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HomeMy WebLinkAbout1979/05/07 - ADMIN - Minutes - City Council - Regularl. 2. 3. MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 7, 1979 Prior to the regular meeting, the City Council met to study and discuss street revocation of portions of Cedar Lake Road, France Avenue and Excelsior Boulevard (Agenda Item lOd). Representatives from Hennepin County Department of Transportation were present at the session to respond to Council questions regarding the role of the County in the process. Issues relating to the timing of the revocation, intersection and road upgrading, road maintenance, signalization of certain intersections and road extensions were discussed. It was determined that additional discussion of the issue regarding the revocation may be needed. The Council agreed to deter action at the regular meeting until May 21, 1979. In addition, the Council was addressed by Mr. and Mrs. Fred Rettig, 3222 Rhode Island Avenue, regarding problems associated .in recovering personal property which was stolen from their premises during a 1978 burglary. The Council expressed sympathy to the Rettigs, but indicated the City is limited by law regarding access to the crime computer, juvenile identities and items secured in the City's property room. Call to Order Invocation Roll Call A regular meeting of the City Council was called to order by Mayor Stern at 7:35 p.m. None. The following Councilmen were present at roll call: Ronald Backes Lyle Hanks Keith Meland Irving Also present were the City Manager, City Attorney, Public Works Director. . 4. Approval of Minutes Charter Commission meeting Martha Elstrom Jerrold Martin John Ralles Stern Planning Director and It was moved by�Councilman Elstrom, seconded by Councilman Martin, to approve the minutes of the City Council/Housing Authority meeting held March 27, 1979, and minutes of the City Council/ held April 3, 1979. The motion assed by a majority vote; members not present at meetings abstained. P -119- """�!� � � City Council minutes, May !� �979 S, Approval of Agenda The motion passed 7-0. I� was moved by Councilman Meland, Councilman Ralles, to approve the May 7, 1979, as presented. seconded by consent agenda for Councilman Ralles, to approve It was moved by Councilman Martin�heefollowing additions: 7b, Revenue Bonds, the agenda for May 7, 1979, Wl�h Code of Ethics• Darrell Farr; 7c, Senator Lewis Scholarship Fund; 9n, � lOj, Pilot Energy Project. The motion�passed 7-0. 6a. Wooddale Parking Lot PUBLIC HEARINGS Improvement Project 79-16, Wooddale/Excelsior Boulevard parking lot (continued f rom March 12 and April 2, 1979. . � James Kubovec, First Federal Savings and Loan Association, reiterated past statements presented to the Council opposing any assessment to the Association for the proposed parking lot, in that the firm would not derive benefit from its construction; he requested some form of stipulation that First Federal would not be assessed. Mayor Stern explained the position of First Federal had been recorded in past minutes and would again be recorded. It was moved by Councilman Hanks, seconded by Councilman Ralles, to continue the hearing to June 4, 1979,.at which time Mr. John Billman would be present. The motion passed 7-0. 6b. Citiz2ns Bank Zoning Change Application of Citizens State Bank f or zoning ehange from B-1 to B-2 at 3009 Joppa Avenue, as described in Notice of Hearing published April 25, 1979. There being no one wishing to speak, the Mayor declared the hearing closed. Councilmen Martin and Meland noted that in the past, a request to change the zoning to B-2 had been denied for the property and wondered why staff recom�►ends th� change at this time. They also believed it important that the Council consider all of the uses permitted in the B-2 District. Counci�man Hanks said he shared the concern that a restaurantor liquor would be located on the property, but noted the uses are not recommended in the Comprehensive Plan and are only permitted via special permit; therefote, the Council would have the final authority. He also wondered if it would be correct to require a zoning change solely for the entrance of a business. -120- } � City Council minutes, May 7, 1979 . The Planning D rector explained that since the past zoning change was tejected, a Comprehensive Plan amendment had been adopted designating appropriate land uses for the south side of Minnetonka Boulevard and unacceptable uses for the north and south sides of the street. He continued that a11 uses mentioned are special permit us�s, and should a request be received for an unfavorable use the Council can make t5e decision. He added the particular block being con-� sidered is isolated from the north side of Minnetonka 8oulevard, there is no abutting single-f amily development, and it is ringed with a thoroughfare syst�m. He said the proposed bank could be operated in a B-1 zone, but the drive-in stacking area requires B-2 zoning. Councilman Meland suggested the stacking of vehicles could cause problems at the site, and thought another use might be more appropriate.- The Planning Director explained traff ic counts for drive-in banks are only higher-at peak times of each day or on Fridays. . Mayor Stern stressed the Council is considering a proposal for quality development which the area badly needs. It was moved by Councilman Melandx seconded by Councilman Martin, to reject. the requested zoning change. In response to Councilman Backes, the Planning Director explained that if first reading of the ordinance is passed, the special permit application would be placed on the May 21, 1979, agenda for consideration, if second reading of the or�inance is approved. He continued that the Planning Commission recommended approval o�f the special permit.and completed plan. � The motion to reject was withdrawn. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive fiZst reading of the ordinance and set second reading for May 21, 1979. The motion passed 7-0. 6c. TGI Thursday's; Liquor License Application of TGI Thursday's,Inc., for on-sale, Sunday-sale intoxicating liquor license, described in Notice of Hearing published and 18, 1979. . There being no Mayor declared as � April 11 one present wishing to speak, the the hearing closed. Allen Murray, senior vice president of In response to Councilman Meland, , r �ttle TGI Thureday's, Inc., stated the restaurant would operate as TGI Friday s. firm is a subsidia�'y of Carlson Company, Inc., of Minneapolis, and Klodt Company, Inc., owns the land (Park Place).• � Res ondin to Councilman Meland, Dave Johnson, r�pre8enf�om Kraue Anderson p g around January, ]-97 , said Klodt �acquired the property 2, 25 per �uare f oot f or 13 acres e t�e for $1.3 million, o= approximately $ continued Chat TGI Friday's wi11 lease the property. , -121- City Co�ncil minuCes, MaY �� 1979 j an Hanks noted discussions have been held about two liquor licenses Gouncilm being considered and one for a hotel/motel; for the area; the one currently he wande�ed wi��n �he Council would be receiving an application. Mr, Johnson expl.ained final approval has not been sought for, the hotel pro�eCt� however, it is the intenrion of the developer to request a liquor license. HQ continued t�at a fa�nily-stY1e restaurant without liquor is also planned for the area. It was moved by Councilman Martin, application. The motion passed 7-0. 6d. Spirits of St. Louis; �i Liquor License � d � seconded by Councilman, to approve the Application vf Spirits of St. Louis for transfer of off-sale inCoxicating liquor license, as described in Notice of Hearing published April 18 and 25, 1919, ,� Paul Solstad, applicant, gave a brief summary of his background and stated he would, with the cooperation of the owners, complete the carpentry on the building, repair the windows and sign and install land- scaping (some of which is in ten inches of concrete) ; he said some improvements to the interio.r are also warranted. Responding to Councilman Martin, he explained it is the intent to maintain the business as it is presently operated. � There being no one further wishing to speak, the Mayor declared the hearing - � closed. It was moved by Councilman Martin, seconded by Councilman Meland, to approve the application. The motion passed 5-1-1 (Councilman Hanks opposed; Councilman Ralles abstained)• 6e. 4015-4021 Yosemite Avenue Zoning Change Application of Building Coordinators/American Legion Club f or zoning change at 4015 and 4021 Yosemite Avenue (continued from March 12 and April 16, 1979). Nate DeLue, representing the Legion Club, believed in that one-third of the block on the west of Yosemite is zoned commercial, it appeared common sense to rezone 4015 Yosemite conIInercial rather than the existing zoning. Councilman Hanks said the Council has attempted to help the situation, but the two applicants decided not to exchange the land. John Brook, vice commander of the American Legion, noted a hole exists on � Mr. Bird's 1ot and there is poor drainage on the other; he said the Councii �'�s' consider the property in the future. Mayor Stern suggested nothing remains for the Council to consider,in that the land does not belong to the City. -122- City Council minutes, May 7, 1979 Robertt Bird, owner of 4015 Yvsemite Avenue, stated the rezoning request has been withdrawn and he would construct a single-family house on the property. He said he had made an offer to the Legion Club whereby he would develop the lots and lease 4015 Yosemite to the Club for its parking needs. He also requested that the current parking on 4021 Yosemite be ceased, in that the property is zoned single-family. He requested that the Gravely Company also required to operate within the Zoning Ordinance requirements of the City. There being closed. no one further wishing to speak, the Mayor declared the hearing It was moved by Councilman Hanks, seconded by Councilman Meland, to reject the application for zoning change. The motion passed 7-0. PETITIONS, REQUESTS AND COMMUNICATIONS 7a, Franklin/ Westmoreland Lane Franklin Avenue/Westmoreland Lane neighborhood traffic (requested by Mayor Stern). Mayor Stern reported that following removal of the stop signs at Franklin Avenue/Westmoreland Lane, the speed of vehicles travelling Westmoreland Lane has become excessive, and.the neighborhood con- siders this to be a safety hazard. Robert Maisel, 8721 Westmoreland Lane, presented a petition requesting the establishment of a 25-mi1e-per-hour maximum speed zone on Franklin Avenue west of Westwood Hill.s Drive and Westmoreland Lane. It was moved by Councilman Meland, secondedebS�atenCommissionersoftHighwaysize staff to prepare a resolution requesting th to authorize the establishment of a 25-mile=per-hour speed limit as requested, for adoption May 21, 1979. � The motion passed 7-0• It was moved by Councilman Meland, seconded by Counanemwithalellow/black orize replacement of the existing signcati nssadvisingdmotorists that the speed is advisor si ns in appropriate l0 11 25 miles per hour, including "Watch for chi�.dren signs. The�motion passed 7-0. 1b. Mortgage Revenue Bonds; Darrell Farr - T rantin reliminary approval for Resolution $ � p Darrell Farr Development mortgaSe revenue�bonds; Cqrporation, Excelsior Boulevard Redevelopment Distri,ct. ' � � als, deacribed the proposal. he Warren Preesh]., Miller and Schroeu�e �en�on�idering revised legislation on noted although the State I:egislat reliminary resolution on file. the matter, it would be helpfu� tio have a P �.nion on the Councilman Me�and asked i£ request. ths City's bond counsEl had given an op -123- City Council minutes, May 7, 1979 revious opinion from the bond counsel states The City t�tanager explained thati� not eligible. the proposed type of �inancin� It was moved by Councilman Meland, the item. The niotion passed 7-0. 7c. Lewis 5chola�'shi.p Fund _r_____----- contri.bution. seconded by Councilman Ra11es, to table Senator Robert Lewis scholarship fund. Judy Graham, 3235 Webster e�Councileconsider�ae f.und �nd requested tha� th Council members st��ed tti�.t although they admireci and respected the late �� � Senatar Lewis, it wauld be ina�propriate to exnend taxpayer's money for the purpose. ' ..,..."�i Ms. Graham invited individual members of the Council to contribute. Sa. Veterinary Cl�inic; Ordinance No. 1440 R�SOLUTIONS AND ORDINANCES Second reading of Ordinance Code amendment permitting veterinary clinic in Diversified DevelopmenC District (deferred from April 16, 1979). It was moved by Councilman Ra11es, seconded by Councilman Meland, to waive reading and adopt Ordinance No. 1440, entitled "An ordinance amer�ding the St. Louis Park Ordinance Code related to the Diversified Development District Guide Plan related to a veterinary clinic." The motion passed 6-1 (Councilman Hanks opposed). 8ti. Diseased Elmwood Councilman Martin, f or May 21, 1979. Ordinance Code amendment relating to diseased elmwood. It was moved by Councilman Meland, seconded by to waive f irst reading of ordinance and set second reading The motion passed 7-0. g�, Holiday Stores; Resolution No. 6256 Reso�.ution of denial; Holiday Station Stores' application for nonintoxicating liquor license. The Council adopted Resolution No. 6256, entitled "A resolution relating to the application of the Holiday Station Stores for off-sale nonintoxicating malt liquor licenses," by consent. -124- r � ; � � City Council minutes, May 7, 1979 , �,;c� r hv3v Addition; �ci . Resolution No. 6257 Resolution authorizing Northway Addition. reduction in cash bond; The Council adopted Resolu[ion No. 6257, entitled "Resolution accepting partial completion of work and authorizing a reduced cash bond for remainder Northway Addition," by consent. REPOR?S OF OFFICERS, BOARDS AND COI�4ITTEES gg, Com�nunit� Relations Commission gb. Health Advisory _� Comanit tee gc. Park and Recreation 9d. Financial Report 9e. Planni� Commission 9f. Housin Authority 9g. TGI Thursday's; Resolution No. 6258 Minutes of Community Relations Commission meeting held April 19, 1979. The minutes were ordered filed by consent. Minutes of Health Advisory Committee meeting held April 25, 1979. The minutes were ordered filed by consent. Minutes of Park and Recreation Advisory Commission meeting held April 11,�1979. The minutes were ordered filed by consent. Monthly financial report - April, 1979. The report was ordered filed by consent. Minutes of Planning Commission meeting held April 18, 1979. The minutes were ordered filed by consent. Minutes of Housing and Redevelopment Authoxi�y meetinga held April 10 and 2u, 1979• The minutes were orclered filed by consent. ermit request o� TGI Thureday'g, I�c., 5pecial p <nte to construct Clase I rest�urant at 587� Wa�►�: Boulevard. the aPpli.cant, stated Allen Murray, representing . i d within the reeolution.' he ag�'eed to the sevet� conditions conta ne t� Wg��� seconded by Counci].man RAI.�.ee, It was moved by Councilman Backes � entitled ��A x��ol.ut�.o��8�n�e�n5gC� �on reading and adopt Resolution No. 6258, 1978� &�8n�ing p�xm o��ice Resolution No. 6173 adoPted November 20o xon�ng ti� Pe�miC a ni�e-etory • 14-124 of the Ordinance Code relatin8 h�n ��enue and a Cl�e� � re�'�a�rAnt at building and drive-in b,ank at 1355 Zgiocatied in Che n���r����-ed Development 5875 Wayzata Boulevard, for property District." -125- The motion aaeBed 7-0 gh. Land Exchange City Council minutes, MaY �� 1979 osal of Park Assembly of God Prop exchange land with th14CStreetr Avenue south of West Councilman Hank.s sugg ested that prior be provided additional information. Church to expansion at Texas to taking action, the Council should Bud Fransen, 3816 Kipling Avenue, representing the Church, presented a drawing of the proposal which would require some f illing of the pond; a 50-foot area would remain for path and landscaping. He said to the north and east of the pond the land are deteriorating due to winds; on the Church side of the pond, the land is stabilized. It was moved by Councilman Hanks; seconded ""''�''` matter to staff for study/negotiations. � � .,�- � � The motion passed 7-0. B. Dalton Bookseller by Councilman Meland, to ref er the Special permit request of B. Dalton Bookseller to allow extension of drive-up window permit at 5001 Excelsior Boulevard. Councilman .Meland referred to staff's recommendation contained in the Planning Department report dated April 13, 1979, that if approved, the special permit �t be granted for more than two years and that the applicant agree to participate in the extension of the plaza area/pedestrian system from Miracle Mile to the St. Louis Park Clinic which would be located adj�acent to the south wall of the subject building. He wondered if the extension would be funded by a special assessment. The Planning Director explained staff has not identif ied precisely how the improvement could be accomplished, but consideration has been given to business cooperation, tax increment, assessment, etc. Tom Burke, Company to cooperate. B. Dalton Bookseller, stated although he could not commit the spending a large amount of money, the f irm would be willing to It was moved by Councilman Meland, seconded by Councilman Martin, preparation of a resolution granting permit for adoption May 21, include the recommendation of staff; staff was directed to notify applicant of the proposed conditions. The motion passed S-2 (Councilman Hanks and Mayor Stern opposed). to authori2e 1979, to the Councilman Martin requested that the Police Department be cc ntacted to determine if any problems exist due to the location o.f the drive-up window. In response to Councilman Elstrom, Mr. Burke explained the function of the window is mainly to aid handicapped persons and is used approximately three or four times each month. He added it has helped people who wo�ld find it difficult to lea.ve their automobiles. -126- �l ,; `• _ City Council minutes, May 7, 1979 9 j, C 1 tv }{��1 Garage; Special permit rec�uest of Cit of St. y Louis Park to Resolution No. 6259 conatruct gatage at 5005 Minnetonka Boulevard. It was moved 6y Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6259, entitled "A resolution granting permit under Section 14--124.101 of the St. Louis Park Ordinance Code relating to zoning to permit construction of a garage for property located in a Planned Unit Development District at 5005 Minnetonka Boulevard." The a►otion passed 7-0. 9�, Veterinary Clinic; Resolution No. 6260 9L. Specia�, permit request of Af f iliated Emergency Veterinary Services to locate clinic at 5305 Cedar Lake Road in DDD. It was moved by Councilman Marti�,, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6260, entitled "A resolution granting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to permit a veterinary c linic f or property located in the Diversified Develop- ment District at 5305 Cedar Lake Road." The motion passed 6-1 (Councilman Hanks opposed). A1_ ley Preliminary engineering report, Project 75-39; Pavin alley paving between Edgebrook Drive and North Street. The Council set public hearing on the improvement for May 21, 1979, by consent. 9m. France Avenue Vacation Report on requested street vacation o£ France Avenue nortli of Randall StXeet (requested Apx'il 2, 1979). The Council was informed that George DuFour is no langer interested in the suggested vacation. • It was moved by Counc ilman Hanks, seconded by Councilman Melsnd, to table the request for street vacation. The motion paesed 7-�• 9n. Ethic� the Council and �ropo�ed code of Code adopted by a concl.uc�l.on a�td con�ider�tion of Cdde. Code of L'thics (x'eQ�Est�d ,by Cou���.i1�in.:�n ������= �) • Councilm�n BAC�C.@9 repc�rreci t1��1t �hicc memt�ers o� three me ntbers of. Che Chart�r CAmmissit�t1 nieL i° w��..l`� �s thc eth�.c� preaenCed bY til�e Cl��rter on�rili tCec�d�id i�ot� arr tve ��k the Council. I�e s��id �h� �j��.nr c •a direcr�.v�� ancl Ca«nc:t]. rea�t:.�on With:i.n(tt.h����civk��c�y requeHt� aome or al]. of tha pro�'�s1.an� c�nt:pz�.rie w � City Coun�il minutes, May 7, 1979 James Hyde, Cha rter Commissioner, noted the adoptWithoconflictdof recommendations of the Charter Commiscement�land a prop osed board financial disclosure, method of enfor He conti nued that the Commission believes the inclusion of t ese necessary to complete a document on ethics. interest, of ethics. items is , . . . Councilman Elstrom noted the State Legislature is considering provisions for financial disclosure which could possibly be mandated in the future; therefore, it would not be appropriate to deal with the matter at this time. It was moved by Councilman Meland, seconded by Councilman Hanks, that following conclus.ion of the Legislative sessioncontinueathe�studytwith� the three-member committee of the Council will the intention of submitting an�ethics code provision on f inancial dis- closure for Council approval. Councilman Meland believed the item under the �—�!�"� for inclusion in the Charter, and therefore it � the Charter Commission to study the item. � realm of legislation and not would not be appropriate for � Councilman Backes explained the Charter Commission would expect to review the �` matter, in that it recommended its inclusion originally. Mayor Stern said he would oppose the motion, if a committee of the Charter Commission would not be involved in the continued study. Natalie Gau11, Charter Commissioner, explained the Commission can call for a referendum and.allow the voters to decide the matter and, therefore, wou�d like to work together with the Council. Councilman Meland noted tfiat all Council meetings are subject t Mzeting law and any interested parties can attend. In response Stern, he agreed Commission members could be notified when Che committee meets. o the (� en to Mayor Council Councilman Hanks agreed the Code should be legislative, but he did not oppose any citizen being involved in its review. Councilman Meland explained the provision relating � not only applies to Council members, b ut would be persons representing themselves before the Council other than homestead. to financial disclosure applied equally to in any other capacity Councilman Martin stated the proposed provision would require closure of potential conflicts of interest; however it would to administer, not knowing in advance who would be addressing during any year. annual dis- be difficult the Counci� Councilman Elstrom believed the provision would�be adopted in some form by the Legislature, and the committee meeting might never occur, She suggested the matter was.not a function of the City Charter, nor a function of the Commission to propose a code of ethics for the Council. She said codes aFe made by the people who submit themselves to the code and not by outside parties, and the Charter Commission did not f all into that category. -128- r .^- City Council minutes, May 7, 1979 I� was moved by Councilman �ianks, seconded by Councilman Ralles, to table the item�. . The motion to ta le failed 2-5 (Councilmen Hanks and Ralles in favor). Co�ncilman Meland noted the Charter Commission members are appointed by a judge and legislative action should be solely under the jurisdiction of the Council. He said the issue is not too clear whether the code should or �hould not be in the Charter, but serious consideration should be given to the establishment of a pre�edence for Charter Commission involvement in legislative matters in that the Co�ission has no accountability for its actions. Ethel Graves, Charter Commissioner, explained the Coimnission's version of the code contained many provisions currently contained in the Charter, and the Commission attempted to combine all related provisions into one document. She said the Commission desires to participate in any future review process. Councilman Elstrom explained the Council committee attempted to assemble a document and to eliminate items already within State law, the City Charter, etc. � It was moved by Councilman Backes, seconded by Councilman Meland, to amend the main motion and reactivate the Council ethics committee to reconsider�the adopted Code and to review the additional information received from the Charter Commission. � Mayor Stern stated it is not the intent of the Charter Commission to tamper with the Charter, and he urged that the motion not be passed and that a joint committee meet to review the matter. The motion passed 5-2 (Councilman Martin and Mayor Stern opposed). 10a. Appointments UNFINISHED BUSINESS Appointments to City advisory boards and commissions. Councilman Martin appointed William Barbeau to an unexpired term on the Human Rights Commission. � The appointment was approved 7-0. Councilman Elstrom appointed Richard Friedlander to the Aquila position and Ha.ns F. Tronnes to the Lake Forest position on the Community Relations Comrnis s ion . The appoinCments were approved 7-0. Councilman Ralles appointed Jacquelyn Ingersoll Planning Commission. The appointment was approved 7-0. � -129- to an unexpix�ed term on tl�e .� � , : ,.�,;:� _- —= � _� � � � l lOb. Section 2.04; City Charter City Council minutes, May 7, 1979 dment to Section 2.04 of the City Proposed amen Charrer relating to disqualif ication for appointive office. Natalie Gaull, Charter Commissioner, explained t�s.�S�l�ontinued�that substantial time reviewing the he°amendmentsaonnFebruary 5, 1979, it did although the Counci1 rejected t not indicate its reasons f or doing so. Councilman Martin believed the staff report inaectedtonathatibasisingHend suggested the amendment to Section 2.04 was re� interpreted "maintain employment" to mean contatusdofether mployeeHtoswhere the Charter amendment would only change the st he or she is no longer performing the job func�ti�one�forming would notabeence, and Che positions of councilman and employee n P incompatible. He said the terms "employment " and'leave of absence" are not the same. Councilman Martin referred to the statement employment must be terminated �� prior to taking office" in the staff report and said it does not exist in any home rule charter in the State. He further stated it would be a penalty to not allow an employee to return to his or her employment af ter serving the City as councilman. Mayor Stern relinquished Lyle Hanks. the chair which was accepted by President Pro Tem It was moved by Maryor Stern to direct the preparation of an ordinance amending the Charter for public hearing. There was no second to the motion. Councilman Backes noted the Council had conducted a public hearing on the amendment at which time it was rejected. The President Pro Tem summarized the four procedures by which a home rule charter could be amended. Councilman Backes said the Council is aware that the status of Councilman Martin was a matter of litigation and the courts ruled on the matter; the ruling was appealed and the Council decided it would be �n the City's best interest to pursue negotiations, and the Council presented an offer in that regard. Ethel Graves, Charter Commissioner, explained the Commission did t►ot view Lhe amendment to Section 2.04 as a remedy to any one individual. Responding to the President Pro Tem, Commissioner Graves stated neither amendment received a unanimous recoQmendation of the Commission. Councilman Martin said the proposed amendment was discussed not on the basis that it was good for himself, but for a11 employees in general. Mayor Stern concurred with Councilman Martin. He s�id the citiaens selec[t� Councilman Martin as their representative. -130- City Council minutes, May 7, 1979 Councilman Martin said he had yet to hear a legitimate argument stating h�s status as an e�nployee on leave of absence is harmful to the City. He s3id he was elected in November, 1977, and administered the oath of office in January, 1978; theref ore, according to the Council's position, it engaged i� an illegal act. He asked the Council to explain how employment and leave of absence are the same. The President Pro Tem said it �aould be appropriate to conduct a referendum and allow the electorate to decide if it wishes City employees to hold office. He believed the majority of the votets who elected Councilman Martin probably felt they were not voting f or a candidate who would continue employment with the City. Councilman Martin requested that the Council postpone action regarding employment until after the November election, should the matter be placed on the ballot. The President Pro Tem noted the proposed amendment, as recommended by the Charter Commission, would be retroactive to January 1, 1977. Councilman Martin explained he did not request retroactivity; the Comanission believed it would be unf ortunate to have one employee suffer due to the current composition of Section 2.04. There was no action on the item. Mayor Stern assumed the chair. lOc. Section 2.09; City Charter . James Hyde, adoption of February 5, Proposed amendment Charter relating to tion. � to Section 2.09 of the City interference with administra- Charter Commissioner, stated the Commission strongly urges the proposed amendment which was rejected by the Council on 197 9. Councilman Backes would be aware of sanction." asked how the process would be implemente�f��hOblice Council interference and requested a definition P Commissioner Natalie to police itself , a�id Manager. Commissioner Hqde i Gaull explained it would be the intent for the Council rhat employees would report violations to the City stated a motion at the Council level would be considered public sanct on. but he explained Mayor Stern believed the intent of the amendmen� eXCdifferent. He su�gested that from the perspective of the Counii1totreverse the r�le of the employer/ the amendment would require the Coun �Ve more authority to the employee relationship, and asks the emPlOyer �O g overnment and concurred er form o� g but noted employee. He reviewed the Council/Manag the Council/ e intent of the Charter Commisso�Weaken rrect, with it. He added th and t safeguards currently exist withinWeakenhtheegovernment• Ma.nager relationship would be to -131- � _ -_--, �.. _._,. . . � city Council minutes, May 7, �-979 orted the rejection in that a possibility Councilman Melenamendment would confer upon the City Manager a certain amount exists that th o�itical process of the Council and could even bring of participation in the p about censure. revious statements Councilman Hanks concurred W��hur ose intended. amendment would not serve the p P and said the proposed Dolly Brandwine, League of Women Voters, requested that informed of similar discUssions in the future, enabling representative to participate, She believed the present excellent and working well in St. Louis Park. There was no action on this item. lOd. �treet Revocations; Resolution No. 6261 the League be the presence of a form of government Revocation of portions of Cedar Avenue and Excelsior Boulevard April 16, 1979). Lake Road, France (deferred from Prior to the regular portion of the meeting, the Council reviewed the proposed revocations (see f irst page of minutes). It was moved by Councilman Hanks, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6261, entitled "Resolution authorizing agreement between the City of St. Louis Park and the Minnesota Department of Transportation for the restoration construction of Highway 169 between Highway 100 and Highway 121 (France Avenue)." The motion passed 7-0. It was moved by Councilman Hanks, seconded by Councilman Meland, to defer adopting the resolution relating to Cedar Lake Road and France Avenue until May 21, 1979. It was the opinion of Councilman Hanks that several items should be addressed prior to making a final decision. The City t4anager stated staff recommends complete reconstruction of Cedar � Lake Road and its possible inclusion in the 1979 Cedarhurst improvement project. The Public Works Director said it was his assumption from the study session that revocation of the streets was acceptable to the Council; he requested direction, should the Council defer action. The motion passed 7-0. 10e. Minikahda Oaks Improvement Project 79-01; Minikahda Oaks street construction. It was moved by Councilman Councilman Ralles, to amend the project design by not sac at Glenhurst Avneue south of West 34 Street; that Street be 26 feet near France Avenue and 20 feet near install a sidewalk on the west side of France Avenue Boulevard and West 34 Street. Nanks, seconded by constructing a cul-de- the width of West 3'+ Glenhurst Avent�e; �p between Excelsior -132- - `� � City Council minutes, May 7, 1979 The motion passed 7-0. Zt was moved by Councilman Hanks, seconded by Councilman Ralles, to approve the project including the amendments. The motion passed 7-0. lOf. Excelsipr Boulevard; Hennepin County Excelsior Boulevard plan approval; Resolution Nos. b262 & 6263 Methodist Hospital to west City limits. It was moved by Councilman Aanks, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6263, entitled "Resolution requesting the Hennepin County Board of Commissioners to provide County funds for the installation of street lights on Hennepin County State Aid Highway No. 3," and Resolution No. 6262, entitled "Resolution authorizing the construction of improvements along Excelsior Boulevard from Methodist Hospital to the western limits of the ci�y." The motion passed 7-0. lOg. Hotel Plan Hotel plan, Excelsior Boulevard Redevelopment District (requested by Councilman Meland). Councilman Meland believed a potential problem could exist, should the City become involved in the marketing of the hotel proposed for the tax increment district. He continued that at the present time, there are at least two developers attempting to market land for a hotel in the City, but they would not receive any comparable advantage to the tax increment district inasmuch as the current industrial revenue bond law does not permit them to finance hotels in that fashion. lOh. City Hall Garage in the amount of $1,700, The motion passed 7-0. 10i. Letter of Intenti lOj. City Hall garage change order. It was moved by Councilman Hanks, seconded Councilman Martin, to approve Change Order amending Contract No. 1333 from $258,400 to by No. 1, $260,100. Letter of intent for three-acre parcel in Excelsior Boulevard Redevelopment District; Darrell Farr Company. The Couneil approved the letter by consent. Energy Study Comp rehensive Community Energy Managemen� Program; Argonne Laboratories (requested y Councilman Meland). Gouncilman Meland requested that the resulte of be sup�lied to the Council. as information. . -�33- the City's program evaluation � �_�,' ''���`��,,��. ,,.^'��4 y . . � ' ;L�_ ' lla. St� re�t Li htin ��ty Council minutes, May 7, 1979 N�W BUSIN�SS Street lighting contract (M. & C. No. 79-14). It was moved by Councilman Hanks, seconded by Councilman Backes, thaC the contract proposed by r1SP be re�ected and the Council. authorize exeeuui°ment,an energy-rate contract with NSP on City-owned street light q P The motion passed 7-0• _ llb. Police Salaries; Resolution No. 6264 Ordinance No. 1441 "„�..,,�,�� establishing police ending December 31, 1979-1980 police salaries (M. & C. No. 79-15). & ^ It was moved by Councilman Backes, seconded by Councilman Elstrom, to waive reading and adopt , Resolution No. 6264, entitled "Resolution salaries and insurance contributions for the years 1979, and December 31, 1980." The motion passed 7-0. It was moved by Councilman Backes, seconded by Councilman Hanks, to waive �' reading and adopt Ordinance No. 1441, entitled "An ordinance authorizing the � transfer of funds and providing appropriations for salary adjustments for year ending December 31, 1979." .�� The motion passed 7-0. llc. Bid Tabulation Bid tabulation; Vernon Avenue street lighting. The Council designated Collins Electric Company lowest responsible bidder and authorized execution of a contract at $169,230, by consent. lld. Fire Inspections Fire inspections of hotel/motels. The Council authorized the Mayor and City Manager to execute an agreement with the State and provide hotel and motel fire inspections by consent. lle. 3156 Louisiana Avenue Parking study, 3156 Louisiana Avenue; Donald Colvin• Donald Colvin, 3156 Louisiana Avenue, explained that due to the redesign of the area, dif f iculties have been experienced gaining access to his property, parking, etc. The staff report was summarized and the Council discussed various options• It was moved by Councilman Ralles, seconded by Councilman rfartin, to provide 30 feet oF� on-street parking on West 32 Street for a period of six months. -134- � � � , City Council minutes, May 7, 1979 Councilman Meland stated the inconvenience being suffered is in part due to actions of the City Council and Housing Authority,.and any solution w•ould be temporary subject to the future improvement of Louisiana Avenue. Therefore, he said the on-street parking should be permitted as long as the resident suffers the inconvenience. The motion was amended to delete the six-month provision. The motion, as amended, passed S-2 (Councilmen Hanks and Elstrom opposed). llf . Park Pizzeria 12a. Dama e Claims The Council authorized City Manager and City 12b. Communications f r om .May or Nonintoxicating liquor license application; Park Pizzeria, 4600 Excelsior Boulevard. The Council set public hearing on the applicativn for May 21, 1979, by consent. MISCELLANEOUS � _ �� . • �� . Earl Bellows, 3049 Monterey Avenue Roland Larson, 2442 Gettysburg Avenue Ortley Motor & Marine, Inc. Hartley Kartak, 3627 Kiplina Avenue f iling of claims with City Clerk for proper action by Attorney, by conaent. 1) Mayor Stern reminded the Council that on June 13, 14 & 15, the annual Conference of the League of Minnesota Cities would be held at the Radisson South. It was moved by Councilman Hanks, expense of a room. , The motion passed 7-0. seconded by Councilman Martin, to pay the 2) Conference of Mayors -.Mayor Stern explained he did to represent St. Louis Park ae Mayor in the midst of a Senate; therefore, he would not be aCtending the annual -----�-.�..�.-. ,not feel it appropriate campaign for the State Conference �f Mayara• 3) Hun arian Delegation - Mayor Stern announced that on June �������ment, 8 City would be host to a five-member delegation afreserventime8�o�n.eet �aith �h��' and it wot�ld be appreciated if the Council woul 12c. Communications . from City Mapager (representing Seifert) , 1) The City Manager stated an offer to s�1� property to the City which could poss3.b].Y be desirable f or trail purpoaea on West 28 Street hae been received from Century 21 Real Estate which may be preaen�ed to the Council in the future. 2) The Council ad j o�lrned to closed sesaion � -135- to d3scuss pending litigation. � _�- �� 1 13a. �.ti�J��.i Counc�� minutes, MaY City 7, 1979 AIMS AppROPRIATI�NS AND CONTRACT PAYMENTS CL Upon moCion by Couricilman Hanks, seconded by Verified the list of verified claims pre- Councilman Meland, the Director of Finance and direeted to the Claims pared bY 7, 1979, in the total Gity Council, dated May 4 545.51 for payroll were approved, amounts of $212,594.95 for vendors and $, ���y Clerk and City Treasurer were authorized to issue and the City Manager� a vote of 7-0• checks in the same amounts by i3b. Contract Pa ents; Resolution No. 6265 following partial payments: Contract payments. It was moved by Councilman Meland, seconded by Councilman Hanks, to approve and authorize the 1) Partial payment, Projects 78-01, 78-03, 78-33; 77-61, paving, curb and gutter, C.S. McCrossan. $37,645.28. Z) Partial payment, EnCerprises, Inc. The motion passed 7-0. 78-37 and Amount: Project 78-52, Lenox renovation, ABJ Amount: $35,172. It was moved by Councilman Hanks, seconded by Councilman Meland, to waive �` reading and adopt Resolution No. 6265, entitled "Resolution accepting work �1 on Landscaping, Improvement No. 78-45," on the f ollowing f inal payment: _._.._.,� � 3) Final payment, Project 78-45, landscaping, Midland Nursery, Inc. Amount: $418.85. The motion passed 7-0. 14. Adjournment Attest: Beverly Flanagan Recording Secret On motion by Councilman Hanks, seconded by Co ilman Martin, the meeting was adjourned at 11:3� p.m. by a vote of 7-0. Mavdr � M. Stern -136- _r_.�,�'