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Home My WebLink About1978/09/05 - ADMIN - Minutes - City Council - Regular1. �� 3. .�, _..�..-__-- _ __. Call to Order Invocation Ro 11 Ca 11 Also present were the Public Works Director. 4. Approval of Minutes MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 5, 1978 A regular meeting of the City Council was called to order at 7:32 p.m. by Mayor Stern. No invocation was given. The following Councilmen were present at roll call: Ronald Backes Lyle Hanks Jerrold Martin Martha Elstrom Keith Meland Irving Stern City Manager, City Attorney, Planning Director and It was moved by Councilman Meland, seconded by Councilman Hanks, to approve the minutes of the meetings held August 8(two), August 10 and . August 21, 1978, as presented. The motion passed by a majority vote. 5. Approval of Agenda 6a. The motion passed 6-0. It was moved by Councilma= Velthe�consenteagenda Councilman Backes, �� apP resented. for September 5, 1978, as p seconded by Councilman Meland, It was moved by Councilman Hanks, With the following additions: the agenda for September 5, 1978� . Re ort on City Community Health Service Consultant Report, llh, P Projects. The motion passed 6-0. Park Plaza to approve llg, Improvement PUBLIC HEARINGS Application for preli.minary p Iat approval; Park ment District) P1aza (within Diversified Develop ublished as described in Notice of Hearing p August 16, 1978• - 325- i . r � � �i�y Council minutes, September 5, 1978 Joel Thom, Cooper FoundaCion, stated the Foundation had dedicated a portion of its property to the City for the construction of the proposed Candlestick Drive. He noted the street may not be constructed, and the City will perhaps vacate the property to its former �Woethe southaandtsuggestedtthe has future plans�to extend its parking lot t berms required by the City to screen the parking area from Candlestick _ Drive would no longer have a purpose. There being no one further wishing to speak, the Mayor declared the hearing closed. Councilman Hanks noted the concept three liquor licenses; he felt, in should indicate whether it concurs establishments as proposed. plan for fairness with the the subdivision would require to the developer, the Council congregation of liquor Councilman Martin and Mayor Stern noted the Council has the final authority and should deliberate the matter at the time of liquor license application. Councilman Backes stated the Council previously approved the concept plan for the area which is consistent with the preliminary plat. � It was moved by Councilman Hanks, seconded by Councilman Martin, to approve the preliminary plat of Park Plaza, and that a f inal plat be prepared along with detailed plans for site grading, drainage and utilities. The motion passed 6-0. 7a. Notice of Intent PETITIONS, REQUESTS AND COMMUNICATIONS Notice of Intent to Conduct Bingo; City of Hope Chapter 147, Octob er 19, 1978. There being no discussion, the Mayor ordered the Notice to be received for f iling. 7b. Minnehaha Creek Mark Ennenga; Minnehaha Creek. Mark Ennenga, Izaak Walton League, complimented the Council and staff for their outstanding per- formance in completing the Creek cleanup, securing funds for this purpose and involving the Izaak Walton League in the project's planning stages. He referred to the Minnehaha Creek Watershed District de�ision to rescind money allocated to the project in its 1978 fund, in that the City received funding from other sources. He asked the Council to set forth a directive to obtain these funds. It was moved by Councilman Hanks, seconded by Councilman Meland, to authorize staff to communicate with the Watershed District and request release of the 1978 funds allocated to Creek maintenance and repair which would permit the City to construct additional sedimentation basins, etc. The motion passed 6-0. - 326- � City Council minutes, September 5, 1978 7�, Billboard; Highway 12/ Louisiana Avenue Request of Naegele Outdoor Advertising Compa�y to relocate billboard west of current location on southeast quadrant, Highway 12/Louisiana Avenue right of way. Nancy Jorgensen, Naegele Company, explained the existing sign was erected in 1952; the State Highway Department acquired the property in 1961. She said Naegele Company had been informed by staff in the State Attorney General's office that the lease between Naegele and the State refers to vacant land and not r_ight of way; she suggested proposed right of way is a separate definition from actual right of way, and she suggested it would be legal to allow the sign to be relocated as proposed. In her opinion, the City had three alternatives: 1) condemnation at an approximate cost of $11,400 to the City; 2) relocation of the sign to an area in the City zoned for this use at a cost to the City of $4,000 per face or approximately $6,000 for a double-f ace sign; or 3) authorize issuance of a permit to rebuild a 12x50-foot painted unit northwest of the existing structure. She said the Naegele Company had received a letter from the State approving this concept. Mayor Stern asked if the unit would be considered temporary. Councilman Backes noted the sign exists under conditions of the lease between Naegele Company and the State which contains a 60-day cancellation clause and wondered if the lease required the State to pay relocation costs. He continued that staff reports the City's Ordinance Code does not contain provision for granting permits in highway right of way. Ms. Jorgensen said it is the opinion of Naegele Company that if the Council authorizes relocation of the sign as proposed, it will be accomplished at no cost to the City; if the City or SCate condemn the structure, they must compensate Naegele f or its value. She added placement of the sign would be temporary, and at the time the land becomes actual right of way the sign will be removed. The City Attorney reported that in researching the City'�s Ordinance Code, no provision was found which provides authorization for placing a sign in right of way; the Attorney General's office clarified there is only a definition of "right of way," and the term "proposed right of way" has no legal status. He continued that in contacting the State for its interpre- tation, he was informed that if the property is owned by the State, it is right of way. Ms. Jorgensen reiterated that the lease with not right of�waySePShebadded� 1977, refers to the property as vacant land, ermit procedure, the although City staff suggested following the normal p Company did not f eel it necessary. -327- � ,, � , Ciry Council minutes, Sep�ember 5, 1978 Councilman rlartin felt relocating the sign on the site as • • he was, however, off ended by the inf erence be appropriate, that it would delay the street construction project for 60 did not approve its request. The City Manager explained thateanremoval of� the Naegele Company and request He added the State contends Naegele does not thus the lease is not valid. proposed by the days if would Company the City 1978, the State contacted the sign by August 18, 1978, have a permit for the sign, Councilman Hanks stated the City would not be responsible for relocati�; he also did not agree with the Company's three alternatives. It was moved by Councilman Martin, seconded by Councilman Meland, to approve moving the sign. The motion passed 5-1 (Councilman Backes opposed). Later in the meeting, it was moved by Councilman Hanks, seconded by Councilman Backes, to reconsider the Council's action. The motion failed 3-3 (Councilmen Backes, Hanks and Elstrom in favor). RESOLUTIONS AND ORDINANCES 8. None. REPORTS OF OFFICERS, BOARDS AND COMMITTEES 9a. Planning Commission 9b. Board of Appeals 9c. MEp�; Resolution No. 6099 Minutes of Planning August 23, 1978. Commission meeting held There being no discussion, the Mayor ordered the minutes to be received for filing. Minutes of Board August 24, 1978. of Zoning Appeals meeting held There being no discussion, the Mayor ordered the minutes to be received for filing. Application of MEPC American Properties, Tnc., for site plan approval for five-story office building at 5305 Gamble Drive. It was moved by Councilman Martin, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6099, entitled "A resolution grantin g site plan approval under Section 14-124 of the Sti• Louis Park Ordinance Code relating to zonin to ermi a five-stor atrium office building for property located in thegDDD at 5 t Gamble Drive. �� 305 The motion passed 6-0. �=-___r_ _.�._._--�-�°"'."'". �" '� City Council minutes, September 5, I978 �4. ��}ut ilus ��thletic Center; Application of Nautilus Athletic Center for Resolution No. 6100 special permit to install sauna at 5812 West 36 Street. � �. � , �� , Jon Schwartzman, Nautilus Athletic Center eaplained the size of the present facility will only accommodate a 6x6-foot sauna. Councilmen Hanks and Elstrom did not feel a need existed for a sauna of the size requested. It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6100, entitled "A resolution granting permit under Section 14-156 of the St. Louis Park Ordinance Code relating to zoning to permit a sauna in an athletic center for property located at 5812 West 36 Street." The motion passed 4-2 (Councilmen Hanks and Elstrom opposed). 9e. Target Shoppin� Center; Resolution No. 6101 Application of Ryan Construction Company for special permit to a11ow additional signs, temporary outdoor sales and parking lot modifi- cation at Target Shopping Center. It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6101, entitled "A resolution amending Resolution No. 5913 adopted December 12, 1977, granting permit under Section 14-195(1) of the Ordinance Code to permit a Commercial Development Unit for property located in the B-2, General Business District." The motion passed 6-0. 9f. Harrison House; Resolution No. 6102 Application of Harrison House for site plan approval for warehouse expansion in Diversified Development District at 5904 Wayzata Boulevard. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6102, entitled "A resolution granting site plan approval under Section 14-124 of the St. Louis Park Ordinance Code relatin to zonin to permit warehouse expansion for property located in Diversif ied Development District at 5901 Wayzata Boulevard." The motion passed 6-0. 9g• Hea�th Advisory Committee Minutes of Health Advisory Committee meetings held August 16 and 30, 1978. � There being no discussion, the Mayor ordered the minutes to be received for filing. - 329- �� 10a. Appointments City Council minutes, September 5, 1978 UNFINISHED BUSINESS Appointments . commissions. Councilman Martin, to unexpired term on the The motion passed 6-0. to City advisory boards and It was moved by Councilman Meland, �pprove Che Mayor's appointment of James Housing and Redevelopment Authority. � _ seconded by Heltzer to an Councilman Backes nominatcd Therese Stern, Larry Kelner, James McDonough, Jr., Stanton Rosen and Lynn l;olnick to terms on the Human Rights Commission. The nominations passed 6-0. Councilman Meland nominated Roberta Marquart to an unexpired term on the WesC Hennepin Human Services Planning Board. The nomination passed 6-0. It was moved by Councilman Hanks, seconded by Councilman Martin, to reappoint Robert Smith to a full term on the Fire Civil Service Commission. The motion passed 6-0. lOb. Mn/DOT Agreement; Resolution Nos. 6097 and 6098 lOc. lOd. Agreements with Mn/DOT for Highway 12/Vernon Avenue street reconstruction. It was moved by Councilman Backes, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6097, entitled "Resolution authorizing agreement between the State of Minnesota, Department of TransporL-ation and the City of St. Louis Park for construction of Trunk Highway 12 south frontage road detachment at Vernon Avenue, Project No. 77-11A (S.A.P. 163-278-04)," and Resolution No. 6098, entitled "Resolution authorizing the City of Golden Valley to enter into an agreement with the State of Minnesota to revise the traffic control signal with street lights on Trunk Highway No. 12 at Turners Crossroad/ Vernon Avenue." The motion passed 6-0. Bass Lake Bass Lake improvement August 21, 1978). plans (deferred from Councilman Elstrom, to deferltheaitemvto budCeuncilman Hanks, seconded by g t review. The motion passed 6-0. Meadow Tree Application for final plat approval; rieadow Tree (deferred from August 7 and 2I, I97g), - 3 30- _ .. _ ..._ _ .._ - --- - - _.�-"'"".+� � City Council minutes, September 5, 1978 . It was moved by Counci man Hanks, seconded by Councilman Elstrom, to table the item until the bond has been posted or the terms of the Ordinance Code adhered to. The motion passed 6-0. l0e• �'est 16 Street Park; Resolution No. 6103 � Land lease agreement, West 16 Street/Alabama Avenue tot lot; M. W. F. Company (Space Center). It was moved by Councilman Martin, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6103, entitled "Resolution authorizing execution of lease agreement for park land." The motion passed 5-1 (Councilman Hanks opposed). lOf . Co= Vacanc � � The motion passed 6-0. Park Market; Resolution No. 6104 Fou.rth Ward Council vacancy. It was moved by Councilman Meland, seconded by Councilman Martin, to appoint John Ralles as Fourth Ward Councilman. Variance request; August 21, 1978). Don's Park Market (tabled Joel Goldberg, representing the applicant, explained his client's confusion with the Council's previous action. He continued that a$6,050 cash bond has been posted to assure the City the cement will be removed and the conditions of the proposed resolution adhered to. It was moved by Councilman Meland, the item from the table. The motion passed 6-0. seconded by Councilman Martin, to remove seconded by Councilman Backes, to waive It was moved by Councilman Meland, entitled "A resolution granting vari- reading and adopt Resolution No. 6104, arkin spakes for a parking lot located between ance in required number of p g and 14-187(2)(d) a building and front property line from SectieTmit4alp7(3)�g)lot in the front of the Ordinance Code relating to zoning to p arking ard ack area of a building in the B-1 Business District aC 6320 Minne- y setb tonka Boulevard under specified conditions. It was moved by Councilman Hanks, secondFa the resolution to include a condita�alle� accommodate four parked vehicles p The motion to amend passed 6-0. �'he main motion passed 6-0• - 331- ,.�, r.�„ncilman Elstrom, to amend � P. �i�y Council minutes, lla. Tabulation of Bids appropriate respotisible bids by the City. The motion passed 6-0. llb. Driveway Variance; Gambles September 5, 1978 NEW BUS I� 13id tabulation; 1978-1979 tree stock. It was moved by Councilman Meland, seconded by Councilman Backes, to designate the lowest _ bidder.for each type and size of tree selected from Variance request for driveway width; Vernon Avenue at West 16 Street. Stanley Edwards, Gambles, stated the proposed 40-foot end entrances would be acceptable; the proposed 50-foot main (West 16 Street) entrance would not be sufficient to afford maneuverability of the oversized tractors and trailers required by a 38,000-square-foot facility, and requested the centier entranc� be increased to 60 f eet. Frank Matthews, Gambles, exhibited City plans which had been reviewed by �. the Company in March, 1978, indicating the center driveway width in excess of 50 feet; he stated at the time of review he was of the opinion the plans were final. It was moved by Councilman Backes, seconded by Councilman Hanks to reject the requested variance in driveway width. After discussion, the motion to reject was withdrawn. It was moved by Councilman Elstrom, seconded by Councilman Meland, to approve a 60-foot driveway entrance at West 16 Street assessing the cost of storm sewer reconstruction to Gambles. The motion passed 4-2 (Councilmen Backes and Hanks opposed). llc. Assessment Hearings Councilman Backes, 7:30 p.m., Projects September 27, 1978, and 78-Z9, Improvement projects - schedule of assessment hearings. It was moved by Councilman Meland, seconded by to set public hearings as follows: September 25, 1978, 72-33, 73-17, 77-01 &74-04, 77-36, 77-49 and 77-51; 7:30 p.m., Projects 72-12, 76-25, 77-02, 77-04, 77-28 The motion passed 6-0. lld. Community Health Service Plan; Resolution No. 6105 1979 Community No. 78-54). Health Service Plan (M. & �• It was moved by Councilman Meland, seconded by Resolution No. Councilman Backes to waive reading and ad�F� , 6105, entitled "Resolution a � community health services and submission ofp�r�ving plan for provisi�n °t Services Act subsidy," aPPlication for Community Nt�lth The motion passed 6-0. ..�, -332- � � City Council minutes, September S, 1978 , � Lab�r r� reement ; ,.e• Resolu��an HO• �10 1978 labor agreement between MAMA and Teamsters Local No. 320 (M. & C. No. 78-53). , It was moved by Councilman Martin, seconded by Councilman Meland., to waive reading and adopt Resolution No. 6106 entitled "Resolution estab Iishing police salaries nad insurance contributions effective January 1, 1978." - The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin, to authorize execution of contract by proper City officials. The motion passed 6-0. llf • 1979 Budget 5 p,m., September 13, 1978. llg. Community Health Service P la� 1979 proposed City budget. The Council agreed to conduct budget review meetings at 5:30 p.m., September 11, 1978, and St. Louis Park Community Health Service Plan (requested by Councilman Meland). �Councilman Meland requested the consultant � report relating to the City's Community Health Service Plan be included � on the October 4, 1978, agenda; he continued the Council could schedule a study session on this item at a later date. llh. Improvement Projects struction projects will be Report on progress of street improvement projects (requested by Councilman Hanks). Councilman Hanks stated he had received frequent telephone calls inquiring if the street con- completed prior to winter. The Cit Mana er said he was confident the work would be completed by that Y g time and explained a shortage of concrete has caused some of the de ay. 12a . Da_ mage Claims MISCELLANEOUS 1) 2) 3) 4) Perry M. Smith, 2645 Jersey Avenue Ken Vraa, 1625 Melrose Avenue Richard Aronson, 3656 Dupont Avenue Mrs. LeRoy H. Libby, 8214 West 14� Street. It was moved by Co.uncilman Meland, claims with City Clerk f or proper The motion passed 6-0: Councilman Martin, to file secondefl by Attorney. action by City Manager and City ` -333- �F.'�'II :.�,.. 4 ��y Council minutes, September 5, 1978 12b. Communications from M� 2) Fourth Ward Vacancy Councilman. 1) Mayor Stern announced conference and unable to 1978, Council meeting. he would be attending a attend the September lg� _�,yor Stern welcomed John Ralles, Fourth Ward After discussion, it was moved Councilman Hanks, to authorize the preliminary ball.ots taken Ward Councilman. The motion passed 6-0. 12c. Communications from City Ma.nager by Councilman Meland, seconded by the Sun Newspaper representative to inspect prior to the uilanimous ballot appointing Fourth None. CLAIMS, APPROPRZATIONS AND CONTRACT PAYMENTS 13a. Verified Upon motion by Councilman Martin, seconded by _ Claims Councilman Elstrom, the list of verified claims prepared by the D irector of Finance and directed to the City Council dated Septemb er 5, 1978, in the total amounts of $176,408.84 for vendors and $21,072.61 f or payroll were approved, and the City Manager, City Clerk and City Tr�asurer were authorized to issue checks in the same amount by a vote of 6-.0. 13b. Contract Payments; Resolution No. 6107 bridge, Improvements 72-21, contract payment: It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6107, entitled "Resolution accepting worlc on paving, curb and gutter and 77-04, 77-28 and 77-50," on the following final 1. Final payment, paving, curb, gutter, bridge, Projects 72-21, 77-04, 77-28 and 77-50, C.S. McCrossan, Inc. Amount: $50,711. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Elstrom, to approve and authorize the following payments: 2- Partial pa ent, paving, curb and gutter, Projects 77-11A, 77-11B and 74-22, Part I, Hardrives, Inc. Amount: $64>252•84' 3. Partial payinent, pavin 78-p3, 78-33, 78-37 and�77u61, Amount: $I03,524.53. 4. Partial a ment, paving, curb 76-34, 78-p6, 78_21 7g_36 and Amount: $91,036.63. ,� � The motion passed . � , 6-0 . - 3 34- and gutter, Projects 78-01, C. S. McCrossan, Inc.� J and gutter, Projects 78-�2� 78-34, Bury and Carlson, Inc. s._ — - - - � �,__._ .. _ - __- -- - - City Council minutes, September 5, 1978 a�'ournment On motion by Councilman Tieland, seconded by Councilman Elstrom, the meeting was adjourned at ��:25 p.m, by a vote of 6-0. t.. '� : �� ,i �k . � �______ ' Irving M. Stern Mayor actest: Recoralu� ��--� - 3 35-