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Home My WebLink About1978/08/21 - ADMIN - Minutes - City Council - Regular1• 2. 3. Call to Order Invocation Ro11 Ca11 Also present were Director of Public 4. Approval of Minutes MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 21, 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 ca11: Ronald Backes Lyle Hanks Jerrold Martin Martha Elstrom Keith Meland Irving Stern the City Manager, City Attorney, Planning Director, Works and City Engineer. The motion passed 6-0. 5. App�oval of Agenda The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Backes, to approve the minutes of the regular City Council meeting held August 7, 1978, as presented. Zt was moved by Councilman Meland, seconded by Counc�lman Elstrom, to approve the consent agenda for Au�ust 21, 1978, as presented. Councilman Hanks, to approve It was moved by Councilman Backes, seconded bY Traffic and the a enda for August 21, 1978, w:ith tl�� addiCion of Item llb, g Parking on Yosemite �venue north of Excelsior Boulevar . The motion passed 6-0. 6• Temporary Liquor License PUBLIC HEARINGS • p ish Men's Club for Application of Holy Family ar l�.quor em orary license to sell non�-ndescribedgin Notice t p 1978, as on-sale September 10, ust 9, 1978• of Hearing puUlished Aug There being no one wishing to speak., the May°r -309- decl.ared the hearing closed. � � City Council minutes, It was moved by Councilman Hanks, the application. The motion passed 6-0. 7. None. 8a. Outdoor Storage; Ordinance No. 1421 PETITIONS August 21, 1978 seconded by Councilman Elstrom, to approve 'EST5 AND COMMUNICATIONS RESOLUTIONS AND 0?tDINANCES Second reading of Ordinance Code amendment relating to daily outdoor storage and sales. 1 It w�s moved by Councilman Backes, seconded by Councilman Hanlcs, to waive second reading and adopt Ordinance No. 1421, entitled "An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Sections 14-113(1), 14-15�(2)(I11), 14-155(3)(u) and 14-180(2)(r), outdoor display and storage in the B-1, B-2 and I-3 Districts." The motion passed 6-0. 8b. Service Station Pumps; Ordinance No. 1422 Second reading of Ordinance Code amendment relating to service station pumps. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive second reading and adopt Ordinance No. 1422, entitled "An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Section 14-150(3)(a)(iii), motor fuel�stations, in the B-1 Business District." The motion passed 5-1 (Councilman Meland opposed). 8c. Park Hill zoning; Ordinance No. 1423 Second reading of ordinance changing zoning in Park Hill to PUD (Natchez/Raleigh Avenues). . It was moved by Councilman Hanks, seconded by Councilman Elstrom to waive second reading and adopt Ordinance No. 1423, entitled "An ordinance amending the St. Louis Park Ordinance Code, changing boundaries of zoning districts." The motion passed 6-0. 8d. Securities; Resolution No. 6087 securities for collateral The motion passed 6-0. Resolution approving securities for collateral. It was moved by Councilman Martin, seconded bY Councilman Backes, to waive reading and adop� Resolution No. 6087, entitled "Resolution appXavfng from Northwestern Bankwest, Hopkins, �tinnesota• -310- e 7 � f s _..�-�'.""� Don`s �e' �� rket Park �_ City Council minutes, August 21, 1978 Resolution approving variance in parking requirements; Park Market (authorized August 7, 1978). In response to Councilman Hanks the Planning � Director exp a ne t e ormal resolution presented to the Council and authorized at the August 7, 1978, meeting would provide for a variance allowing less than six parking spaces; it would also require a six-foot landscaped area along Dakota Avenue. He said the applicant has commenced construction of concrere work and some landscaping, a portion of which is on City property. He added this work is in violation of the proposed resolution and the Ordinance Cod e . � The City Manager stated the applicant was informed by mail August that the City Counci�l would be presented a�ormal resolution for August 21, 1978, granting a variance in required parking spaces. 8, 1978, adoption on The Council discussed whether the applicant had proceeded with cement and landscaping work in violation of the Ordinance Code due to a misunderstanding of the Council's intent or as a deliberate action. It was moved by Councilman Martin, seconded by Councilman Meland, to defer . the item to September S, 1978, for clarif ication of the applicant's intent and to request he be present at the meeting. The Council asked what enforcement action had been taken, and the City Manager explained the work had been completed during the weekend prior to staff's knowledge. Councilman Meland suggested t�iat the City Manager issue a summons. The motion to defer to September 5, 1978, was withdrawn. ' In response to Councilmen Hanks and Meland, the City Attorney indicated the Council could reject the proposed resolution, and the applicant would then be in violation of proceeding without authority. He £elt it appropriate for the Council to delay any further processing of the matter until it , ascertains the present intentions of the applicant, in the event a mis- understanding exists. In response to Councilman Backes, the City Manager explained no required for cement work. It was moved by Councilman Hanks, seconded by Councilman IKeland, item. The motion to table passed 6-0. ' -311- permit is to table the l' :; _�_, � � � City Council minutes, gf, Medicine Lake; Res.olution No. 6088 � August 21, 1978 orting adoption of water qualit Resolution aupp y control f or Medicine Lake under the j oint powers agreement (requested August 7, 1978). It was moved by Councilman Backes, seconded by t Resolution No. 6088, entitled Councilman Hanks, to waive reading and adop ualit control for Medicine �� orting the adoption o€ water q Y Resolution supp Lake under the joint powers agreement." It was moved by Councilman Meland, seconded by the resolution, paragraph 7, deleting the words The motion to amend passed 6-0. The main motion passed 6-0. 8g. Municipal Court; Resolurion No. 6089 Councilman Martin, to amend "in concept." Resolution protesting changes in municipal court (requested August 7, 1978)• � It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution 6089, entitled "Resolution protesting changes in Hennepin County Municipal Court," amending paragraph 4 to read: ". . and requests the current St. Louis Park Court location be maintained for the convenience of the citizens in this community and surrounding communities." The motion passed 6-0. $h. Primary Election; Resolution No. 6090 Resolution No. election judges Resolution relating to primary election; setting polling places and naming judges. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt 6090, entitled "Resolution setting polling places and naming for State Primary Election, September 12, 1978." The motion passed 6-0. REPORTS OF OFFICERS, BOARDS AND COMMITTEES 9a. Ht�man Minutes of Human Rights Commission meeting held Rights Commission July 19, 1978. 9b. Health Advisory Committee There being no discussion, the Mayor ordered the minutes to be received for filing. Minutes of Health Advisory Committee meetings held August 2 and 9, 1978. There being no discu.ssion, the Mayor ordered Che minutes to be received for f iling. -312-� c i t � ,- "''� l 9�, Housin Authorit qd, Plannin Commission 9e. Financial Report 9f. Bass Lake 1978 and 1979 Fund. City Council minutes, August 21, 1978 Minutes of Housing and Redevelopment Authority meetings held August 1 and 8, 1978. There being no discussion, the Mayor ordered the minutes to be received for filing. Minutes of Planning Commission meetings (two) held August 2, 1978. There being no discussion, the Mayor ordered the minutes to be received for filing. Monthly financial report - July, 1978. There being no discussion, the Mayor ordered the � report to be received for filing. Bass Lake improvement plans (M. & C. No. 78-50). It was moved by Councilman Hanks, seconded by Councilman Backes, to approve phased approach�in and tentatively provide $15,000 in the 1979 Park Improvement Councilman Martin wondered if other funds were available for the project. He also suggested it would be less expensive to only grade and berm the area. The City Manager suggested the work should be done correctly, even if this means the City must delay the project. He added City crews will perform the work. Mayor Stern f elt project consideration should be delayed until budget review in September; the Council should seriously review the City's current non- service expenditures. In response to Councilman Martin, Councilman Hanks explained eight acres are proposed to be developed as an open space green area; two acres are proposed for storage. He added this vacant, unused land will also provide practice area for the Babe Ruth teams in the south part of the City. It was moved by Councilman Hanks, seconded the item to September 5, 1978, and request and seeding would be possible in 1973, if budget adoption in October, 1978. The motion to def er passed 6-0. Green Hills The motion passed 6-0. by Councilman Elstrom, to defer staff to report whether grading the project is postponed until Green Hills Comprehensive Plan 1978). It was moved.by Councilman r Councilman Backes, to removE table. -313- (tabled March 13, i'` �a'��.'� � � � .-...__ � City Council minutes, August 21, 1978 resentin the developer/property owner, exhibited a concept Jim Shaw, rep g • plan for the proposed development. He explained the greatest problem for the developer has been the definition of CCouncil�andlneighborhoodtforpa�low�d concept responds to the desire of the prof ile d�evelopment. He said tennis courts and swimming pools would be locaCed in the center of the development,Wouldtbe 32afeettwide,twhichysical amenities of the land. Interior streets could accotmnodate on-street parking; berms would be placed along County Road 18 and Edgemore Drive, and housing units will be a minimum of 40 feet frvm the property line. He exhibited six designs of on�- and two-story townhouses proposed to be scattered throughout the development. He said traffic will enter from West 36 Street,and a directional map will be installed at the entrance keyed to addresses. The market values of the units will be $70,000 ro $100,000. In response to Councilman Hanks, unirs, or approximately ten units Mr. Shaw stated the plan provides for 338 per acre. Councilman Martin stressed that no units over two stories in height should be constructed adjacent to the existing residential neighborhood to the west. In response to Councilman Meland, Mr. Shaw stated the units wi11 have common � yards maintained by an association. He added the developer would like to commence grading operations prior to winter, and plans wi11 be prepared for Planning Commission review as soon as possible. He explained assurances have � been received from the County of the location of County Road 18 within 20 feet; the necessary configuration wi11 be received prior to Council approval. He said traffic considerations are being,studied, and a meeting will be held with the neighborhood prior to Planning Commission review. He explained landscaped earthen berms will be constructed to reduce vehicular noise. He suggested berms would be more appropriate than tall wooden walls. 9h. Traffic Study; Resolution No. 6091 Traff ic Avenue. Study No. 178; West 27 Street/Florida It was moved by Councilman Martin, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6091, entitled "Resolution authorizing placement of signs for traffic control at intersection of West 27 Street and Florida Avenue." The motion passed 6-0. 9i. Par� National Bank; Resolution No. 6092 Application of Park National Bank for site plan approval for off ice building location in the Diversified Development District. It was moved by Councilman �Ianks seconded by Councilman Backes, to waive reading and adopt Resolution No. 6092, entitled "A resolution granting permit under Section 14-124 of the St. Louis Park � Ordinance Code relating to zoning to permit a bank/office building for property� located in the DDD, Diversif ied Development District, at the southeast corner � of Vernon Ave�nue and Highway 12," amending Condition No. 1 to read: ��• •' must be submitted prior to December 30, 1978." The motfon passed 6-0. -314- -------.----___ --- � � City Council minutes, August 21, 197g 4j, Traff ic Study; Traff ic Study No. 179; West Resolution No. 6093 Avenue. Resolution No. traffic control 22 Street/Jersey Tt was moved by Counc3lman Martin, seconded by Councilman Elstrom, to waive reading and adopt 6093, entitled "Resolution authorizing placement of signs for at intersection of West 22 Street and Jersey Avenue." The motion passed 6-0, 9k. Traffic Study; Resolution No. 6094 authorizing placement of The motion passed 6-0.. 9L. Excelsior Boulevard Sidewalk Traff ic Study No.. 180; 4003 Wooddale Avenue. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6094, entitled "Resolution signs for traffic control at 4003 Wooddale Avenue." Excelsior Boulevard sidewalk construction; preliminazy engineering report. ' It was moved by Councilman Hanks,�seconded by Councilman Elstrom, to set public hearing in com- pliance with the City's� publication requirements. Councilman Meland noted Hennepin County was assessed for a portion of the sidewalk construction costs at Minnetonka Boul.evard and Cedar Lake Road. The Public Works Director indicated it might be possible to receive County funding, but this could delay the pro�ect until 1979; a report on the County's position wi11 be presented at the public hearing. The motion passed 6-0. 10a. Appointments UNFINISHED BUSINESS Appointments commiasions. to City advisory boards and Councilman Backes requested deferral of appointments to the Human Rights Commission until September 5, 1978, time to resehedule two interviews. allowing Mayor Stern offered the appointment of Jim Heltz�r to the Housing and for Council confirmation. He explained Mr. Heltzer Redevelopment Authority is extremely familiar with St. Louis served two terma• on the City Council, Park, economic development, and is closely associated with many civic and State-wide areas of involvement. The Council requested with Mr. Heltzer prior the opportunity to vis�it to taking formal action. Mayor Stern requested the mattier to he said Mr. Heltzer, if appo�.nted, boards and commissione. _315- with and.discusa the appointment be included on the September 5 agenda; will resign his membership on other City � -� � City Council minutes, Augusti 21, 1978 t 10b. Economic Development Director Economic Development Director June 5, July 17 and August 7, 78-51. (deferred 1978); M. f rom & C. No. It was moved by Councilman Hanks, seconded by Councilman Backes, to defer the item to budget reuiew in September. Councilman Martin felt that by delaying the matCer until budget adoption in October, the position may not be filled until January, 1979. Councilmen Backes and Elstrom felt it pertinent review the entire matter,including the Chamber to Council consideration during budget review. that the l3ousing Authority of Commerce proposal, prior The motion failed 3-3 (Counci�.men Martin, Backes and Mayor Stern opposed). Mayor Stern announced the cities of Hopkins and Minnetonka have approved the Chamber's concept and hope St. Louis Park will concur. � � It was moved by Councilman Backes, seconded by Councilman Meland, � the item to September 18, 1978, for Housing Authority review and `� recommendation. The motion passed 5-1 (Councilman Hanks opposed). — y lOc. Fourth � Ward Vacancy Fourth Ward Council vacancy. to defer After discussion, the Council agreed to conduct a special meeting on September 5, 1978, at 6:30 p.m. Mayor Stern referred to the Charter Commission's statement wherein it favors a policy that vacancies in the Council are f illed by election rather than appointment, and that the timing of a resignation should be planned�to ensure election rather than appointment. He also referred to Page 2 of the City Attorney' Opinion No. 307 which referred to the State Statute provision providing that a vacancy exists if an incumbent ceases to be an inhabitant of the District from which she.was elected. He suggested Councilman Utne ceased to be an inhabitant of the District on the date of her wedding, and he felt the Council has the legal prerogative to determine that the wedding caused the incumbent to leave the City. He asked the Council to declare the position vacant as of July 7, 1978, and to place the matter before the electorate at the November, 1978, election. Councilman Backes�felt the Council must find fact that the incubent's vacation of the City occurred prior to Ju1y 10, 1978. He suggested the correct application of the Charter would not hold that the future intent of an incumbeni in itself constitutes vacation of residence. He said Councilman Utne determined she would not make a change in residency until after Ju1y 10; the fact a person beeomes married does not constitute a change in residency, unless members of the Council would infer that upon being married she became chattel and changed residences automatically. He referred to her letter to the City Clerk resigning her office as of July 18, 1978. Councilman Martin stressed that the reside in the City following July 7, and a relinguisilm�nt of her office. intent of the incumbent to marry ana not 1978, clearly estahl is�es nonresi.��ncy -316- lOd . City Council minutes, August 21, 1978 Counciiman Backes noted on August 7, 1978, the Council unanimously adopted a resolution stating Councilm.an Utne had resigned while holding office " July 17, 1978; he suggested this would be inconsistent with the desire ton declare the seat vacant as of Ju1y 7, 1978. - The City Attorney stated the Council has the authority to make a determination at this time on the question of when the vacancy occurred. Councilman Hanks stated Councilman Utne was elected by the residents to represent and make decisions for the Fourth Ward, and her choice in this matter is for the Council to appoint her replacement. He noted she represented the Fourth Ward at the July 17 Council meeting. Councilmen Hanks and Backes agreed the electorate should be permitted to select its representative,�but they also respected Councilman Utne's decision for the Ward. Meadow Tree Meadow Tree; final plat (deferred from August 7, 1978).. The City Manager announced the new developer of the subdivision had not f iled the necessary bond. It was moved by Councilman Meland, seconded by Councilman Elstrom, to defer the item to September.5, 1978. The motion passed 6-0. IOe. Pedestrian Bridge P edestrian bridge; Wooddale Avenue/Highway 7 (deferred from August 7, 1978) M. & C. No. 78-52. Councilman Hanks reported that from the School� administration point of view, a fence will be necessary permitting access to the bridge but preventing pedestrians from crossing Highway 7 at grade. He noted pedestrians are frequently observed crossing West 36 Street/Highway 100 at grade. He also stated the School District may be closing a junior high school in the next several years; he noted although the bridge would be a connecting link in the City's future trail, system, the Council may wish to meet with the School Board to discuss future plans for Centxal Junior High School. In response to Councilman �ianks, the City Manager explained 72 percent FAU funding is available for the bridge within the current project year�ication Council does not approve the project during the next montH, the app for �unding must be resubmitted. � Councilman Martin noted completion of in the future, and perhaps approving appropriate. It was moved the pro j ect the City's �rail system may be no�rbe the bridge for this purpose may� seconded by Councilman Elstrom, by Councilman Martin, until a�decision is made relative to echool closures. want the School District this type negative to reject Councilman Meland did not think to base its decision to close a act,ion by tbe Council. �he Counc3l would school. based upon -317- L � -� � Ciry Council minutes, Aug�s� 21� 1978 It was moved by Counci.lman Meland, seconded by Councilman Backes, to a11ow discuss�.on with the SctlO°choolsrict relative the matter u�i��za�lon of the s range platls for building The motion to tahle passed 6-0. to table to long- In response to Councilman El.strom, May or 5tern explained upgrading of Wooddale Avenue is �ncluded in the 1979 CapiCom anprpriorntoPfu�ure•action also requesL-ed nol:ifica�ion of �he Park Bu5 p Y on this itiem. lla. LOGIS ,.,,_��,�,,,,� the contingent liability LOGIS computer center. / � � The motion passed 6-0. llb. Parking Study 12a. NEW BUSINESS LOGIS; contingent liability concept. It was moved by Councilman Hanks, seconded by Councilman Martin, that the City Council approves approach invoJ.ved with the establishment of a Parking - Yosemite Avenue north of Excelsior Boulevard (requested by Councilman.Hanks). Councilman Hanks asked Council approval of a parking study at Yosemite Avenue north of Excelsior Boulevard. He requested the study include the advantages and/or disadvantages of a two-hour parking limit; he would also meet with the neighborhood prior to submission of the repo.rt to the City Council. Damage Claims Councilman Hanks, to file Manager and City Attorney. The motion passed 6-0. 12b . Communicat ions from Mayor MISCELLANEOUS 1) Thomas M. Vickman, 7035 Wayzata Boulevard 2) Donna Castagneri, 2071 Hillsboro Avenue North 3) Gary C. Anderson, 2301 Gettysburg Avenue It was moved by Councilman Meland, seconded by claims with City Clerk for proper action by City 1) Appointment - Mayor Stern introduced Chet Harrison, City Engineer.� 2) Performance Review - At the suggestion of Mayor 5tern, it was moved by Councilman Meland, seconded by Councilman Hanks, to authorize the Mayor and President Pro Tem to conduct an evaluation of the City Manager's performance to date; members of the Council are requested to meet with the City Manager individually for evaluation purposes. The motion passed 6-0. -318- City Council minutes, August 21, 1978 . , 3) CATV Communication - Councilman Hanks explained a meeting of the • • . Southwest Subur an C TV Commission will.be held_August 22, 1978, to review the proPosal of a potential cable television builder to service all six communities in the southwest area. Mayor Stern ref erred to the August 16 letter from Spectrum Communications requesting a pub lic hearing to transf er its CATV franchise to Northern. .� . . Cablevision, Inc. � Councilman Hanks explained Northern Cablevision, Inc., has proposed to purchase Bloomington franchise; he would report further on the concept following the August 22 meeting. 4) Update on Highway 12 Corridor - Mayor Stern explained the Mayors of communities abutting the Highway l2 corridor have met with State Transportation Commissioner Harrington who advised an Environmental Impact Statement will be presented to the cities within six months; the Federal government requests preliminary corridor plans as part of this statement, and the Mayors have suggested the f ormation of a committee of adjoining communities to work with MN/DOT on the plan. He described the proposed structure of the committee, to be authorized by resolution of each community. He added Golden �alley does not agree with this concept and proposes the formation of individual task forces to meet on sections of the corridor which. are germaineto two communities. He continued the next meeting will be held August 29, 197�, at 4:30 p.m., to finalize the f inal draft of the resolution for presentation to each City Council. Councilman Meland wondered if the State legislature must lift the existing moratorium on construction prior to planning and acquisition of right of way. He also questioned the intent of the Golden Valley concept. 5) Conference of Mayors - It was moved by Councilman Hanks, seconded by Councilman Martin, to authorize Mayor Stern to attend the U.S. Conference of Mayor's Board meeting in Anchorage, Alaska, September 17-20, 1978. The motion passed 6-0. 12c. Communications from City Manager 13a. CLAIMS 1) Heal�h Advisary Committee explained the Health Advisory a meeting with the Council at Sep tember S, 1978, to review Health Services P].an. - The City Manager Committee requests 5:30 p.m., the 1979 Community APPROPRIATIONS AND CONTRACT PAYMENTS Upon motion by Councilman MelandVeT��iede�Claims Verif ied the iis t of Claims Councilman Elstrom, prepar�d by the Director of Finance and directed 1978, in the to the City Council date3.13gfor payroll were total amounts of $329,477.04 for vendors anand2CioY Treasurer were authorized approved, and the City Manager, City Clerk to issue checks in the same amount by a vote of 6-0. -319- 13b. 14. City Council minuCes, August Z1, 1978 I� was moved by Councilman Meland, seconded �y Contract Pa my �n�' Councilman Hanks, to waive reading and adopt R�Salutions 6095 & 6096 Resolution No. 6095innehahaeCreek Improvemen accepting Work on M ts - 6096, entitled "Resolution ro ect No. 78-39A,�� and Resolution No.. Im rovement No. 78-39B �� P j at Creekside Park, p , accepting work �n 1inalc�on �act payments: for the following f rovements, Proj ec�t 78-39A, 1, Final Payment, Minnehaha Creek imp Inc. Amount: 99,632.80. Wes t Suburban UtilitY �ontractors, � Pro'ect�78-39B, 2. Final Payment, Creekside Park landscaping$3�'877• Perkins Suburban Lawn Service. Amount: \/ J The motion passed 6-0. Adjournment Attest,: Beverly Fla Recording S n retary On motion Co�}ncilma �� by Councilman Meland, seconded by n Hanks, the meeting was adjourned at :34 p.m. by a vote of 6-0. � Ma ing or Stern -320- � � N