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Home My WebLink About1979/10/02 - ADMIN - Minutes - City Council - Regular..�/"'.�'��_.. - -_' � ._'.� X. 2. 3. Call to Order Present�tions Ro 11 G� 1.1 MII�UTES ��TY C�O�JNCII, MEETING ST � LOUIS PAI�K, MIN�IESCITA October 2, 1fl79 A regula7 meetin� of th� City Gounci� was called to oxde�r 1ay Mayor Hpward at 7:30 p.m, None� The �ol�ow�ng CQuncilmet� were p,re$en�. at ro11 cal,� : RAr�a1d Backes Jerro�ld Martin John Ralles C,ouncilman Hanks arri�ted a� 9:1+0 ,p.m. Martt�a Elst��om I�e�th Meland Frank Howard Also pres�n��wexe the City M�nagsr, City At'tprney, City Engit�e�r and City Assesso�. 4 . App rov�a 1 of Minu.�es pi-.rgc�tq�* of Planning, �� was �nQved by C�ou�cilman �Ralles, second�ed by �Council�an Backes,�to gRp'�ove the miputes of the Ci�t� Couneil, meetings held �Sep��mber '4, 10, 15 and 17, 1979, amended as follqw�s: Minut�s �of Septe�nber 4, (Councilma.n Meland was �c��g .� �e vote pn o£emo�e) ,�d 9e was 6-4 r�at present at ti.me � Amend Page 278, second paxagXaph� "It was Minut�es o�� eptember 10, �-9�9 � er d.ay £�n� .b� susp��ded. The moved by Councilman Martin C��a� ther�$500 p motion fail�d for lack of a second. er 15 1979 - Cpuncilman �ackes was not ptasen� during Minutes of Sept�mb � th� F�ir�st �po�g�ion o�f �t�he meeting. The moti'on passed 6�-0 • �a. Approv�l of da Counc 'i1ma� �aci::es , s econded by T,t w�s moved by to a�Prove the �ar.sent agenda Caunci�.ma�, E15 trom, ��.pc�ober 2, 197�� as,Pre�Ented. T�e motipr} p�.sSed �-4•• seconded by Councilman Meland, to e aaditio� a�� tem lOg� I� was moved ounci,lman ,Ra11es� 979, �y � obe� 2.� 7.. with �� approv� �tfie agenda far 4�� .non 'Aven�e` Naegele B�1�board at H}gl�Wa� xhe mo G i,or� pa s s ed 6-�. 6a . Rev�_...-'e- Stlarin _ Counc�l m�nutes, October 2, 1979 City • PUBLIG HEARINGS Revenue sharing entitlement tunds, as described in Notice of Hearing published September 19, 1979. There being M�yor declared the hearing closed. no one present wishing to speak, the it was moved by Councilman Meland, approve the proposed use of revenue 1979-1.980. � The motion passed 6-0. 6b. Project 77-11A; Resolution No. 6378 seconded by Councilman Ralles, to sharing entitlem�nt funds for Assessment, Project 77-11A, Candlestick Park area paving, as d�scribed in Noti�e of Hearing published September 26, 1979. The City Council was informed the City Assessor has made a before and aFter market improvement valuation analysis on each of the assessed parcels in the pro�ect and is of thetheltotaltamountlofsthesspecial enhance the value of the par�els by , assessment. � There being no hearing closed. one present wishing to speak,�the Mayot declared the It was moved by Councilman Ralles, 5econded by Councilman Martin, to waive reading and adopt Resolution No. 6378, entitled "Resolution adopting assessment, Improvement No. 77-11A." The motion passed 6-0. Later in the evening (8 p.m.) the Mayor permitted Rob ert Ehrenbe.rg to read'a statement protesting the assessments of Projects 77-11(A)&($) to the properties owned by Grace E. Freidheim and urging the Council to not adopt the assessment role during the meeting. The statement was received for placement in the project f iles. 6c. Project 77-11B; Resolution No. 6379 Assessment, Project 77-11B, Vernon/Cedar Lake Road/Highway 12 paving, as described in Notice of Hearing published September 26, 1979. The Council was informed the City Assessor has made a.before and after market improvement valuation analysis on each of the assessed parcels in the project and is of the opinion that all a5sessments enhance the value of the parcels by the �otal amount of tl�e special assessment. There being no one present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Martin, seconded by reading and adopt Resolu�ion No. 6379, entitled assessment, Improvement No. 6379." The motion passed 6-0. , -314- Councilman Ralles, to waive "Resoluti�n adopting ��,___.. City Council minutes, October 2, 1979 . , bd • PrO ec t 78-01, ssessment , Pro� ect 78-p1, Park Knoll axea Resolutlon No. 6380 SeptemberS26escribed in Notice of Hearing publis , 1979. hed The City Council was informed the City Assessor has made a before and after market improvement valuation analysis on each of the assessed parcels in the pro�ect and is of the opinion that all assessments enhance the value of the par.cels by the total amount of the special assessment. A, C. Guz2i, 3501 Rhode Island �Avenue, stated several hoies exist in the street which are becoming larger and which during the winter will become worse . �ie said a crack also exists i.n the curb and gutter. He asked the total cost of the project computed for 20 years at 7 percent interest. Mayor Noward directed the Engineering Department to check and correct any faul�s prior to win�er. The City Manager e�cplained the streets are guaranteed for 20 years, and the problem would be corrected. � Ken Schneider, 3544 Quebec Avenue, requested four-way stop$ on Quebec Avenue/West 35 Street and signs indicating two-ton load limits to ensure residential traff ic only. He also requested an explanativn of, in his opinion, an in�onsistency in his assessment and that for the property at 3601 Quebec Avenue. Councilman Meland explained that upon completion of improvement proj�cts, staff routinely reviews the need for additional regulations. Mayor Howard requested that the City MaIIager provide a report to the Ward Councilman on City alternatives or policies which could prohibit commercial traff ic from disrupting residential areas late at night� The City Assessor explained the frontage, etc., used to compute the assessmenC for 3601 Quebec Avenue. Eugene G�uhlke, 3420 F�hode Island Avenue, said he would l.ike to see consistency in work and fo�low-through when placing sod. I�e explained one-half of the sod was laid on his property, then the w�rkers were relocated; the sod was not watered�and began to die. He continued that upon completing the project, the contractor did not ro�l tl�e area nor water correctly, and the sod is not healthy. He suggested conr_ractors Should have an employee available tp review the con�diai�nCitytHal�l�d� so the properCy owner does not find it necessarY t William Lewis 3531 Rhode Island Avenue, s�ated.he"had �i��a� ��t�d the problems with�sod. He also cYted poor street d�airiage�and sugg curb was v 1. He also believed he had 34 feet of fro�tage, and no t le e the assessment records �ndicate�4S feet. ' be required to r�Place dead sod; Mayor yoward stated Che contrattor wi11 e3r5 and he also expla�ned that the streets ax'e gua�anteed far l0 y. Will be corrected. . -315- -,--� - . � . City Cauncil minutes, October 2, 1979 The City AsseSsor stated the fig ures would be reviewed He said Mr. Lewis assessment corrected if nea�dsaof.driveway apron. assessed for four square y 'Mayor Howard asked findings. and the is also being that Mr. Lewis be noCif ied in writing of the Responding to a question from Mayor Howard, the City Manager explained the Council granted a waiver to the liquidated damages clause of the contract, in that the contractor's p�rformance was affected by a cement shortage. Linda Larson asked if Ms. and disabled was eligible Viola Sellin, 3401 Quebec Avenue, who is 64 for deferment of the assessment. The City Assessor explained persons are therefore, he explained her assessment of which could be deferred. There being no one further wishing hearing closed. eligible upon reaching age 65; for the next year, the balance to speak, the Mayor declared the Councilman Meland noted the as,sessment�role includes conferring side- street benefits to properties located south of the midblock line between West 36 and 37 Streets at Sumter, Rhode Island, Quebec and Pennsylvania Avenues. He believed the side-street asses�ment should be removed from those properties, in that they will be assessed upon the proposed improvement of West 37 Street. Councilman Martin concurred; he also recommended wh enever staff deviates from standard side-street policy, this be reported to the Council. The City Assessor explained that due to the blocks in the interior project, he deviated street policy in accordance with a previous equalizing the rate per front-foot benefit lots. He said if paving, curb and gutter i Street, properties would only be assessed f lots . ir�egular distances of the frorn the standard side- Council resolution of to a uniform r�te for interior � installed on West 37 or direct benefit of corner It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6380, entitled "Resolution adopting assessment, Improvement No. 78-Q1," amended to not assess side-street benefit to the south one-half of Pennsylvania, Quebec, Rhode Island and Sumter Avenues between West 36 and 37 Streets. Responding to Councilman Elstrom, the City Assessor explained the additional money to pay for the project will be taken from the general fund. The motion passed 4-1-1 (Councilman abstained), Later, Peter assessments assessments Elstrom opposed; Councilman Ralles Jgn, 3628 Quebec Avenue, compared his for property owned in Minnea�olis. He a�'e almos t Cwice that of Minneapol is , -316- assessment wi[h safd St. L�uiS pRrl� and he �sked how ----- ----�°-'•`"..� -� . r�'-""""""'"_ City Council minutes, October 2, 197g St. ��is PaXk computes assessments. y.��.qr Now'ard stated that without knowledge of the Minneapalis Specifications, one could only speculate upon the difference. He said the Assessor has computed a proportionaLe sha�e on an equal�and fair He su ested Mr. J n • basis. gg $ provide the City Engineering Department with data indicating why the Minneapolis assess�ent was lower; he noted the �ssessment had also been reduced by $281, due to Councilman Meland's mo t ion . �e. Project 78-02; Resolution No. 6381 Assessment, Project 7g_02, plorth Eliot paving, as de5cribed in Notice of Heazing publis�ed September �26, 1979. There being no one present wishing to speak, the Mayor declared the hearing closed. it was moved by Counci�.man Ralles, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6381, entitled "Resolution adopting assessment, Improvement No. 78-02." The motion passed 6-0. bf . Proj ect 78-33 ; Resolution No. 6382 Assessment, Project 78-33, alley paving, West 26 to 27 Street between Xenwood and We�ster Avenues, as described in Notice of Hearing publisYied September 26, 1979. The Council was informed the Gity Assessor has made a before and after market improvement valuat ion analysis on each of the�assessed parcels in the project and is of the opinion 'that all assessments enhance the value of the parcels by the total amount of the:sp�cial assessment. Roger Mel,lman, . 2604 Webster; the resident at 26'4�8 Webster; Doug Gullifer, 2608 Webster, stated it had been their understanding when signing the petition; that the cost to each property owner would be from $4 to $5 per running foot; they were also of the impression that the petition was to r.equ.�st an estimate of the co�t. The City Manager submitted the petition contained within tre project file and said it did not refer to cost. He said the e�timate at the time of the improvemen t hearing was $16,914—the aceepted low bid was $18,845. Councilman Elstrom said 5he aCtiended the neighbori:ood meeting prior to the ublic he rin on the roje�t�, �and the estimatcd co�t was presented p a g P at that time. � Councilman Martin su esCed that'Che resident who ci�'cula�ed the _ gg Petition stated an incorrec� ��igure, ert oTanei'may circulate a petition; the M�YOz Howard explained an� prop Y City does not. • ci �y Cc��tnc�.:1 tn:inuLe�, �tr. G��l.li.f��l s�td thc con�.rnc�or rt�yc�r iic�wr;rd pctoUer 2, 19�9 left 80 feet o� unimproved section, c�equi5�ed �he Ctty Engineer "('h�re hc�ic�� no ht�i�r�in� clr��ed. ko inspect the area. �,Yle ft�rthex wi�h�n� to speak, the Mayar declared the Couilci 1mr�n MarGin, seconded It W�� n�oveti by 6382 w�ive t-e�d��xlfi .�n� fl�o�t Reso�ution No• � acioptinfi �ss�ssment, Improvement No. 78-33•�� The moCion passed 6-0. 6g. Pro'ect 78-37; Assessment, Froject Resalution No. 6383 road, as described published September Tliere being no ' hearing closed. by Councilman Backes, to entitled "Resolution 78-37, Highway 18 frontage in Notice of Hearing 26, 1979. one presen�. wishing to speak, the Mayor declared the It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6383, entitled "Resolution adopting assessment, Improvement No. 78-37." The motion passed 6-0. 6h. Pro� ect 78-37; Resolution No. 6384 Assessment, Project 77-63, street lighting, West 35 Street from Highway 100 to Belr Line Boulevard, and Raleigh Avenue from West 36 to 35 Streets. The Council was informed the City Assessor has made a before and after market improvement valuation analysis on each of the assessed parcels in the project an8 is of the opinion that all assessments enhance the value of the parcels by the total amount of the special assessment. Robert Ehrenberg said it was his understand ing t�jat project benefit woulc] be assigned to Wolfe Park. He to pretty much benefit the entire area and suggesCed a per-acre or square-foot basis. a portion of the believed the project it be assessed on The City Assessor explained that lights were not installed on 9e1t Line Boulevard. Properties vhich are illuminated are assessed �ndirecC benefit and the balance on the basis of front-foot fo�r direct benefit. The property owner at 4905 West 35 Street said she was not no[ified o� the public hearing y�hich was held Oc[ober 3, 1977, al[hough she acquired a contract- for deed in Jur�e, 1977, She stated the prc�peTty benefi[s by the lighkfng but noted [he sod had not been xe laced. P The Citq Manager said the matter would be would be �replaced . �.� -318- inves[�gated and ihe sod � � ' C�ty Council minutest pctober 2, 1979 Zn response to Mayor Howard, maiied to the last propert� the City would not be aware the City Assessor explained notices were owner of record; if a sale is not recorded, of the current owrier. The City Manager stated the notice of the improvement heaxing was • � mailed to W. H. Shaefer, the former owner of the building. There being no one hearing closed. furthex� wishing to speak, the Mayor deelared the It was moved by CounGilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6384 entitled "Resolution adopting assessment, Improvement I�o, 78_37,�� The motion passed 6-0. 6i. Raymond Var�,ance; Resolution No. 6385 Applica,tion of Leslie Raymond for variance in rear setback a� 5724 West 36 Street, as described in Not�ce of Hearing published September 19, 1979. There being no one present wishing to speak, the Mayor declared the hearing clos�d. , It was moved by Councilman Meland, seconded by Councilman Martin, to waive readi�g and adopt Re$olution No. 6385, er►titled "A resolution granting v�ariance in rear yard setback from Section 14-173(6) of the Ordinance �ode rglating to zoning to permi� a rgar yard Setback of �,67 feet insCead of the required ten feet in the I-1 District at 5%24 West 36 Street, under specified cqnditions." The motion passed 6-0. 6j. Chapman Zoning Change ; Application of Loyal Chapman �or zoning change f rom residential to husiness at 9500 Minnetonka Boulevard, as d,escri�ed in Noti�e o£ Hearing published September 19, ],979. Councilman Ra12es reported tha� the applicant conk�ered him prior to the meeting, s�ating it is not his intention to cl��nnge the zoning, and if he is unable to purchase Che four �butt�ing lo�s �t a reasonable price, �e will nor proceed w ith his plans; therefore, he requested the Council to continue the hearing to November 5, 1979. Councilman Martin asked the zoni�g, in ttiat the uae but to a future use. if �he use Cou1d be pex'rnitCe� withouG changing residente' concerns rels�k�e not to the proposed The Plannin Director e�cplained the presenr zonin� daes n.ot a11Uw the g at�on; the operation of an art studio, except as a home occup ation. aPplicant�s proposal does not meet. tlie requirements fpr a home occup LeRoy Freiborp, �930 �ndependence Avenue, zoning change. -319- $poke in oPPQsiCion tio�the City Council minutes, actober 2, 1979 There being no one hearing closed. f urther w�shing It Was moved by Councilman Meland, reject the rezoning re�uest. The motion passed 6-0. 6k. Meadow Tree Reassessment to speak, the Mayor declared the seconded by Councilman Backes, to Reassessment, from June 18, 17, 1979). Meadow Tree Addition (continued July 16, August 20, 5eptember 4& The City Attorney stated the memorandum provided the attorney's opinion on the matter, and it is the assessments for collection. to the Council indicates appropriate to certify lierbert C. Davis, representing the property owner, requested a copy of the memorandum, and said it was his understanding that the City Attorney takes the position there was a valid assessment of the improve- ments. Ne said the property was originally forfeit f.or taxes to the State; the City requested it be deeded to the City for its use and held it until tt�e early 1970s, during which'time the subjPct improvements were, ordered by the CiCy. The improvements in�luded grading and the installation of water. The land was then transf erred to the State and acquired by his client's predecessor. He concurred with the statement at the public offering that some special assessments were owed, but noted his client discovered that one of the improvements was the installation of a watermain which was not constructed so as to provide connections to serve the properties. In addition, a storm sewer is in such a position next to the watermain which prevents use by the prop�rty; therefore, he submitted that any benefit of the improvement cannot be used by the purchaser. Mr. Davis distributed an opinion dated September 13, 1979, from DeWayne C. Olson Consulting Engineers, Inc., which suggested that to minimize costs of existing street and curb replacement, the sanitary sewer be constructed in back of the curb. He concluded by stating it is the responsibility of the governing body to deal with its own properties carefully; that when the City orders useless improvements which require duplication in order for the property to be used, it owes a responsibility in defraying some of the costs for the deveioper. Follo�ing further discussion, the Mayor declared the hearing closed. Councilman Martin asked if any of the proposed $39,900 assessment benefits the property. The City Manager said it is the contention of staff that the entire proposed assessment benefits the property. He noted the resolution did not contain an assessment for sanitary seKe�• M�. Davis said it is the contention of his client thak because the City installed the �ermanent surface on the street, it wou�d be contrary to Che City's o� pol�cy to excavate the street in order �o install sanitary sewer. H� said when he asked to review the Cit�•�a records to determine wh�t proportion of the radin c�sts was nece.ss�r`� for su � , he was advisedgthe records were destra��'�� pp�rt of the wate�main -320- c...-•y"•�--• -�r`-yr._-.. - �*"-3'Mflt�q`- _ _ � � „�,,,�,,,_.�..'_ � _�. _.�__ _ _ -- - ---- - �- - ��«� Cou►lcil minutes, October 2, �g79 tr turther discussion, Councilma❑ Meland moved to tiaive � c t�. Y g reading and �dopt the resolution certif in the assessment, The ,a�otiun failed for lack of a�econd. �t ,�as moved by Councilman Martin, seconded by CounciLaan flackes, to Yefet the it�m to staff to negotiate with the o�mer as to relief, follok•ing which slternatives would be presented to the City Council f�,� �c t ion . The �otion passed 6-0. �L, I�ousin Pg lan; Housing plan (continued from September 4 and ttesolution No. 63$6 17, 1979). There being no one present wishing to speak, the Mayor declared the hearing elosed. It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6386, entitled "Resolution approving [iousing P1an and Pxogram, 1979-1981.” The motion passed 6-0. 7a. Business Women PETITIONS, REQUESTS AND COMMUNICATIONS A proelamation designating National Business � Women's Week was approved by consent. �b. France France Avenue north of Excelsior Boulevard; Avenue Coimnunication from Gearge DuFour. The City Manager reported the stree� is currently being constructed per order of the Council. George DuFour stated that approximately seven or eight years in the past, an application was made to rezone the former Acme Lumber Company site (3200 France Avenue) to residential. Ne said the request was opposed by the residents who wanted the propert}- to remain zQned industrial; therefore, he sugg�sre� 3 nine-ton ��aCe��P��he}'areald be in keeping with industrial zoning and the Pz�tez�t residents� and he believed they shou_ld suppo�t th� he��vi�r weight. M�y�r Howard residents d 1d site. explained, that so to prevent �osi.t� residenCi.al 4oning> tlie �rea when oPE � the location o.f apartment buil�in�s on the � ' � �C? C�t1' ��O1�C)' ♦ Mayor HowaXd and CowlciZman Back�� notec� thol ��nG�`�b�bR��t.��zd tc, tt�e the addi.rional cost to upgrRde the s�reet ,cA��e��ed �1z ��,x ��nt foot re9iden�ial pr�operties whi�h a�e current�.) for screet GonstrucCioil. r�F� �� Re9pondin� la � question from C�uncilmnn �'�Y the aciditior�al co�t. rt��x-t�r , rix . nt�r,�t�r �� (aiCy C�urtcil. m:�tlu�� Oc;Gober 2, ].919 1i Cot��lc:il.mnr� r�alt�{ti, gecondr.d by C�uncil.man 13�ckeg, LC w,�:: ntovt'd Y �; al�c�� Av��n��' t►orrh p� �xce.lsic�x �O��berAsges9edito the ��pp r��v�. t r � p 00� wot • r.lic �stim,�ted coRt o.�' $-- ' caE��ci.ty, Fr�nce Avenue. pzQpE�rty rwnex' a� 320(� �ta or ��oward req�cesked that the City Attorney pr�p�re an agre�ment b �y�,��,c��e� tiy M�. Du�our a� property owner of 3200 France Avenue. to t6 Tt�� C�ity Engin�er stated Cl�e street would tbefore tllerasphalttisrpoured. it would be �1pprox�.ma��l.y Oc�ober �+, 1979, Tt�e mot�on pr�ssec� 6-0. Sa. Securities; � Resolution 6387 8b. State Aid; Resolution No. 6388 3c. Misc. Assessments; Resolution No'. 6389 8d. 1979 Tax Levies; Resolution No. 6390 Se. Folice Relie� Assn.; Resolution No. 6391 8f. Fire Relie�' Assn.; Resolution No. 6392 8g. Bond Sale; Resolution No. 6377 RLSOLUTIONS AND ORDINANCCS The Council �dopted Resolution "'Resolution approvin� securities from Shelard Nat.ional Bank, St. Minnesota," by consent. No. 6387, entitled for collateral Louis Park, Thc Cot�ncil adopted Resoltltiun No. 638�3, "Resolution reqtieseing maximum allotm�nG general maintenance of state aid street by consent. � The Council adopted Resolution "Resolution lev}ting assessment water/sewer charges, nuisance removal," by consent. entitled for system," No. 6389, entitled for delinquent abatement and tree The Council adopted Resolution No. 6390, enti[led "Resolution approving 1979 tax l�vies, collectible in 1980," by consent. The "A of by Council adopted Resolution No. 6391, entitled resolution setting minimum tax levy for su�Poct the St. Louis Park Police RelieF Association." consent. The Council adopted Resol�tion No "A resolution settfn� minimum tax of the St. LoUis Park Fire Relief by consent. 6392, entitled lew for support Assaciatfon, �� The Council adopted Resolution No. 6377. enti.tled "A resolution providing for the issuance and sale of $4 million� general. obligation impz'ovement b`�nd` of 1919 and authorizing adveTtisement for b��c," by� consent, . -322- r City Council mi.nutes, October 2, 1979 Sh • Re f._--us-='. Crlec�l.°�- . Co�� Resolution setting annual service charge for collection of garbage and refuse and levying assessment of costs. It was moved by Councilman Meland, seconded,by Councilman Elstrom, to re j ect . �e motion passed 6-0 (Councilman Martin not present; Counc�lman Hanks present) . � . Si. ��Iy . Resolution No. 6393 8' J• Resolution relating to LOGIS. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6393, entitled "LOGIS resolukion agreeing to proprietary regulations of O.S.I." The motion passed 6-0 (Councilman Martin not present). 1980 Budget Firs� reading of ordinance adopting 1980 budget. Councilman Elstrom, t October 15, 1979. � 8k, It was moved by Councilman Meland, seconded by to waive first reading and set second reading for The motiqn passed 6-0 (Councilm�n Martin not prese�t). Subdivision First reading of ardinance relating to subdivider prdinance performance bond. , It was moved by Councilmano�dinancesandnset by Councilman Mel�and, Co waive first reading of the . second reading for October 15, 1979. The motion passed 6-0 (Councilman Martin not pxesent). 9a. Park and Recreation Comm�.ssio� nr. ni1nTC (1Ti� nFF'L CERS . BOARllS • ANn C01`�11TTF'ES L�L� 1 v a�+ �+ " - The minuCes of the Park and Recr��ni979isWe�e Commission meeCing h�ld Septembe � p�dered filed by consent. 9b. Community Relations Commission 9c. P].anning Com i ion o� rhe Community R�xa��ns Commission The �+�nu�e� �ember 13, i979, �Jere ordered meeting held Sep filed by consent. . f the Planning CommiSsior► ans held The minutes o �ti�ee mee�:ing Ni hwaYs Subco� consent. Street�s and �9�9 � W�re ordered filed by September 19, .. .•, . . . _ . . . - - :�,.�.:: Yr.� �� City Council minutes, October 2, 9d . Au�us t T'inanc ial Re.--�—`r= 9e. City It1ciner�tor Tl�e Augus t , �-9 79 , filed by consent. 1979 £inanclal rEport was order�d Second reading °� deferredefromhAugustg6Sa1979); City 3.nc�nerator ( report on recycling use. �t was moved by Counc�lman Meland, seconded by Cou�.cilman Martin, to waive second reading and adopt the ordinance authorizing sa�le of the property to Noigaard's. Councilman Hanks sug�;�5�e� �t would h� aPpropriate to not se11 the praperty pri.or to a deLermi.nation of Wh�o�eaardesbtolaccommodatebaccess storage. lle sug��sterl staff. work with � to irs property. It was moved by Councilma�l tlanks, seconded by Councilman Backes, to table the item. The motion passed 4-3 (Councilmen Martin, Meland and Mayor Howard opposed). It was moved by Councilman Ra11es, seconded by Cpuncilman Hanks, that the City rtanager report on th� cost ro use the bui�ding as an incinerator; the cost benef3t if used as a recyclii�g centert The City Manager stated a report, as requested, would require 45 to�60 days. Councilman El�trom explained the Oommunity Relations Commission is interested in the building's use for recycling and should have an analysis on the option to coincide with the City Manager's report on cost estimate. She noted, however, the Commission proposes the building be used for storage and not for firing. SY�e requested that the report include the building's potential as a recycling depository. Councilman Hanks off�red an amen.dment to the motion to include consideration of granting an easement or lease to �ioigaard's for access. Councilman Martin offered an amendment to the motion to include a report on the costs o£ converting the existing building versus constructing a new bui3.ding. The moti.on, with amendments, passed 7-p, The City Manager stated he would report on the results of discussions with Hoigaard's at the October 15, 1979, meeting, if possible. 9f. 6009 Wayzata Blvd.; Resolution No. 6394 Request of FBI and Mork Company for special permit �o conduct automobile xepair at 6009 Wayzata Boulevard. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6394, entitled "Resolution gzantin$ permit uncler Section 14-156(18) of tlie Ordinance Code to permit :� m.inor automobile repair facility in the B-2 District at 6009 Wayzata Boiilevard." TI�e motion passed 7-0, -324- qg. Knollwood Plaza City Council minutes, October 2, 1g�9 Request of General Growth Corporation to amend existing special permit at Knollwood Plaza. Councilman Martin asked why the proposed exterior materials seem to be undesirable and not consistent with the quality originally proposed b the developer. y Tt�e Planning Director explained normally the exterior plaster is 1/2 to 3/4 inch thick, and in Minnesota weather is not as durable as solid stone. He said the original proposal was six-inch split base block. He exhibited a photograph of the proposed slip-off ramp and explained the applicant has agreed to lessen the angle of the curve. Phil Engel, representing the applicant, explained plaster is proposed to detract from the mass of the building and provide flexibility as leases expire to revise existing areas to the new standard. He continued that the supplier of the original exterior material cannot guarantee matching colors, etc., of subsequent orders; this would be possible with the plaster. Responding to Councilman Meland, he listed clients of the designer located in Minnesota and North Dakota. He said the applicant anticipates upgrading the entire center with the proposed exterior material to revise and tie the store fronts together. Councilman Meland reported the applicant has filed a tax petition against the City relating to evaluation of the property. It was moved by Councilman Meland, seconded by Councilman RaTles, to table the item until the tax petition is resolved or withdrawn. The motion failed 3-4 (Councilmen Elstrom, Ralles and Meland in favor). After further discussion, it was moved by Councilman Hanks, seconded by Councilman Meland, to defer action until the Planning Commission reconsiders the.application on Octoher 17, 1979. The motion passed 5-2 (Councilmen MarCin and Backes opposed). 9h. Reiss Restaurant; Resolution No. 6395 Request of Reiss Restaurant for special permit to expand restaurant and parking lot ar 6900 West Lake Street. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6395, Entitled "A resolution granting permit under Section 14-183 of the Ordinance Code relaCin� to zoning to permit the expansion of a Class I Restaurant and liquor store in the I-3, Industrial District, at 6900 West Lake Street." The motion passed 7-0. 9i. 6817 Wayzata Blvd.; Resolution No. 6396 ecial ermit to Request of William Cooper for sp P allow warehouse at 6817 Idayzata Boulevard. It was moved by Councilman Ralles, seconded by Councilman Backes, t° rantin waive re�zdin 1nd ado t ResoluCion No. 6396, entitled A resolution g g I��rmlt �inder��ect��an .�14-15h of' L'he Ordin�ricc' (%�c1� �o P�rmtt w�ireliouse use In Lhc li-2 �eneral �3usin�ss DistricC, at 68.1_7 W��y?1�<� Boulevard." � The motion passed 7-a. -325- , ," . Gity Council 9j, 7205 Wayzata blvd•; Resolution No. 6397 minutes, October 2, 1979 Request o� rlichael MacKany to al.low automotive service Wayzata Boulevard. for special permit center at 7205 riartin noCed that although staff recommends approval of the Councilman enda has similar conditions with st�bject request, Item 9k on the ag and staff recommends denial. respect to Louisiana Avenue/Highway 12, ro osed upgrading of Nighway 12 The Planning Director referred to the P pe road at Louisiana Avenue. and the possible�detachment of the frontag Ne said Louisiana Avenue is recognized as a ms�Which�wouldfattractthigh City and concern has been expressed about use erties. He volumes of traffic and turning movements into these prop continued that traffic from an automotive Saurant candethe�recommenda- approximately one-tenth of that from a rest � tion of denial was based upon that criteria. Councilman Martin agreed access to each of from the service roads, and this would not Avenue. He also believed the final plans affect each property. • the properties should be adversely affect Louisiana for Highway 12 would equally Followin� discussion, it was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolutian No. 6379, entitled "A resolution granting permit under 5ection 14-156(I8) of the Ordinance Code.to permit an automotive service center in a B-2 Business District at 7205 Wayzata Boulevard," amending Condition No. 1 to read: "...there shall be no access provided along the east sid e of the property to or from Louisiana Avenue, and the two driveways which currently exist shall be closed and landscaped with continuous concrete curb provided along the inside edge in accordance with ordinance requirements." The motion passed 6-1 (Councilman Hanks opposed). 9k. 7121 Wayzata Blvd.; Request of George Daniels for. special permit to Special Fermit Request locate Class IV restaurant (Mr. Donut) at 7121 Wayzata Boulevard. It was moved by Councilman Hanks to reject. Councilman Backes referred to staff's five reasons recommending denial and did not agree that any were justification for rejecting the application. CounciZman Martin referred to Item 9j on the agenda and approval of the applications would improve both parcels, find justification for the staff recommendation. suggested and he did not Responding to ques[ions, George Daniels, applicant, stated he Would agree with the elimination of the ct�rb cut at Louisfana Avent�e. Ne said A n�'� buflding would be cons[ructed cantaininR seating for 27 patrons; there would not be waitress service, and customers would �;� to the c�un[er f°T donuts and coffee, He added that 85 to 90 percen[ of t.t�e bUQ�nQSG v°"ld he take-out. -326- _ ---p-�1 � � City Council minutes, October 2, 1979 . Counc:�Zman Hanks aske why the staff report did not comment �,aterials and design, etc : ��e believed that the Council uPon building routinely presented that information in the � had been applications f or special permit . Past when reviewing " Counci]_man additional Avenue. Elstrom expressed concern that the traff ic f rom an uncontrolled servicerroadatoWLauisganerate na It was moved by Counc ilman Hanks, seconded by Councilman Meland, to table the request until staff provides complete information on the application. The motion failed 3-4 �Councilmen Elstrom, Hanks and Meland in favor). Councilman Hanks withdrew his original motion to reject. It was moved by Counc�lman Meland to reject. The motion failed for lack of a second. It was moved by Councilman Ralles, seconded by Councilman Martin, to auChorize preparation of an approving resolution for consideration on October 15, 1979. � Responding to a question f rom Councilman Martin, the Planning Director explained when applications are satisfactory with respect to plans and if the Planning Commission recommends approval, the Council is presented '� a thorough analysis and an approving resolution for adoption. He said the application before the Council was basically reviewed with respect to land use rather than design. The motion was withdrawn. It was moved by Councilman Meland ta refer the matter to staff and the Planning Commission f or further review and recommendation. The motion �ailed for lack of a second. Mr. Daniels explained his intent was to huild as soon as possible, and a delay of another month would postpone any construction until spring of 1980. It was moved by Councilman Hanks, seconded by defer the item to October 15, 1979. The motion passed 7-0. Addressing th process for a He said staff Councilman Martin, tio described the comments of rhe Council, the City Mana�er special permit request in a p ositive or negative sense. desires to comply with the wishes of the Council. -327- ` . � . . 10a. �ncil minutes, October 2, 1979 City Col Hanlcs said he W�S concerned that Councilman ted by the Planning Commission Staff used a policy which or the Council as a reason was not adop for denial. Commission had • Director e:�plained if the Pouldihave been presented The Plann1ng olicy, it w recommended adop tion of the P reed to discuss Council. He said the Eommissio� hsdlong-range plans. eting to discuss the C Y the policy at a me f the ilman Backes said he had been��intao no�tWanta Counc llcant, We staff had informed the app �+ H tressed that such comments are rotally to the further member o , Mr. Donut on that inappropriate. site. e s ' ed the Council must decide if it wisheT aboardterials, Mayor Howard bellev etc., following the recommendation of denial �'Staf faandsthe advisory and those instructions should b e clarifie to boards. Appointments UNFINISHED BUSINESS AppoinCments to advisory boards and commissions. It was moved by Councilman Backes, to reappoint Marilyn Community Relations Commission. The motion passed 7-0. Councilman Elstrom, seconded by Hoeft to a full term on the The Council requested that interviews for youth representatives.tosbberds/ commissions be scheduled the evening of October 8, 1979; lnterview scheduled prior to the Oceober 15 Council meeting for Board of Zoning Appeals and Aealth Advisory Committee vacancies. lOb . Water Problem Water repair problem at 3409 Texas Avenue. It was moved by Councilman Meland, se�onded by Councilman Hanks,to def er the item to Qctober 15, 1979, and requested staff to contact the resident wiCh respect to interest in a City home repair program. The motion passed 7-0. lOc. Folding Stop Signs Folding stop signs (deferred from September 17, 1979) . Councilman Martin said following receipt of telephone calls from many citizens, he believed that prior to conductinR any action, an informational meetin� with the schools and area resid�nts should be scheduled. Ne also suggested that adult crossing guatds W°�ld provide better safety than stop signs. -328- �- ✓'_ _M-�""^�_ City Council minutes, October 2� 1q79 . ��;.�-i ! �;�r� �aekes Mras oE the opinion �r�etce� c fan Would be dangerous, and 1�`.��r f��r_��,y stop signs. Ne noted f��r��y have f our-�ay stops in the that any drastit cha�ge at ti� the concerned pe� �e a �ny schools i� Sp. DPear [o ie�ediate area. I'Ouis Park ��n� � l�,an Mart in believed other solutions could be f ound �athet than fcur-V3}• stop s igns . Iti �ds aav�d by Cou�cilman Maztin to schedule an infom,ational �ti�g, Th� ��idn failed for lack of a seccrnd, pat Kernan � 3101 Rhode Island ,� solut ioa f or the saf ety of no action prior to informing infornational meeting. Avenue, offered to work vith the City on the children and asked the Council to take the neighborhood or conducting an It was moved by Councilman Elstrom, seconded by Councilman Ralies, to renwve the foldi.ng stop signs at West Lake Street/Alabama Avenue and Hooddale/West 40 Street. It was moved by Councilman Backes, seconded by Councilman Meland, to table the item. The motion to tab le passed 4-2 (Mayor Howard and Councilman Martin opposed; Councilman Hanks not present) . - It was moved by Councilman Backes, seconded by Councilman l�eland, to � direct staff to sched ule a neighborhood meeting, informing representa- �ives of Holy Family and Most Holy Trinity parishes and the neighbonc�>od. � � Councilman Hanks arrived at 9:40 P•m• The Ci ty Manager said meeting, and a report .1979. the Public Works Department would scheduie the would be presented to the Council on November 5, Mayor Howard stated that Pat Kernan would serve as contact person for the Holy Family parish. Rotiert Reinhard, �+713 Vallacher Avenue, offered to serve as contact person for the Most Holy Trinity parish. The motion passed 6-0-1 (Councilman Hanks �iguor License; Big Ben's , abstained). ' Ben's Family Restaurant, Application of Blg 9950 Wayzata Boulevard f erand onlsale non- intoxicating wine licens intoxicating liquor license- It �as moved by Co�ncilman Hanks, reject. � seconded by Councilman Elstrom, to , =.� . City Coucic�l n�i��ureg, Octobc�r 2, 1.y�9 tin refer.�rcd to l:h� ��tn�n]. 1'�x£�Prriph of t'he t�C�f.f r�poxt, and Counci.].man rtax' _ aG��on" w�8 TIV�' F�� pp�'opr.i�t� c:ri�erl.on fox d�ni�l, �uggested pro�e� 1 11 , �� ie �tnf f mc�m�randum wr�� to l.� �i ned th�= l�t�r. pc�`�c The Cir_y M1n��;�r �XP ove�r��-n8 e1.i�i.bi�Lity requiremen�g fc�r. �ranting repo�t on tr�� ty ��ws R �le nc�ted Chat �t the �e� (wiri�). oci-salc intox.icating l i.quor ��cen. . 1ic hea�ing he1c� Se��mb�x �-� �nd 47t khe pres�nt t�me, two �Pplicatione puh p r , � w:Ln� and nonintoxicating. are presented for a p ava1. �ritoxical'in�, The motivn passed 6-0 (Councilman B$�kes w�s r�°r Preaent). 10e. Bid Bid tabul.arion for F1a� Avenue aewer. Tabulation - I� was mov�d by Counc:ilman Hankt�, seconded by Counci lmt�n Ra11es , to rej ee t the hid of. $13E�,0�t) f'or con5tr.uct:ion of sanitary sewer ro serve a portion nf the 2000 block of F1ag Avenue. Tn response to Lyle Aiken, 2QG8 F1a� Avenu�, Counc.ilman Hanks explained the bid received w�s 50 percent above the C�.ty's estimate. Councilman Ra11es s�immarized the background of rh� area and said a cost of $11,000 per lo� would be prohibitive. Ne reported that one res ident has had his house on the market for 60 days and is experiencing difficulty selling it because the proper�y lacks sanitary sewer. Mr. Aiken explained he was assessed for the trunk line in the past and now is denied access and must continue to use a septic tank. Councilman Martin believed at some time in the future, the City will have to provide.sewer to the area. The motion passed 7-0. Paul Eddy explained that when purchasing the property, he haci been informed sewer and water existed. It was moved by Councilman �ianks, seconded by Councilman Elstrom, to request a staff review of the situation and a recommendation for pro- viding sanitary sewer to Mr. Eddy's and the other two properties as soon as possible. The motion passed 7-0. lOf. Bid Tabulation Bid tabulation for Westwood Hills Nature CenteT building. It was moved by Councilman Meland, seconded bY Councilman Hanks, to reject the bids. Councilman Martin was concerned that the project wauld c�sC $R7 per squsre foot and suggested there must be an explanation, -330- � �� r�`" - City Council minutes, October 2, 1979 � he m�� i°� Passed 7-0. Tt was �oved by Councilman Backes, seconded by Councilman Meland, to �uthori�� staff to meet with the architect to explore all possible alternatives for redesign in an effort to lower the cost. The mot.ion passed 4-3 ,:-.�, Nae ele B il Iboard (Councilmen Martin, Hanks and Mayor �m„�ard opposed) . Naegele billboard at Vernon AvenueJHighvay 12 (requested by Councilman Meland). It was moved by Councilman Meland, seconded by Councilman Hanks, to remove the item from the table. The motion passed 6-1 (Counc ilman Backes opposed}, It was moved by Councilman Meland, seconded by Councilman Hanks, to authorize staff to discuss the s ituation with the Naegele Company and report to the Council on November 5, 1979. The motion passed 6-1 (Councilman Backes opposed). Councilman Elstrom requested that the businessmen in the ar�a be notified of the meeting. �ia. NSP Agreement; Resolution No. 6398 Louis Park and Northern adopted by consent. llb. Highway 12 Railroad; Resoiution No. 6399 NEW BUSINESS Agreement with NSP for street light maintenance. Resolution No. 6398, entitled "Resolution authorizing agreement between the City of St. States Power Company for street lighting," was Proposed signal Highway 12. for railroad crossing at Resolution No. 6399, entitled "Resolution requesting the Minnesota Department of Transportation to se� 5tem atcthe hearing relative to the maintenance of the proPOSed signal sy �� railroad crossing at Highway 12 between Zarthan and Colorado Avenues, was adopted by consent . Change Order/ Bus Plaza � Contract No. $450,fi66.Q9. Change Cedar order - bus Lake Road. roved Change Order No. gy consent, the Council aPP 1339, amounting to $13,50 p f or a total contract to date of plaza at Vernon Avenue/ 2, •��V t �l�; A ~ � • 1�. � ,,•.� ....,._ _ City Council minutes, lld. Chan e Order/ Lenox Change October 2, 197g order - Lenox Community Center. It was moved by Councilman Councilman Elstrom, to approve the change order in dditional exits, and to deduct the same amount f or a The City Manager explained claim. The motion passed 7-0. lle, Change Order/ Project 79-11 No. 3, extending December 1, 1979. llf. Liquor License Transf er lZa. Damage Claims Meland, seconded�by the amount of $13,341 from the design fee. the City Attorney is preparing a notice of Change Order request for - Collins Electric Company time extension. By consent, the Council approved Change the final completion date on Contract No. 1335 Order to By consent, the Council set public hearing for November 5, 197�9, on application for on-sale, Sunday-sale intoxicating liquorlicense at 5600 Wayzata Boulevard; Sweet Caroline's of Minnesota, Inc. MISCELLANEOUS Damage claims 1) Donald Drennan, 9904 2nd Avenue South; 2) Howard J. Schlaifer, 2627 Florida Avenue. The Council ordered the claims filed with the City Clerk for proper action by the City Manager and City Attorney by consent. 12b. Communications from Mayor 12c. Communications from Cit Manager CLAIMS 13a. Verified Clai.ms ---�r_ None. 1. Regional meeting of League of Minnesota Cities - The Council was requested to contact the City rlanager's Of f ice by Oc tober 15, and staff would make reservations for those interested in attending. APPROPRIATIONS AND_ CONTFtACT PAYt�FNTc On motion of Councilman Hanks, seconded by Councilman Meland, the list of verified claims prepared by the Director of Finance and directed to the City Council, dated October Z, 1979, in the total amountg of $368�p40.44 for vendors anc� $11 13�3.-�0 foX were approved, and the C � p�}�toll i�y rtana�er, Ci ty f'1 crk and C i ty Treaq►�rer �k're authorized to issue ck�ecks in the same arnounts b a vote o.f 7-0. Y �332-- i�b �entrarl Ya ents Gity Council minutes, October 2, 1979 T r w�� m�v�ci hy C�un�i iman Meland ('��unc i lman Backe� + geconded by f �1 lowin '�� '�rPrnve and authorize the g partial ��ntr.�ct payments: 1) Partial payment, Projects 79-01 79-03 79-08, 79-43, paving, sidewalk and misc, utilities, Hardrives, Inc. Amount: $106,458.84. 2) Partia 1 payment, Projects 79-13, 78-44, 78-46, paving, curb and gutter, Hardrives, Inc. Amount: $95,785,65. 3) Partial payment, Projects 77-11A, 77-11B & 74-22, paving, curb and gutter, Hardrives, Inc. Amount: $49,h6�.07. 4) Partial payment, Project 78-20, City Hall gara�e, Sun Mechanical and Elec,trical Co. Amount: $17,063.70. 5) Partial payment, Project 78-20, City Hall Garage, George F. Cook Construction Co. Amount: $51,932.90. 6) Partial payment, Projects 74-39, 77-38B, 79-04, 79-07, 79-35, 79-35A, 79-53 and 78-S2A, paving, curb, gutter, alley p��vinQ .�ncl parking lots, Arcon Construction Company. Am��unt : $R0, 616. $6. 7) Partial payment, Projects 77-11C, 78-48, 78-49 and 78-44A, street lighting, Collins Electric ComPany. Amount: $40,500. 8) Partial payment, ProjecL- 78-20, City Hall garage, West Electric Company. Amount: $1,967.40. 9) Partial payment, Project �79-49, landscaping, Natural Green, Inc. �m�unt: $8,538.30. The motion passed 7-0. 14 . Ad j ournment Attest: ��_ Beverly rlanagan Recording Secretary Un motion of Co�incilman Councilman Mark ln, tlie at 11:45 p.m. by a vote !lanks, m�eting of 7-Q. Mayor -33`�- s�canded by was adjourned