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HomeMy WebLinkAbout1980/10/06 - ADMIN - Minutes - City Council - Regular1. Call to Order i1I�1�TcS CITY COI;��CIL t1EtTING ST. LOI;IS P/IRK, �tINi��SOTA October 6, 1980 7:30 p.m. A regular neeting of tt�e City Council was called to order by Hayor Phyllis ticQuaid at 7:35 p.n. ?. Presentations tiayor !1cQuai� presented a proclamation to two re�resentatives of worien in business oroclaiming October 19-25, 19�0 as National Business Wonen's Week. 3. Roll Call The following Councilmen were present at roll call: Ronald 3ackes �lartha E1 strom Lyle Hanks Phyllis Jerrold taartin Keith ��ieland John Ralles �4cQua i d Also present were the City �tanaaer, City Attorney, �irector of Planning, Director of Public Works, Assistant Finance �irector, City Engineer and City Assessor. 4• Approval of �tinutes It was moved by Councilman �teland, seconc�ed 5y Councilman Ra11es, to approve the ninutes of the special City Council r,ieetinq tield Septenber a, 193� as ar.iended to correct the spel- lina of cankerworn on oac�e 318 as requested by Councilman Elstron, and on pave 316 to in�icate Lhat Councilr.�an Backes ha� made the notion reqarding the J.S. Mayors Conference. The r,rotion oassed 7-�. It was noved by Councilman Ra11es, seconded 5y Councilman Mart�in, to ap- prove the �inutes of the re�ular City Council rneeting held Septemher 15, 19;,0 with the follo►,rinq amendr�ents: Councilman Ralles said that on page 33�, Councilman Plartin had voted in oppositio� to a�optincl the Pledc�e of Alleaiance; Council�an Elstrom said that on page 326 she had moved to waive reading and adopt Resolution No. 66�:9 and to approve the special assess�ent for the oroperty owner in ttie araunt of 52,n0� with the City oayin� the 5alance of the assessr.�ent si�ilar to the Flag Avenue project, and o� paqe 330 Councilman Elstrom stated that the Plannina Director's ex- planation of the floor area ratio should include an explanation of the �ethod of comoutation used and how it differs for various kinds of structures. It was moved by Councilr�an Itela�d, seconded by Councilman Backes, to defer approval of these minutes. The motion oassed 1-0. -3�9- It was �oved by Council�an Elstrom, seconded by Councilman Ileland, to aoprove the minutes of the special City Council meeting held September 16, 1930. The motion passed 6-0-1 (Councilman Backes abstained). It was moved by Councilman 8ackes, seconded by Councilman Martin, to ap- orove the minutes of the special City Council meeting held September 22, 1980 as presented. The motion passed 6-0-1 (Councilnan Meland abstained). 5a. Ao� roval of Consent Agenda The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Ralles, to approve the consent agenda for October 6, 1930. It was moved 5y Councilman Elstrom, seconded 5y Councilman Backes, to approve the agenda for October 6, 1930 as a�ended to remove iten llk, Resolution regardina undeveloped properties, as requested by Councilman �leland. The motion passed 7-0. PUBLIC HEARINGS 6a. Assessment bearinq, Oxford Assessment hearing, Project 77-386, Industrial landsca inq Oxford Industrial landscaping, as Reso ut�on P�o. 60 described in Notice of Hearing pub' lished August 27, 1980 (continued from September 14, 1980) and September 17, 1980. Chuck Hoffman, 7009 Oxford Street, addressed the Council. He said that his questions regarding this assessment had been answered with respect to charges for the cost of planting trees. Councilman Hanks stated that the special assessr�ents had been revised hy staff to reflect the exclusion of these charqes. The cost for tree planting will be paid by the City. There being no one further wishing to speak, the !�layor declared the hearinQ closed. The City �lanager said that Council had received a staff report explaining an error that had been made in the computations of the speGial assessments. Councilman Martin said that it appeared that all of the oroblems concerned with the particular special assessments were now resolved as a result of this report. It was moved by Councilman Plartin seconded by Councilman Nanks, to waive reading and adopt Resolution No. 6660 entitled, "Resolution adoptinq assessment improvement No. 77_38B,�� The motion passed 7-p, -350- �, ,�if'':fiii :1i.;�:i f;i�ti;, 1 , .� i _.:.., . It was r�o,�,'�. � �J ... : ; � _ ,, _,, Y;�, �aun j-�ma.r� ,j��rt,�n, s�conde� by Counci 1r�an Hanks, to accept the amended �inal �costs� ¢f _tfi� projec.t as recommended in staff's report. The motion passed 7-0. � � 6b. �e s��� {n��-hea f' ��� ����' -,,-,:;:; ,., . ..- , . . ., _�5�� � �l� . ��4�9��Eedar ,L-a�ke =Rpad Assessment hearing, Projeci 77-58., Resol,yt�:or�,�lo..-.6661_� ;,•�. . paving, curb, gutter, driveway -��; :;a•.; �:,t•,�� �� ;;�,r�;:' �-- �;� � aprpns; sidewalks, riyht-of-way c'� ,��-•:.=,� �; ' �� •.� � •- � acquisition and street lighting on Ce�a►� �ake Roa��from Nevada Avenue to Kentucky Avenue as des�ribed in Notice of Nearing published September 11, i980. -h +„j; :-j jr.;: ,,_� i ,-,�„'i • - Mr,.:.,��,en,n:�Hwb�ard, 49;40-Y•iking�Qrive, �dina, representir�g Union 76 Oil Comp�,n,��,.fa,�c�r,esse¢„�he.,.Cou,ncil, Hg said that the County had condemned hi� r��h��o�sway�.�or- .pu�poses �of ;wic�ening the street f�r which his com r�y,.was�paid;.$4,,.�,�J,,,�,}le ,s,aid,that he has �received an additianal -�� bil�€or. ,�,�;q�p fan;�e�o,aat1:�,g sig�s.,, ;He asked for an explanation of . ���s f�h,a�ge. � - • , ; , ' - iC ;��r!j�� 4�t:���n �'u � . :"' .. , , The City Assessor said that the right-of-way acquisition was a joint venture with Hennepin County costing approximately 57.00 per square foot. Benefits were prorated on the basis of the numher and width of driveways situated on benefiting properties. Mr. Hubbard asked if the property owners would not pay less by donating their right-of-way in the future. The City Assessor said that unfortunately in this instance Hennepin County had done the acquisition. He stated that negotiations between the government and property owners would probably have resulted in a slightly reduced araunt. Mr. Hubbard asked if he and the other property owners paid for litigation on the behalf�of others. The City Assessor replied that they had �ot. The City Manager invited Mr. Hubbard to visit the City Assessar to review the assessment rolls. Councilman Martin asked why !1r. Hubbard felt there was litigation involved. Ne said�that assessment bills show the actual costs involved. He stated that each Qrop.erty owner pays 5ased on the direct and ind.irec� benefits derived from the improvement project. The City Manager stated that if everyone were to donate his right-of-way, a11 prouerty owners would receive lower special assessments. There being no one further wishing to speak, the Mayor declared the hearing closed. -351- It was �oved by Council�an Ralles, seconded by Councilman Plartin, to waive reading and adopt Rvement�No.r,71-5861� entitled, "Resolution adoptin� assessment �mpro The motion passed 7-0. 6c. Report relative to permitted Report proposing a�ending the St. accessory uses Louis Park Ordinance Code by amend- inq Section 14-111 relative to soecial permit�uses or amending Section 14-172 relative to permitted ac- cessory uses in the I-1 District as described in Notice of Nearing pub- lished September 24, 1980. It was moved by Councilman I�anks, secon�ed by Councilman Ralles, that an ordinance be prepared for first reading at the October 20, 19a0 Council meetin� incorporatin,q Recommendation No. 1 from the report which would a�end Ordinance Code Section 14-172, Permitted Accessory Uses in the I-1 District, adding the sale of leased vehicles when accomplished in con- nection with previous leasi�ng of the same vehicles after purchase of such vehicles as new cars and not involving more than 15� of the outside ��rkin� �r�� �r li�hted �i�n� r�lated �o s�ch salac. fih@ m����n �a4�@� ���. �d, �ky@h�1i fiAwnh�m�§ ���1����14n Af �Aran Qullders, Inc, — fer pr�liminary p1At Apprav�l of �k �hill fiawnh9me�, �anorally 1����@� �� We��w�a� M�11� RA�d �Ap�� 9f ��d� �V4flup a� deacrib�d 1n ��otic� @� M@�p��� �u�j���@� �@A�@�b@p ��� l�gp, �1p� ��5i �e Kr�r�k�, 13�� fi@xa� �van�� ����h, ���r���ed �he Counci 1, M� ��a����n�� �f W�§�w�Ad Hiii� R��� w�� a�ub�ic pAdd. b� sta�Qd that in i�i�, wt��r� h� r��y@���� ��a �i�y t� �����ii ���wd raiis alan� his prAp- @p�� �rAn��r�� �n W@��wA�d Hiil� R���, ha wa� ��1� �hi� w�� � priv�to re�� �r�d �uE� wQrk �Aul� na� �@ ��na, He �Am�l�ine� abo�t thQ vandalism b�r ��v@nil@� �� tHi§ rea� �ut Ma� ��an ��ld �hat 1t wa� � privat� road, �9y�E�iman H��k� ��ked �he Gi�� A��Arfl@y t9 �9mment o� �h� s��tus of We��w�a� H1il� R���, fiha �it� Attorn�� repli�d th�� ��t�tute axi��� which ��a��� �h�� a►�y r@�d �h�t i� ��@� by �h� A��li� f�r lAn�ew t�an �ix �rear� i� d@tarmined �@ �� � pubiic raa�� w�thQut an.� fopr�al dedi���iAn pro��a�iing�, In addjtion, �@��NS� thi � ro�� j� usa� and rapai pacl b.� tha �i �y, i� 1� con�i dQrod xQ �@ � p��li� r9��, �1rt hrink� a�ked hAw 1� eQuld be c��$idep@d � p�blie rpa�i ba��uaa it tl@�� �n�s, fih� �it�r Attarn�y r�4pAndad that �he�te�t �� whe�her or nat it 1� a pubiic ra�d is if�par�An� and v�hicie� �ravelln� an 1� ar� nAt �on�idored to bo �r�spd�s,i1��, � ; M�, K�inke a�kerl wh.� hib ra��est �A ir���all q�ard �ail� ha�i b@�� d@nied, • '?��T a. J � He stated that his property will be exposed to increased traffic when the development is completed. He asked if the road could not be re- located since he does not use it. He stated that the City has only repaired it once in the past 27 years. He said that prior to that instance, the citizens along the road arranged for any maintenance of the road. p general discussion followed re�ardfna the merits of constructing a retaining wall, installinq guard rails or relocating the road. Councilnan Hartin asked if relocating the road to the north had been discussed by staff. The Planning Director presented transparencies showing•the configuration of the property under discussion. He explainecl that before he could .comnent on the feasibility of relocating the roa�, studies would have to be conducted as to the grade, slope, elevatioh and soil types. Councilman Hanks comnented that a retaining wall could be constructed on Westwood Hills Road where it makes a right angle in front of Mr. Krinke's house. Mr. Krinke said that the map really did not clearly show how close this developr�ent is to his property. He said that at the Planning Comnission meeting it had been agreed to postpone a decision on this development but that another vote subsequently had been taken. Councilman Meland cormiented that the Planning Commission is merely an advisory comnission to the Council and that the final decisian rests with Council. Councilman Ralles said that it appeared from the Planning Commission minutes that the vote to defer the matter until the legal questions on the road were resolved was 3-3. Councilman Elstrom said that the minutes were correct. The vote on the preliminary plat had failed. A tie vote of 3-3 on deferral of the matter was then taken. Alan Rosenauer, 1435 Wesiwood Hills Road, addressed the Council. �He asked if the structures to be built facing the street hav� three stories. The Planning Director said that the dwelling units wil] have two stories with a walk-out partly underground. He said that the ordinance does P►'ovide for this type of design as well as three-story buildings. �1r'• Rosenauer asked what the wi�th of the road will be after construction and if side�•ralks are included in the roadway design. The Planninq �Jirector reolied that whether or not there will be a sidewalk has not been decided. This elerient will be part of the final plat. He said that the road will be 26 feet wide. -353- _-.�,. / it '.�. r _r... ..._...,.. Mr. Rosenauer sai� that the road currently is 24 this width it is unsafe. He said that by addinq 120 additional cars, the road will be impassable. traffic created by the new development will make worse and certainly very treacherous in winter. feet wide and that at the traffic of 60 to He said that additional the road conditions even Mayor P1cQuaid said that anticipating 100 cars on this road all at the same time was a bit premature and that Council was discussing only the �reliminary plat. Mr. Rosenauer asked how Council could justify goinq ahead with the project when its access depends on a road that is not presently safe. Mayor P1cQuaid ass�r.ed him that his concerns were appreciated and would be taken into account by the Planning Commission as it moves forward in its consideration of this project. t�r. Rosenauer said that he was told that the original Westwood Hills concept iras a breakaway fron the tract home concept, but that the proposed Skyehill project calls for a plan of 68 dwellings looking exactly alike. Playor McQuaid asked if provisions should not be �ade for people who cannot afford sinqle fa�ily homes. She said that this as well as the best use of the City's land are Council's concerns. Mr. Bob Boran, 5912 West 35th Street, the developer of the Skyehill To�rnhomes project, addressed the Council. He said that he had lived in this area for 15 years. He said that the road is dedicated and that everyone living on it is aware of that fact. He said that the design preserves the existing �rade and view. It will also retain 90� of the trees in the area. He said that because of the very steep grade, it was almost impossible to construct single family dwellings. Because of the grade, the water and sewer construction will be very expensive. There beina no one further wishing to speak, the Mayor closed the hearing. Councilman Nanks asked when Council would be able to review plans illus- trating some kind of protective device for Westwood Hills Road. The Planninq Director said that that was a major part of the next step in the planninq process should Council decide to go ahead with the project. It was moved by Councilman Ralles, seconded by Councilman Martin, to aporove the application of Boran Builders, Inc. for preliminary plat approval of Skyehill Townhomes. The motion passed 7-0, 1a. Zoninq ordinance PETITIOPIS, REQUESTS, COMMUNICATIONS Request to amend zoning ordinance. It was moved by Councilman Meland, seconded by Councilman Ralles, to refer JoShua Aaron's request to amend the zoning ordinance to the Planning �om" mission for study, ,. -354- ..,�.��"""�. The motion passed 7-0. �b, Aoolication to conduct bingo Lindberg American Leqion Post 282. Application of Fraternal Order of Eagles Arie 320�3 to conduct bingo November thru April, 1981 at Frank The anplication to conduct bingo was ordered received for filing. RESOLUTIONS APJD ORDI��ANCES ga. Massage/sauna parlors; Second readina of ordinance amending Ordinance PJo. 1475 St. Louis Park Ordinance Code re- . gardina massage/sauna parlors. It was moved by Councilman Meland, seconded by Councilman Ralles,.to waive second reading and adopt Ordinance No. 14?g entitled, An ordinance amending the St. Louis'park Ordinance Code relating to zoning by amending Section 14-151(19) Uses 5y Special Permit. The motion passed 7-0. IIb, Vacatio►t of uti l i ty easer;ient; Second readi ng of Qrdi nance regard- Ordinance No. 1479 ing requesi of Frantz Klodt & Son to vacate a utility and drainage easement. It was moved by Councilman Elstrom, seconded by Councilman �1eland, to waive.reading and adopt Ordinance No. 1479 entitled, "An ordinance vacating easement." The motion passed 7-0. Zc. Resolution�a urovin4 securities for co atera ; Reso ut�on No. 6662 Resolution� approving securities for collateral from Plarquette National 3ank of �linneapolis. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading an� adopt Resolution No. 6662 entitled, "�esolu�ion approving sec- urities for collateral from �•larquette National Bank of Minneapolis, Minnea- polis, ��linnesota." The motion passed 7-0. �d. Resolution a rovin securities fo►' collatera ; Reso ut�on o. 6663 ResQlution approving securities for collateral from Americana State Bank of EdinaResolution�Noe56653and re- pealing It was r�oved by Councilman Elstrom, seconded by Councilman Backes, to wa�ve reading and adopt Resolution No. 6663 entitled, "Resolution approv-. ��9 securities for collateral from Americana State Bank of Edina, Edina, M��nesota and repealing Resolution No. 6653." The r,wtion passed 7-0. -355- :, 8e. Easement to Worthwestern Bell Telephone Compa� on City property. It was moved by Councilman Elstrom, waive readin� and set second reading The motion passed 7-0. 8f. 19II0 tax levy; Resolution No. 6664 First reading of two ordinances re- lating to the placement of telephone cabinets on City street rights-of-way and granting communications easement seconded by Councilman Ralles, to for October 20, 1980. Resolution approving 19�0 tax levy collectible in 1981. It was noved by Councilman Meland, seconde� by Councilman Martin, to waive reading and adopt Resolution Pdo. 6664 entitled, "Resolution apqrov- ing 1980�tax levy, collectible in 19E1" and increasin4 the General Fund tax levy by $5,410 thereby restoring that amount to the Community Educa- tion budget. Councilman Meland said that the Cor�*iunity Fducation budqet suffered from 5ad timing because of the Governor's recently-announced budg�t cuts. He stated that the Sen,ior Program pays its dues in the State and goes beyond in earniny its own way. Councilman Backes said that Councilman Pleland's proposal a�ounted to an amendment and that perhaps the•way to proceed on this item of business would be to first waive readin,y and adopt the resolution and then amend the resolution adding the �5,410. Councilman Meland said he wanted the �otion to stand as he presented it. Councilman Hanks said he would like to have the City Attorney's opinion. The City Attorney said Council �vould not want to appear to be voting against the tax levy. He said any a�endment is appropriate to a resolution, but this does not have�to be done in any particular sequence. Council�an Hanks said that the Community Education budget has more than doubled in three years and that the Director had promised to hold the line. Ne said that he was �isturbed that the Director had published figures as to how this budget would be revised. tlayor McQuaid said that she had been advised by several senior citizens that the Community Educatio� monies approved by Council were being re- duced by �5,410 and that this reduction would come out of the Senior program. She said she had asked the City Manager to check with the Corxnunity Education Director to see if this.was true. The City Hana�er told her that he had been advised the cuts would not come solely from the Senior program but would 5e made across the board. The Ma or said that she had also asked the School Board where the cuts would be made and this was why the Director had prepared the figures. ` Councilman Hanks said that he felt at the time of budget review, a cut , shouid not be made because of the Governor's bud�et cuts. He said that according to the �irector's figures, a cut is not shown. Rather, the � � . - 356 - �,,..,r;,...•=-�'' figures show that the prograns �vill be holding the line. Councilman Elstro� said that Council did not specify where any cuts were to be made. Council approval reflected an overall budget amount. MayorticQuaid said that she had voted for the large increase because Comnunity Education is such a good program. SMe s�id that when Council- man Nanks sugaested Council not cut the budget bUt rather d�crease the requested increase, everyone was aware that the City and the School Jistrict v�ere both confronted with the Governor's budaet cuts. She said the Community Education progra� was not the only program having to work within those financial constraints. Councilr�an Backes comr�ented that consistent with the motion on the floor, adding the g5,41J would apply to �he whole tax levy rather than to an increase in the Corm�unity Education budqet. Councilman�Elstrom called the question. The vote was 7-0 to briny the question to a� vote. The �otion �o approve the 1980 tax levy with an increase of �5,41� to the General Fund tax 1 evy fai 1 ed 2-5 ( Counci 1 men �larti n and f1e1 artd i n favor}, It was r�oved by Co�ncilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution No. 666� entitlec�, "ResolutiQn approving 1930 tax levy, collectible in 1981." The r�otion passed 6-1 (�ouncilman Meland opposed). �9. Minimum tax levy, Fire 4 resolution setting r�inirnum tax levy Relief Association; fo r suoport of the St. Louis Park Reso ution �lo. 6 65 Fire Relief Association for taxes • � collectible 1n 19a1. It was moved �y Councilman Backes, seconded by Councilr��n Ptartin, to waive readin� and adopt Resolution No. 6665 entitled, A resolution setting r�inimum tax levy for support of the St. Louis Park Fire Relief Association for taxes collectihle in 19E1." The rnotion passed 7-0. 8h• Minimum tax levy, Police K ef Association; Reso ution No. 6666 A resolution setting minimum tax levy for support of the St. Louis Park Police Relief Association for taxes collectible in 1981. It was moved 5y Councilman hteland, seconded by Cauncilman Ralles, to waive readine and ado t Resolution No. 6666 entitTed, "A resolution setting r�in- imum tax levy support for the St. Louis Park Police Relief Association for taxes collectible in 1981." The �otion passed 7-0. -357- �,........ 8i. Assessnent for delinquent water/sewer char es; Reso ution No. 6667 Resolution levying assessment for delinquent water/sewer charges, nuisance abatements and tree removal. It was moved by Councilman Ralles, seconded by Councilman ��artin, to waive reading and adopt Resolution No. 6667 entitled, "Resolution levying assessment for delinquent water/sewer charges, nuisance abatements, and tree removal." The motion passed�7-0. 8j. State,aid street system; Resolution requesting maximum allot- Resolution ��o. 6668 ment for general naintenance of state aid street system. It was r.aved by Councilr�an Backes, seconded by Councilnan Elstrom, to �vaive reading and adoot Resolution PJo. 666ii entitled, "Resolution re- questing maximum allotment for general maintenance of state aid street system." The motion passed 7-0. 8k. 8udget; Second reading of ordinance adopting Ordinance No. 1480 the budget for the fiscal year 1981 and amending the 1930 budqet as adopted by Ordinance No. 1453. Anne Stokes, 6300 Cedar Lake Road, representing Time O�t, addressed the Council. She said that the City Council had become famous in the state as a result of its role in the Community Education project. She said that at a recent meeting of educators, the Superintendent of St. Louis Park schools had commented on the favorable atmosphere that existed in • St. Louis Park for the Comnunity Education program. She said that the Tine Out program was very appreciative of Council's support. She said she understood the reasons for the cuts and said that the proqram had been cut 15a last summer and that Vo-Tech contributions which reimburse the staff's salaries had been cut by 16�. She asked that Coun�il be aware of the fiscal constraints that the program isfacing. Marcy Strauss addressed the Council. She said she was present at the meeting at the request of Time Out. She comnented that there appeared to be some confusion in the Conanunity Education prograr� as she was scheduled to teach a nutrition class but that the class had been cancelled because only one person enrolled. She suggested better super- vision of the budaet and preparation of programs. Councilman tleland said �hat the programs are usually supported by the fees that are paid. Mayor McQuaid said that Council did not supervise any cuts in the budget. She said that the situation had been made clear as to Council's position. Roxanne 3rown, 3537 Yukon, addressed the Council in support of the Time Out proaram. -358- Council�an Hanks said Council will receive the Cor.imunity Education budqet �ext sprinq. �'ntil that time, no decision will be nade on the upcoming budget. He said that it was highly inappropriate for any information about cuts to have been distributed publicly. Councilman Backes said that he did not want to see specific aspects of any programs outlined and that tne Cormunity Education budget should orovide for participation by all City residents. Jan Gaylord and Naxine Benson addressed the Council in support of the Time Out program. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive second readin� and adopt Ordinance No. 1480 entitled, "An ordinance adopting the budget for the fiscal year 19a1 and amendinq the 1980 budget as adopted by Ordinance 1453. The motion passed 7-0. 31. Namina judges and polling Resolution setting pollina palces �laces;� and namin� election judges for the esR oT�ti-on No. 6659 general and City special election � Nove�ber 4, 1939. It was noved by Council�an Hanks, seconded by Councilman Meland, to waive reading and adoot Resolution No. 6672 entitled, "Resolution setting polling places and naming election judges for State general and City special election November 4, 1950." The motion passed �7-0. 8m. Ordinance relatin to �assage par ors First reading of an ordinance re- lating to massage parlors. It �ras �oved b� Council�an Hanks, seconded by Councilman �ieland, to waive first readin� and set second readina for October 20, 1980. The motion passed 7-0. t4ayor McQuaid�left the r�eeting. President Pro-Te� Hanks took the chair. REPORTS OF OFFICERS, BOARDS, COMf1ISSI0NS 9a. Minutes of Plannina Cor�nission mee. ting_ �5. Minutes of Parks & Recreation Cor,mi s s i on 9c• Minutes of the Corrr�unity Relations Corm�ission Minutes of Planninq Cor.mission meeting held Septe�ber 17, 1980 (incorporating minutes of Street & Highway Cormission meeting) were ordered received for filing by consent. Minutes of Parks & Recreation Com- r�ission r.ieeting held Septem5er 10, 19a0 were ordered received for filing by consent. Flinutes of the Corm�unity Relations Cortmission meeting held September 18, -359- �_. 9d. ��inutes of Housing Redevelop-_ ment Authority_ 9e. 9f. 94. �linutes of Charter Comnission Minutes of Human Rights Commission No-Fault Grievance process 1980 �vere ordered received for filing by consent. Minutes of the Housin� Redevelop- ment Authority meeting held Septe�- ber 9, 1930 were ordered received for filing 5y consent. - Minutes of the Charter Corrmission meetina held September 15, 19�0 were ordered received for filing by consent. Plinutes of Human Rights Commission meeting held Septer�ber 17, 19a0 were ordered received for filina. Report of Hu�an Riohts Cor�r,iission v�ith recomnendation on No-Fault Grievance Process. ' It was moved 5y Councilman Neland, seconded by Councilman Ralles, to accept the recom-�endation of the report that the yuman Rights Commission not become involved in the No-Fault Grievance process. The motion passed 6-0. 9h. Re uest of ��lidland National Request of Plidland National 3ank for Sank for specia permit; special perriit for an office building Resolution No. 667� and drive-in bank facility at 3601 Park Center 81vd. It was moved hy Councilnan gackes, seconded by Councilman Martin, to waive reading and adopt Resolution P�o. 5670 entitle:l, "Resolution qranting permit under Section 14-124.100 of the St. Louis Park Ordinance Code relating to zoning to perr�it a drive-in banking facility for property located in the PU�, Planned Unit Development District, at 3601 Park Center Blvd. The r�oti on passed 6-0. 9i. Fire lane desiqnation: Knollwood Fire lane desi nation: Knollwood �ta11 eso ution No. Shoppincl Center. Resolution No. 6685 establishing fire lanes at the by consent. entitled, "Resolution authorizing placement of traffic control signs Knollwood i1a11 Shopping Center" was adopted 9j. Fire lane desi nation: 5775 Fire lane designation: 5715 Wayzata ayzata 3 vd. Blvd. Resolution No. 6686 entitled, Resolution P�o. 6686 Resolution authorizing ulacement of traffic control signs establishing fire lanes at 5775 Wayzata Blvd, was adooted by consent. -360- 9k. Request of K-;1art to amend s ecial permit; Reso ution t�o. 667 Councilr�an Backes asked if item 11 on relating to the outdoor facility for garden r�aterials and equipr►ient sales Request of K-Mart Corporation to amend an approved special permit at 3700 S. Hiqhway 100. the special permit application an automotive service center, would remain as it previously was. The Planning Director said that this facility would stay the same. Council�an Elstrom said that there had been considerable discussion at the Planning Comnission meeting regarding the parkinq lot. She said that 30 days after the approval of the plan for the ��ighway 100 and W. 36th Street interchange, the developer will be required to submit a plan of the parking lot fo r approval. Councilman Hanks said that he hoped the appearance of the shopping complex would be more aesthetically pleasinq than it previously had been. Mr. F1ark Fienberg, representing K-Mart Corporation, said that in order for the corporation to discharge its obligation, it wanted to ensure all concerned that it would do its best to make an attractive store. It was moved by Councilman Meland, seconded by Councilman Ra11es, to waive reading and adopt Resolution No. 6671 entitled, "A resolution ar�endinQ a permit granted under Section 14-171 of the St. Louis Park Ordinance Code relating to zoning to permit a discount department store, grocery store and related use for a cor.nercial development unit on property located in the I-1, Industrial District, at 370J South Nighway No. 100." The motipn passed 6-0. 91. Reauest of TarGet Sto res to amend s ecial ermit; eso ution o. � Request of Target Stores for an aMendment to an approved special permit at 8900 W. HiQhway 7. Councilman Martin asked why the store wanted to retain the pylon sign. The Planning Director the store manager has has been signed. said that in the interim since Target's request, informed him the contract for rer.ioval of the sign Councilr�an Backes observed that the pylon sian was not part of the resolution. The Planning Director said this was because a recommendation on' the sian had not been put forth by the Planning Cortnission. It was r�oved by Councilnan Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution ��o. 6672 entitled, "A resolution amending Resolution No. 6101 and Resolution No. 5913 adopted Dec�mSer 12, ��77 grantinq permit under Section 14-195(1) of the �rdinance Code to oermit a cormiercial developnent unit for property located in the B-2 General Business District. ' �� -361- ��,,,. The motlon pas4ed 6-0. Councllman !lelen� 1Qf� the �.ounc9l �h�bers. gm, Trafflc qtud� y� fl�- ark%_ s���� �eso uti�on Nos. �� � 7� e6�� Traffic signs on Shel a rd study No. 244: No-parking Betty Crocker �rive, Parkrvay and Louisiana Avenue. It was moved by Counr,llman Elstro�, secorrded by Council esoiution�author- waive reedln� end adr�pt Rezolutfon 1l0. 6673 enti�led, izinc� lnstelletfan of trafflc control siqns on Betty Crocker �rive"; Reso- lutlon No. 667�1 ent�tle�, "Rssolution authoriain� insta]lation of traffic control s1�ns on 5helarC Pnrkaay"; and F.esolution No. 6675 entitled, "Reso- lution authorizing installation of traffic control signs on Louisiana Avenue." The motlon passed 5-4. 9n. Traffic stud • P�rk Center 8aulevar�! Traffic study No. 245: Park Center an�T, ��t~��reet BoUlevard and N. 36th Street inter- eso_ut on�i�os��611L6�18 section; Par� Center Boulevard an� - "' N. 39th Street intersection; parking review on �ark Cr•nt�►r Zoulevar�; Traffic o�erations at the Mest 36th Street and Hlghway lOJ lnterae�tion. The City Mannqer s�i� t,ha�t there ha� been a new developr�ent in this item and said that a qentla,arn from Byerly's Kished to address the Council. Verle Poffenberger, 4�2� N111is�n P.d,, Ninnetonka, representing Byerly's, lnforn�ed Council tht�t 3yr.rly's rras tiillino to assu�e full costs for this project. He said that tFw_y rroulA request a five-year payment period, but that if perm�nFnt tnst.allation of a signal Nas made before the end of the ftve-ye�r �c;r1o�, Byerly's Kill pay the re�naining balance plus interest at that time, ��e t�fd tt�at 3yerly': hoped the other property owners in the area would share fn the assessment for the pernanent traffic signal. It r�as moved by �oun�flnan P.alles, seconded by Councilman Backes, to accept staff's rec�m:�►ndatfon to authorize execution of an aqreement be- tween the City and ��erly'g f�r tha installation of a temporary traffic ;1qna1; to set ����blfr heartnq for Ibve�ber 3, 19E�J for the establishnent of, speclal �ss���smpnr,, r�el�tive to tea+porary traffic sig�al installation at Parf: Centa,r ��ulPv�rd And N. 35th Street; and to waive reading and adopt ftesolution flo, 6677 �ntltled, "R.esolution authorizing placement of Urafflc r.ontr�l s1��ns r�n Park Center Boulevard" and Resolution No. 6618 entitled, "a�;;��lution N,t�bli;hfnq tr�o left turn lanes on the westbound approach tn Statn NiqFwvay 1!M on Nest 35th Street and changing the right turn lane cnnstructlon n�t thfs location." The rtatlon p�sse� �,-�, Councllman 1lcldnd ret��rned xo Cauncil charnbers. -3b2- 10a. Apoointments to Boards & Cormissions UNFINISNED BUSINESS Appointments to Boards and Com- missions. Councilman Ralles asked that an interview with Scott Saunders be scheduled prior to the next Council meeting. Councilman Hanks asked that interviews with interested high school students also be scheduled on that day. � Councilman Elstrom asked if the announcement on Cable television could be exnanded to include college students who might Se interested in servina on'an advisory board or cor.mission. Councilman Backes said there had been some criticism of procedures at a recent Planning Cormission meetina. Councilman Elstrom suggested that the Chairman of the Planning Comnission be asked to come to a Council meetina reqarding this matter. It was moved by Councilman �lartin, seconded b,y Councilman Elstrom to request that staff have the Chairman of the Plannino Commission cone to a Council meeting to discuss any procedural problems with the Council. Following further discussion, Councilman Martin withdrew his motion. It was moved by Cou�cilman Backes, seconded by Councilman Ralles, that "layor McQuaid and Councilman Elstron, in her capacity as liaison to the planning Co�ission, meetwith the Chairman of the Planninc Co�ission to discuss the �roblens at the Planning Cor.mission meeting. The r.iotion �assed 6-0. 1�5. Cor.riunity Developr�ent Block �rant A1location; � Resolut�on No. 5C79 Cor�u�ity aevelopment Block Grant reallocations. Councilnan Elstrom said that extra dollars fror� various funds seem to be �oi�ng to Lenox. She asked if Council could see the figures shovling the sources of fundinq for Lenox and current expenditures on this project. It r+as moved by Councilr�an "leland, seconded 5y Councilr�an Ralles, to waive reading and adoot Resolution No. 6679 entitled, "Resolution authorizing the reallocation of fu�ds in the 1913 and 1979 Cor,xr.unity Block Grant prograr�s . " The motion oassed 6-0. ���• Cha;�qe order: IJest 25!� Street Change order No. 2: l.'est 25� Street. It ti•ras r.ioved 5� Councilman Pleland, seconded by Councilman Ralles, to aPprove Chanqe Order �Vo. 2 for Contract �Jo. 1397 witti Proqressive Con- tractors, Inc. in the amount of 315,3G9.3�J as the total ana unt of the contract and to change conpletion date to November 15, 19£s� but to a>>ow cor�pletion of ttie sod work to be extended until tlay 15, 19a1. -363- The motion oassed 6-0. lOd. Suburban Police Recruitment S stem; Resolution No. 66a0 Resolution authorizing withdrawal from the Suburban Police Recruitment System. It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6080 entitled, "Resolution author- izing withdrawal fro� the Suburban Police Recruitment System." The motion oassed G-0. l�e. Dedication of easement, Frantz Klodt & Son Acceptance of proposed dedication of easement for utility purposes bv Frantz Klodt � Son. It was moved by Councilman Pleland, seconded by Councilman Rdiles, to accept the proposed dedication of easement for utility purposes of Frantz Klodt � Son. The �otion passed 6-0. lOf. Farr's Sunset Ridge; Resolution Plo. 6681 Farr's Sunset Ridge. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6681 entitled, "Resolution giving approval of final plat of Farr's Sunset Ridge and distri5ution of the assessment, Project Nos. 59-55, 66-02, 7711A, 7711B, 78-22, 78-�6 and 76-44 and repealin� Resolution No. 6635. The motion passed 6-0. lla. Utility easement, West4�ood Townhouses NEW BUSINESS Uti 1 i ty easement from Westtivood Townhouses. It was moved by Councilman Ralles, seconded by Councilman Meland, to accept the easements from Westwood Townhouses and authorize recording of same. The motion passed 6-0. llb. Almor Conpany, Temporary easement Ter�porary access easement to the Almor Company. It was moved by Councilman Martin, seconded by Councilman Ralles, that the Mayor and City Manager be authorized to execute the agreement with the Almor Company on behalf of the City. The norion passed 6-0. llc. Corporate Surety Sond Corporate Surety Bond for the ,City Manager. -364- It ��as noved hy Councilnan Ralles, seconc'ed by Council�an Backes, to ap�rove the coroorate surety bond for the City �lanaaer in the amount of $1�,0��. . The notio� passed 6-0. lld. Em�lovnent of audi*or; Reso�ut�on PJo. 6f 32 P,esolutio� providing for ttie emPloynent of an auditor to audit the accounts and records of the �ity for the 19ii0 fiscal year. It was r�oved by Councilman Ralles, seconded bv Councilr�an ��1artin, to ��aive readinq and adopt Resolution No. 5��2 entitled, "Resolution pro- viding for the emplo,yr.ient of an auditor to audit the accounts and records of�the City for the 1930 fiscal year." The motion passed 6-0. lle. ��andicapped raMn Construction of a handicapped ramp at l•I. 36th Street and lJooddale .4venue. It was moved by Counci]man tlartin, seconded by Councilr�an Ralles, to authorize the Mayor and City f�lanaqer to execute the agreement for the construction of a handicapoed ramp in the itunicipal parkiny lot at 36th Street and Wooddale Avenue. The r.wtion passed G-0. 11f. Liquor license violation Liquor license violation, Classic Motor Company, It was rioved �,y Councilman 8ackes, seconded 5y Councilr�an Elstror�i, to set a forr�al hearino on the alleoed liquor license violation at the Classic Notor Cor�pany restaurant on Nover�ber 3, 1980 at 6:30 p.m. The notion �assed ;i-1 (�ouncilman �tartin ooposed). >>f• Ai_r-suppor+ed structures Air-supported structures CouncilMan flartin said that he favored establishina a policy relatino to air-supported structures rather than a prohibition of such structures. Councilman F'anks said that staff should be directed to prepare a report of air-su4ported structures for Cou�cil's revie►�r. Councilman Itartin sua�ested the directive to staff be to supply Council with regulations governing the uses of these structures. Councilman Qackes said this would be difficult for staff to do because of Suildinc� Codes and enerny requirements. He sugaested that a pre- liniinary report on applicable codes and enerc�y-related issues be requested. It Was �Ve� 5y Councilman flartin� seconded by Councilman Backes, that ►.� -�65- staff prepare a report establishinq conditions for ttie installation of air-suopor�ed structures. The motion passed 6-0. llh. S��burban Rate Authorit ; pro�osed amendment to t�e Joint and Resolution No. GE�3 Cooperative Aaree�ent of the Subur- ban Rate Authority. Councilnan 'lelar.� said ttia� he �ras �ot sure the Sub�rban Rate Authority was the �ro�er body to be undertakina this issue. Ne said that perhaas local cor.r.�unities should become nore involved in this process. It �vas �oved 5y Council�an �leland, seconded by Councilnan P,alles, to waive readin� and adoQt Resolution No. 66b3 en�itled, "Resoiution author- izing a�end�ent to Joint and Coo�erative agree�en�." T�e motion passed "0-0. 1'i. gid tahulation: Car�enter Park Bid tabulation: Sod, seeding and . topsoil for Car�enter Park. It was moved b� �ouncil�an �lstro�, secon�ed 5y Councilman Ralles, to desianate St. Louis Park Landscaping as the lo�vest responsible 5idder a�d ttiat staff be authorized to execute the agreement �vith St. Louis Park Landscaping for the soddinq, seeding and toosoil work in Carpenter ?ar�. The motion passe� 5-0. l l,i .!Ji 11 ow Grove addi �i on !�Ji 11 ov� Grove addi ti on Councilr�an tlartin said that he�did not un�erstand the third para�raph urder the s�5title 5ack�round of staff's report on this natter and asked for clarification. F'e asked a�hy the aqr�ement had not been sigr�ed when the request to sinn the aareer�ent had been made to ttie City of Pl,yr.�outh over three years avo. � The Planninq �irector exolained that originally the intent was for the City of olynouth to execute a contractual anreer�ent with St. Louis Park relative to the Na�han Lane intersection. He said that the mechanisns for such an agreement did not �ove as fast in Plymouth as in St. Louis Park and that the agreement had not 5een siane� by Plynouth. He said the Council allowed the extension of Nathan Lane only on the condition the contract was to have been signed. Councilman Ptartin asked if the City of Plyr�outh tras to have oarticipated in any costs of this oroject. The ?lanninq Director said they were to oarticipate in costs incurred with resoect to t.".e intersection signalization. Councilman Backes observed that there had 5een many changes in the staffs of both cities durinc� t`�is three-year period possibl�� accounting for t`1e fact that the agreenent had not been•executed. -:166- Councilman Martin asked if the City had the option to erect barricades at the Nathan Lane intersection with Betty Crocker Drive. The City Manaaer sai� that this was a rather drastic actian, but that it was an option. �ie said it would be betier to meet with the City of Plyr.iouth staff to try to resolve the matter. Councilman Elstrom said that the develooer of the project was in atten- dance. She said that the Planning Cornission desired to get the barrier erected before any new contract work started. She said it appeared that there were more curb cuts than had been approved by the City. Boh Coffr�an, representing the developer of the tJillow Grove subdivision, addressed the Council and stated that access is beina requested from Bettv Crocker Road. 4e said that access had been purchased fror� the Ci*y for curb cuts at 5etty Crocker Jrive and Nathan Lane. President Pro Tem Hanks said he would prefer to give staff a chance to negotiate with the Ci�y of Plymouth rather than erect any barricade at Nathan Lane. It �vas noved by Councilman Ralles, seconded 5y Councilman Elstrom, to direct staff to contact the City of Plymouth to arrange for the execution of this agreement, and to erect a barrier if the City of Plymouth has not signed the aqreement t,rithin �0 days. The motion passed 5-0-1 (Councilman Sackes abstained). 12a. Damacte claims MISCELLAiVEOUS Damage claims. Paul W. Lohmann, 421 Hazel Lane, Nopkins Kennan D. 3arbeau, 3�45 Up�on So., Minneapolis By consent, the Council authorized the above clai�s to be filed with the City Clerk for proper action by the City f4anager and the City Attorney. �2b. Comnunications from the �tayor Councilman Meland said the Suburban Rate Authority was seeking �he Council's opinion of the request of �lorthern States Power Cor�pany fo r a rate increase. He said the Suburban Rate Authority opposes the increase. It was �oved by Councilman Meland, seconded by Councilman ElstroM, t5at the St. Louis Park City Council 0000se the proposed rate increase requeste� by Northern States Power Cor�pany for a rate increase. He said ��e Subur- ban Rate Authority opposes the increase. It was moved by Councilman Meland, seconded by Councilman Elstrom, that the St. Louis Park City Council oppose the proposed rate increase requested bY Northern States Potiver Company. -367- The motion�oassed 6-0. 12c. Cormi�nications from the The City �lanaqer said that staff City Manager will be preoaring a report on the High►vay 100 and !J. 36th Street in- • tersection for the October 20, 1930 Council meeting. Ne suggested notice of this be sent to all the con- cerned citizens who have attended previous meetings on this issue. It was r�oved 5y Councilman Neland, staff be authorize� �o send notices regarding the forthcoming reoort on 100/W. 36th Street interchange. The motion passed 6-�, seconded by Councilman Ra11es, that to a list of concerned citizens design alternatives for the Highway Councilman ttartin inquired about r�aking an apoointnen� to the Planning Area Citi�ens Advisory Cor�mittee. President fl ro Tem Hanks said that he had r�entioned this position to Cliff Dahl. He said tl�e former committee menber, Len Thiel, had sug- gested th,at the �osition 5e filled by someone familiar with the Corm�unity Development �rogram and as'ced Council to 5e thin4:ing of candidates for thi s comr�i ss ion to he s;ag�ested at the next Counc i 1 r�eeti na . CLAI.IS, APPROPRIATIONS A��D COPlTRACT PAYMENTS 13a. Verified Claims Verified claims. It was moved b� Councilman Pleland, seconded by Councilman Martin, that th� list of verified clair�s �re�ared by the Director of Finance and directed to the City Council dated October 6, 198�J in the total amount of $377,936.93 be approved and the City Manager and City Treasurer be authorized to issue checks in the same ar�ount by a vote of 6-�. 13b. Contract Pa ents; Resolution No. 665�4 Contract payment, Final.(amended) It was moved by Councilman Pleland, seconded by Councilman Hartin, to waive reading and adoot Resolution �Jo. 6684 entitled, "Resolution accepting additional wor�; on Oxford Street landscapinc� project " and to authorize the followinq final amended cohtract:payment: 1) Amended final payment, oroject No. 66-386, landscapinq, Arcon Construction. Amount �7,165.90. It was noved by Councilman �lartin, seconded 5y Councilr�an i•telancl, to approve and authorize the following partial payments: -368- 1) °artial payment, �roject Nos. 77-26, 89-41, 79-51, IIO-05, &�-07, 80-�8, 30-25, 80-38, 30-40, paving, cur�, gutter sanitary sewer, !�orthwest Asphalt. Amount $2��,67G.69. 2) Partial payrrient, Project Nos. �0-01, �0-23, 80-42, b0-49, a0-56A, ��-563, �avinn, curb, autter, parking lot, alley paving, �orthwest Asphalt. Ariount: ;36,826.75. 3) Partial payment, Project No. 79-50, lift st�tion, Axel Newr,�an Neatin� � Plumbing. Amount: 512,365.77. 4) Partial pavment, Project No. ��-02, �0-06, uQ-'9, pavina, curb, �utter, sidev�alk rando� reoair, Progressive Contractors. Ar.iount: $138,261.�"0. 5} Partial payment, Project No. 7c;-2�, City ;iall garage, Georae Cook Construction. Amount: S12,Jb4.5�. 6) partial payment, sanitary sewer u q63,955.19. Prnject No. 79-35A, street reconstruction, related work, Northwest Asphalt. Amount; 7) Partia�l pa,�rt�ent, project 79-42, 80-19, sanitary sewer b water main, 3rorm � �ris, Inc. Amount: �62,494.52. 8) Partial vayment, Project No. 80-21, landscaping screen between yoneywell parking lot and residence, Ar�or Valley Landscapi�g, Inc. Amount: 51,307.20. 9) Partial pa�me�t, project No. 73-c��, control panel modificatiQns, Lee Richert Plumbing u Neating. Amount: �14,573.70. 1�J) Partial payr�e�t, °roject No. F�J-11, 8�-12, 80-15, a0-11, � aJ-26, 80-3J, iI�J-41, 8�J-11A, �0-;7, o0-Sa, street lighting, Premier Electric �onstruction Coro. Ar�ountg21,394.95. The motion passed 6-0. 14. Adjournment Attest: :�� ] P t Smi�h Recordin� Secretary On motion of Councilnan Ralles, seconded by Councilnan 9ackes, the r�eetina was adjourned at 10:35 p.r.i. by a vote of o-0. //��'��' Phyll' McQuaid, t4ayor -369- ' ��`.�.