he did not feel it appropriate to grant the request; he said if a National Store is built across the street, the bookstore must be removed. Councilman Griak noted several plans are being reviewed for the Excelsior Boulevard Redevelopment Project; she did not feel the request should be denied on the possibility that one of the plans would be adopted. She was c�ncerned with turning movements of the traffic. Councilman Elstrom favored the drive-in concept and suggested the Council could require that customers enter to the south and exit to the north. Jack Ford, Vice President of Real Estate for B. Dalton,said the existing window on the south side of the building will be used for the drive-up feature, although the sliding glass tray has been removed. He added the only expenditure for the project would be signs and advertising. He said the store will be test marketing this feature and it will be used for telephone orders and will also aid handicapped customers who at times ask emp loyees to bring books to their cars. He said he had assumed the special permit granted to the bank would apply but was advised a separate permit must be applied for. In response to Mayor Stern, he stated he was unaware of the plans for redevelopment which may require removal of the store. He agreed the existing parking is haphazard and explained the area would be striped, eliminating the hazard the bank experienced. It was moved by Councilman Meland, seconded by Councilman Elstrom, to amend the motion to include a condition requiring the parking lot to be striped. The motion passed 6-0. The main motion passed 6-0. 9b. Special Permit 8329 Franklin Avenue; Resolution No. 6002 Application for special permit to construct single-family house in Flood Plain District at 8329 Franklin Avenue; McNulty/Arnold Stern. It was moved by Councilman Backes, seconded by Councilman Griak, to waive reading and adopt Resolution No. 6002, entitled "A resolution granting permit under Section 14-123.I00 of the St. Louis Park Ordinance Code relating to zoning to permit cons�ruction of a single-family house in the F-2 F1ood3P��ai8305St8309,a8313,18317g1e Family District for property located at 8 , �� 8321, 8325, 8329 and 8333 West Franklin Avenue. The motion passed 6-0. -167- s Ciry Counci� minu�es, May 1, 1978 9c, Special P_�t � 6660 �0 ford Street; Resolution No. 6003 ApplicaCion for special permit to allow construction of outdoor storage yard at 6660 Oxford Street; Construction Materials, Inc. It was moved by Councilman Griak, seconded to waive reading and adopt Resolution No. 6003, by Councilman Martin, . ermit under Section 14-171(6) of the entitled "A resolution granting p . , . St. Louis Park Ordinance Code relat��gc�ionoriaterialsefortpropertyction of an outdoor storage yard for Cons located in the I-1 Industrial District at 6660 Oxford Street." The motion passed 6-0. 9d. Special Permit 4504 Excelsior Boulevard; Resolution No. 6004 Application for special permit to allow expansion of office building at 4504 Excelsior Boulevard; Diamond Diversif ied Investments. It was moved by Councilman Griak, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6004, entitled "A resolution granting permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to permit expansion of an existing office building for property located in the Planned Unit Development District at 4504 Excelsior Boulevard." Mayor Stern explained the Council will be reviewing a parking study of municipal lots and this special permit will be subject to Council action as a result of this study. The motion passed 6-0. 9e. Community Relations Commission Minutes of Community Relations Commission meeting held Apri1 13, 1978. There being no discussion, the Mayor ordered the minutes to be received for f iling. 9f. Parks and Recreation Minutes of Parks and Recreation Advisory Commission meeting held April 12, 1978• There being no discussion, the Mayor ordered the minutes to be received for filing. 9g. Health Advisory Committee Minutes of Health Advisory Comtnittee meeting held April 12, 1978. There being no discussion, the Mayor ordered the minutes to be received for filing. 9h. Planning Commiasion the minutes to be received Minutes of Planning Commission rneetinR he�d April 19, 1978. There being for £ilinR, -168- no discussion, the Mayor ordere� s' �..-,-.- City Council minutes, May 1, 1978 9i, Zarthan Park; Resolution No. 6005 giving approval for final Approval of final plat; Zarthan Park. It was moved by Councilman Backes, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6005, entitled "Resolution plat of Zarthan Park." In response to Councilman Martin, W.A. Boran stated he concurred with the conditions contained in the resolution. Th� motion passed S-0 9j. 1836 Kentucky Avenue; Driveway (Councilman Meland absent). Request of Mrs. Cruikshank to use portion of Franklin Avenue to construct private driveway for access to garage at 1836 Kentucky Avenue. It was moved by Councilman Griak, seconded by Councilman Martin, to approve the request and authorize preparation of resolution for adoption May 15, 1978. The motion passed 6-0. 9k. Shelard Park; Highway 18 Frontage Road of plans and specifications Project 78-37, preliminary engineering report; curb and gutter, Shelard Park frontage road. It was moved by Councilman Meland, seconded by Councilman Griak, to authorize preparation and advertisement for bids. The motion passed 5-0-1 (Councilman Backes abstained). 9L. Minnetonka Boulevard Outwalks Project 78-36, preliminary engineering report; Minnetonka Boulevard outwalks, Highway 100 to Texas Avenue. It was moved by Councilman Meland, seconded by Councilman Elstrom, to authorize preparation of plans and specifications and authorize advertisement for bids. The motion passed 6-0. 10a. Appointments Zoning Appeals was the Board should be to review members' UNFINISHED BUSINESS Appointments to advisory boards and commissions. The Council requested May 15, 1978, on the unable to attain a quorum for expanded. Councilman Backes attendance. -169- that staff report reasons the Board of two meetings and whether suggested staff may wish � � F P City Collncil minu�eS, MaY 1-, 1978 Mayor Stern request;ed rhat interviews be scheduled for all vacancies on boards and commissions. the City Manager stated a report wi11 be In response to Mayor Stern, ... . repared For rfay 15, 1978, rel.ating to the posslbility o£ dxssolvin� P y . . . the Building Construction Codes Advisor Commission. ouncilman Griak felt if the Commission i.s dissolved, it would be appropriate to ask h wish to serve on other boards and commissions. the members lf t ey ested the Council could review the number of terms Mayor Stern sugg . members may serve on boards and commissions, thus enabling other citizens an opportunity to serve and assuring fresh ideas. Councilman Griak stated the Parks and Recreation Advisory Commission has a minimal turnover and outstanding members who have served many years and bring a sense of history to the Commission. Mayor Stern said srudy session. the matter could be reviewed at the next Council Councilman Martin suggested that to assure the presence of a quorum, the Council could consider three alternates to each commission to sit for one year prior to their appointment. Mayor Stern felt this could also be discussed at the next study session. 10b. Ottawa Avenue Sidewalk location on beth sides West 31 Street. Improvement No. 76-08, East City Hall, Ottawa Avenue sidewalk placement. It was moved by Councilman Meland, seconded by Councilman Martin, to approve sidewalk of Ottawa Avenue between Minnetonka Boulevard and In response to Councilman Elstrom, George Ash, 3040 Ottawa Avenue, stated the residents will shovel the snow. The motion passed 6-0. The Public Works Director said bids will be opened on May 18, for Council approval June 5; construction will begin the week of June 18, 1978• lOc. Utility Easemer►t; Resolution No. 6006 West 28 Street utility easement (M. & C. NO• 78-24); Projects 73-26 and 73-27• It was moved by Councilman Meland, seconded b�� Councilman Griak, to waive reading and adoPr Resolution No. 6005, entitled "Resolution authorizin urchase of easement for sanitary sewer and watermain." g p The motion passed 6-p, -170- lOd. Excelsior Boulevard City Council minutes, May 1, 197g Trunk Highway revocation; Excelsior Turnback BouZevard from France Avenue to Highway 100 (M. & C. No. 78-25), Councilman Martin suggested Hennepin County may wish jurisdiction of the segment, in that Excelsior Boulevard west of Highway 100 is a County road. William Crawford, MN/DOT, interpreted the Statutes to require the State to return a thoroughfare to the agency from which it was originally acquired. He suggested the City could negotiate with Hennepin County. Mayor Stern noted Mr. Crawford`s past endeavors on behalf of the City have been beneficial, but felt the present proposal should be rejected by the City. He continued the City is also not pleased with the status of the semaphore at Monterey Avenue. He suggested the Council could defer the matter for a legal opinion from the Attorney General's office. Mr. Crawf ord suggested revocation would allow the City to modify the traffic signal at Monterey Avenue. Councilman Meland noted the 35 mile-per-hour speed limit on Excelsior Boulevard exceeds that allowed on City streets, and permission would have to be granted by MN/DOT to allow this speed to be retained upon revocation. Mr. Crawford agreed that any speed limit other than 30 miles per hour must have MN/DOT concurrence. In response to Councilman Elstrom, Mr. Crawford explained trunk highway designation would not be placed on Highway 7 until it is removed from Excelsior Boulevard. He continued that many streets were added to the State highway system by the Legislature, but over the years their characters change. He suggested Excelsior Boulevard is in reality a municipal street serving a downtown area rather than a State-wide thoroughfare. He added that if the Council approves the revocation, the State wi11 off er excess right of way for City parking purposes. It was moved by Councilman Backes, seconded by Councilman Meland, to def er the item to May 15, 1978. The motion passed 6-0. 10e. Community Health Services meeting of appropriate services. the Suburban for the City Community health services report (requested by Councilman Meland). Councilman Meland reported on the annual Health Nursing Service and suggested it wou1�3 be to contract directl.y with a vendor for nursing It was moved by Councilman Meland, Seconded by Councilman Backes, that the City contract directly with Suburban Public Health Nursing Services, Inc., in 1978. -171- � City Council minutes, May 1, 1978 Councilman r4artin wondered,if the City would grant monies, if it establ�shed the position coordinator. be receiving additional of health service The City Manager explained various grants would involve establishing a number of additional services in the community; he suggested prior • ' f these services a consultant should be retained to committing itsel to � to analyze the exact needs of the community. The motion passed 6-0. Councilman Meland explained the County Board indicates it will appoint eleven members ta work with the Office of Planning and Development and County staff to assess health services and providers. He stated if such a committee is formed, its work could duplicate that of a con- sultant; therefore, he suggested the Council not retain a consultant at this time. r The City Manager explained if a consultant is not retained immediately, � it will not have sufficient time for appropriate input into the 1979 � community health service planning process. � Councilman Meland felt it appropriate to wait until the f irst Council meeting in June, at which time the County Board will have taken action on the Suburban Health Nursing Service proposal. He requested additional information relative to a consultant for review on May 15, 1978. lla. Diseased Tree Removal NEW BUSINESS Bid tabulation; diseased tree removal. � It was moved by Councilman Griak, seconded by Councilman Meland, to designate Ta11 Timber Company and Minnesota Tree lowest responsible bidders for Areas A and B respectively and authorize execution of contracts;i: at any time during the removal season the aforementioned contractvrs are unable to comply with the tree removal specifications, the City will issue work orders to Tri City Tree Service and Green Cove Company for Area A, Green Cove Company and Todd's Tree Service for Area B. The motion passed 6-0. 11b. Right of Way; Resolution No. 6007 adopt Resolution No. property for street Righ[ of way acquisition; Highway 12/Vernon Avenue (M. & C, No, 7g_26�. It was moved by Councilman Griak, seconded by Councilman Elstrom, to waive reading and 6007, entitled "Resolution authorizing purchase of right of way," In response to Councilman Martin, Mayor Stern explained construction will ` not be allowed within the right of way; the area eventually will beco� part of I-394. The motion passed 6-0. 4 � -�172- s ., -ZLt- 'U-9 passEd uo�aow a�y a�o�aq TTtM �jZ�nauana sa�e au� :�EM o '76£-I 3� �1ed .y uo�3�n��suo� pau�eTdxa u�a� so�E 3�u��a aya u�u��M paMo1T8 aq �ou �t� S � ��ie� uE�T��uno� oa asuodsa� ui �i��EM 30 �l�$�,x 3o ase��nd �uzz�ato�{�nE uo��njosag�� paTa��ua `L009 p� 9uFpea� an�eM o� �wo��s�� ueu�T��vno� �q papuo�as •�e�:i� uswjz�uno� �q panom sEM zI ' �9Z-8L ' �N ' � q •y1) anuany uou�a�/Zj �CBr�t��H :uo��zsZnb�E �EM 30 �q��?I �aa�Zs �03 ��.zado�d •o� uo��nlosa� �dops L009 'oH uozanjosag `• EM 3� ��I �2i 'qIT '0-9 PassEd uo��ow auy •g Ea�d �o� a�zn.zas aa�s s�ppoy puE �usdmo� ano� uaa�� 'y Eaiy zo3 e�uEdwo� ano� uaa.z� puE a�zn�as aaiz �� i,zZ oa siapao x.zoM anssi jT�M �� au� � suo��E��ads jEnoma,z aa.z� au� y��M �tTdu�o� o� aTqEun a�E sao��E��uo� pauo�� uaw.a�o�E au� uosEas Zenoma� au� �u�znp ami� �uE �E ;j :Sa��uo� �o uoi�n�axa az��o��nE puE �Za�z��adsa� g puE y sEa.zy zo� s.zappiq ajq�suodsa,z asaMoT aazs E�osauuzyy pue �Cusdwo� ,zaqu��Z TTey a�eu��sap o� � pueTay� uEtuT��uno� �Cq papuo�as �x��.z� uEcuTz�uno� �q panou� sEM �I � • TEnou�a.z aa.z� pasEaszp : uoz�ETnqE� p�g SS�KISfIS M�N ZEno�aag aazs pasEasiQ '8L6T `SZ ��Yd uo Maina�, .zo� �uE�Tnsuo� E o� anz�Ejai LIOZ�EUl.ZO�[IT TEuo�a�ppE pa�sanbaa� ag •ZEsodo.zd a�in�ag �uzs.znK u�TEag uEq�nqng ay� uo uo��s ua�E� anEc� ZTzM p.zEog �C�uno� ay,� au�z� c��zuM �s �aunr uz �uz�aaiu �Z�uno� �s.zz� au� T��un �TEM o� a�Ezzdo.zdd� �� Ta3 puEZayy uEiuTi�uno� • ssa�o�d �utuuETd a�zn.zas u�jEac� �C�-�ununuoa 6L6T au� o�uz �nduz a�Ei.zdo�ddE �03 amz� �ua-��ns aney �ou Ttzr� �� `�Ta�ezpaunui pauzE�a� �ou sz �uE�Znsuo� E�i pauzeTdxa .za�EUEy� �C�z� a�,T, • aiu�� sz�� E �uE�tnsuo� E uZEaa.z �ou Tz�uno� a�� pa�sa��ns au �a.zo�a�aq� :�us�Tns -uo� E�o �Eq� a�2�iTdnp pTno� �aoM s�z `pau��o� sz aa��zun�o� E u�ns �i pa�E�s ag •s�apzno�d puE sa�zn�as y�TEaq ssassE o� ��E�s �C�uno� pus �uamdolanaQ pu2 �uzuu�Zd 3o a�Z3�p au� ��?M �i�oM o� szaqwaw uana�a �u�oddE ZTzM �� sa�E�zpuZ p.zEog ��uno� a�� pauzETdxa pueTay� uEmTz�uno� '0-9 PassEd uot�o� a�Z •�C��unw.u�o� au�. �o spaau ��Exa aq� az�LteuE o� pauTe�a,z aq pTnous �uE�Tnsuo� E� sa�t�.zas asay� o� �Tas�z �uz��zu�wo� o� zoz.zd pa�sa�3ns au :��zunwu�o� au� uz sa�Zn.zas TEuot�zppE �o zaqu�nu E �ut�sz E�sa anTonuz pTnoM s�u�.z� snoiaEn pauiEtdxa .za�EUEy� �C�?� aus Tq a�zn.zas ��TEay �o �[Euo-��Tpp� �uZnza�a.x aQ �.zo�Euzp�oo� a sz E�sa �z �� `sazuou� �uE�� uozazsod a�a p�l Tq u�eiu t�uno pjnoM �aY� au� �� pa�apuor� uz��Ey� T. � 8L6T `T �EY� `saanuzui T��uno� ��z� •ETT .t � � r , � City Council minutes, May 1, 1978 The City Manager explained the owner of the property in the southeast quadrant of Vernon Avenue/Highway 12 (Park National Bank) agrees to a selling price of $190,000 for the balance of the necessary right of way for the improvement. He said the price is excessively high and is based on a 70-foot strip of property sold April 18, 1977, for $S per square foot; he suggested the Council may wish to consider condemnation. Mayor Stern agreed the price for the property is excessive. He noted all property owners will benefit by the improvement and requested deferral of the matter to allow additional negotiations with the property owner. It was moved by Councilman Meland, seconded by Councilman Backes, to defer the item to May 15, 1978. The motion passed 6-0. llc. Industrial Revenue Bands Proposed industrial revenue bond issue; Park Lane Bowling Company (Ben Weber). Councilman Griak referred to a letter dated April 28, 1978, from the owner of Texa-Tonka Lanes opposing the issue of industrial revenue bonds to finance an individual, retail business in direct competition with existing business in the area. She felt it appropriate to review standards for issuance of the bonds on May 15, 197II, prior to making a decision on the request. She supported the concept of the bowling lane and liquor license but felt City approval of industrial revenue bonds to fund the project would be inappropriate. Councilman Martin noted the full faith and credit of the City would not be involved in the issue. He felt new guidelines should apply to future requests. He continued that the Act adopted by the State is to aid employment and increase the tax base and fe1C the project qualifies. Councilman Meland noted a situation has occurred where the City has en�ouraged Mr. Weber to relocate, and it should a11ow Mr. Weber to avail himself of every opportunity to make use of the land. IC was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt the resolution declaring the intention of the City to issue industrial development bonds to not exceed $750,000 for facilities to be leased to the Park Lane Bowling Company. Councilman Backes noted the subject bonds have Ueen approved on three occasions by the Council; the Wisheof theuCouncildforiMr1iWeber toebe issuances. He said it is the succeasful, but approval of the request could set a precedent for other retail business to expand or relocate and apply for the bonds. Councilman Meland withdr�ew the motion. It was moved by Counc.i.lman Melandafiion�toeMayy15�u1978man Elstrom, to defer consideration of the applic The motion failed 3-3 (Councilmen Gr�.ak, -17 3- Martin and Mayor Stern opposed). 0. . . � � ; � �� lle. It was re�j�cr. City Council minutes, May 1, 1978 iovecl by Councilman Griak, seconded by Councilman Backes, to n romiscuous use of indusCrial revenue bonding; Mayor Stern saici he opposed p a lied. Ne noted in he felt the toal should be limited.and cautiously Ppovide 'obs, taxes the past it was granted �for ma� or industries which p J �ad sec�rity of property. He said the Federal government is proposing 1E�islation to restrict the use of this finance te°saidnthehCityase licat1on. H Legislature is also reviewing its apP , a tax write-down desire for r.he applicant s success is evidenced by on the land, the issuance of a liquor license and a settlement on the Exisring business location. It was moved by Councilman Meland, seconded by Councilman Elstrom, to defer the motion to rej ect to May 15, ].978. The mvtion failed 2-4 (Councilmen Elstrom and Meland in favor). Ben Weber, Park Lane Bowling Company, stated issuance of the bonds would save 1 significant amount in financing costs. He said he was informed by a former Councilman that he was eligible and should apply. He said the law states businesses bein� displaced and which will bring industry into the area are eligible. He continued that he has invested $200,000 in the project without assurance of revenue bonding and would develop in any case. The City Manager noted that the Legislature broadened the Act t commercial use as well as industrial development. He added the not examined the financial feasibility of the project which is responsibility of the underwriter. o include City has the The motion to reject the request passed 4-2 (Councilm en Martin and Meland opposed). Class IV Class IV restaurants in Diversified Development Restaurants District (requested by Councilman Meland). Councilman Meland expl.ained there are no restrictions in the Orclinance Code proHbiting Class IV restaurants in the Diversif ied Development District (DDD). pe felt the use could cause traffic problems and the faciliCies do not produce a significant tax yield. It was moved by Councilman Meland, seconded by Councilman request staff to conduct a study and make recommendations the Ordinance Code should be amended prohibiting Class IV in the DDD and other areas within the comomunity. Councilman Backes noted the mapped DDD currently does not include Class IV restaurants. He said be accompanied by an overal,l guide plan, and the opportunity during iCs approval ta exclude this Backes, to as to whether restaurants has a guide plan which all future DDD� must Council. will have an use. Mayor Stern suggested the Council could informally reques[ staff to prepare a report on the matter for a future aRenda. �I74- � � � � �'`� - - _ . _ _ ._._. _ ---------� City Council minutes, May 1, 1978 Councilman Meland withdrew the motion. The City Manager suggested a report on the subject could be submitted aC the June 19, 1978, meeting. lle . Ener Pro ram 12a. Comprehensive Community Energy Management Program. Representatives of Marketec, Inc., conducted a presentation of their proposal prior to the City Council meeting. Councilman Martin noted that at a cost of $3,000 plus City staff time, the City may be eligible to receive a$250,000 grant. Mayor Stern reported the Minnesota Legislators are programs of this nature. in support of Councilman Meland said it was unclear from the materials and presentation whether the f irm has expertise in engineering, public relations, etc. He questioned its ability to deal with technical issues. Mayor Stern stated the firm works closely with Honeywell. The City Manager explained the principals presented themselves as one of the local experts on energy; the program is from the Argonne National Labo- rat.ory at the University of I1linois. He added it would be difficult for City staff to conduct the project. Mayor Stern requested staff to report on the credentials, references and qualifications of Marketec, Inc., at the Council's May 2, 1978, special meeting. Dama e Claims Clerk for proper action The motion passed 6-0. 12b. Communications from Mayor 12c. Communications from City Manager The motion passed 6-0. MISCELLANEOUS Daniel J. Austin, 3718 Sumter Avenue. It was moved by Councilman Meland, seconded by Councilman Martin, to file claim with City by City Manager and City Attorney. None. ],, It was moved by Councilman Meland. seconded by Councilman Martin, to cancel the City Council meeting scheduled for July 3 and reschedule it for July 10, 1978. -175- ; � 2. 1'1� e C i ty Company 13a. Verified Claims the City checks i City Council minutes, May 1, 1978 Manager said a summarY ot ttle Reilly Tar and Chemical lawsuit will be prepared for May 15, 1978• �LAIMS , t�PPROPRI�ITIONS AND CONTRACT PAYMENTS Upon motion by Councilman Meland, seconded by Councilman Martin, the list of verified claims prepared by the Director of Finance and directed to the City Council, dated May l, 1978, in the total amounts of $234,521.20 for vendors and $4,759.91 for payroll were approved, and Manager, City Clerk and Ciry Treasurer were authorized to issue n the same amount by a vote of 6-0. 13b. Contract Payments; Resolution No. 6000 1. Final Payment, Imp. Project No. 74-22, storm sewer, Q.R.S. Construction. Amount: $3,676.11. It was moved by Councilman Meland, seconded by Coun�ilman Martin, to waive reading and adopC Resolution No. 6000, entitled "Resolu�ion �ccepting work on storm sewer, Improvement No. 74-22." The motion passed 6-Q. 2. Partial Payment, Imp. Project No. 77-62, Cedar Knoll Park lighting, Killmer Electric Co., Inc. Amount: $1,710. It was moved by Councilman Backes, seconded by Councilman Elstrom, to approve and authorize payment. The motion passed 6-0. 14. Adjournment test: Beverly F Recording lan�gan Secretary On motion of Councilman Meland, seconded by Cou c'lman Martin, the meeting was adjourned at 0�40 p.m. on a 6-0 vote. Irvi Mayo . � 1 M. Stern -176- �� s