HomeMy WebLinkAbout1979/11/05 - ADMIN - Minutes - City Council - Regular1.
2.
3.
Call to Order
Presentations
Roll Call
r��Nur�s
CT'i'Y COUNCII. M��rTING
5'T . 1�OUIS PARK, MINNESOTA
November 5, 1979
A regular meeting
called to order by
7:41 p.m.
None.
TF�e f ollowing
roll call:
of the City Council was
Mayor Frank J. Howard at
Councilmen were present at
Ronald Backes
Martha Elstrom
Lyle Hanks
Councilman Martin arrived at 7:50 p.m.
KeiCh Meland
John Ra11es
Frank Howard
Also present were the City Manager, City Attorney, Director of
Planning and Director of Public Works.
4. Approval
of Minutes
It was moved by Councilman Backes, seconded by
Councilman Ralles, to approve the minutes of the
regular meeting held October 15, 1979, as
presented.
The motion passed 5-0-1 (Councilman Elstrom abstained).
It was moved by Councilman
approve the minutes of the
October 3I, 1979, amending
moved by Councilman Ralles
The motion passed 5-0-1
5• Approval
of Agenda
The motion passed 6-p,
Backes,
special
Items 6
. . � ��
(Councilman
seconded by Councilman Ra�.les, to
City Council meeting held
b 7, Page 347, to read: "It was
Elstrom abstained).
It was moved by Counciim�� Ralles, �econded bv
Councilman Hanks, to approve tl�e consent agenda
for November 5, 1979, as presented.
It was moved by Councilman Backes,
approve the a�Nn�a �or Novemher 5,
Item l�g, Amhurst; Item llm, West
28 30 Ra Ie igh Avenue .
The motion passed 6-p,
-.,.,.__..._.._ __�,..,.,_�......>-.._d,-.,,---^.-..-..
,..,:-.-,<,�..- ��..L. . . - . _ - -
�econded hy ('o�nciarrk�n ��a�k�, tc�
1979, wit1, the Fo] 1�Wi�� �eldit t�ns:
22 Street/Ewing Avenue; Iter� lln�
-348-
1
Cy��C't
F,.; , =_�
Caroline's
It uas mc3ved
concinue the
is compl�te.
�ity Cour�cil mirtutes, November
PUBLIC HEARINGS
S, 1979
_ _, „�---r� _+�.
-�.
Application for on_Sa�e
liquor license: ' S�nday-Sale intor,icating
in Notice of Hearineet Caroline`s, as described
1979. � g published
October 10 & 17�
by Councilman Hanks,
hearing to November
The �not ion passed
�,b, American Legion
Zoning Change
6-0.
seconded by Councilman Elstrom, to
19, 1979, if the police investigat��n
Application of Building Coordinators, Inc., and
American Legion to change zoning at 4015-21 Yosemite
Avenue from R-2, Single-Family, to R-B, Residential-
Business, as described in Notice of Hearing pub-
lished October 24, 1979.
Arthur Caine, 4033 Xenwood Avenue, presented a petition signed by 182
persons opposing the zoning change. �Ie noted the Council had denied the
request twice in the past. He b elieved the zoning change would be the
�eginning of residential area deterioration and would be damaging to
residential property values.
Vernette Maurer, 4037 Xenwood Avenue, and Mrs. Fred Zabel, 4020 Xenwood
Avenue, spokE opposing the zoning change. Mrs. Zabel said the
Legion C1ub did not have adequate parking area at the time it was built.
Larry Severson, 7574 West 147 Street (representing Americal Legion and
speaking on behalf of Build ing Coordinators, Knights of Columbus and
B'Nai Brith), clarified that the request is for a zoning change from R-2
to R-B. He distributed the section of the City's Zaning Ordinance listing
pertnitted uses in the R-B District. He referred to the options contained
in the staff report dated October 11, 1979, recommending that the appli-
cant consider R-B or PUD zoning and explained the applicant would agree to
either option, and should the Council approve the R-B change at this time,
a special permit application would be submitted to permit the proposed
parking lot. He referred to the Planning Departrnent study of the area
which listed existin roblems and exhibited the plan proposed by the
DepartmenC in FebruagyP 1979. For comparison, he exhibited a new plan of
the applicant which provided 59 day-time parkxng spaces and 69 at night.
He noted the ro e rt is b ounded by commercial uses and stressed the
three fraternal organizations rely on th� bar/restaurant/bingo as a total
means of su rovide adequate parking for their
pport and therefore must p �raveley and other
Patrons; the lot would be used during day hours by � blacl:top,
rees to scr.een, fence,
area businesses. He said the applicant ag-
provide liability coverage and any other conditions the Council may
consider appropriate.
_�GA-
City Co�incil minutes, N�vember �, 17��
�, Davis, 6100 Excelsior Boulevard, represenCing Building
�3erbert inal plan was to locate the single-family
Coordinators, explained the orig reement between the Legion
structiixe on Lot 32; however, ln lieu of_ an ag
and
his client, the house was constructed onde�tthe•provisions ofathe
special permit application has been f ile un
ermit parking on Lot 32, and he urged the CounCil to
R-B District to p ro osal would eliminate
approve the zoning change to R-B. He said the p p
the need to park on the residential streets which is objectional to the
neighborhood. He did not believe locating parking at the Standard Oil
station would be the best alternative and suggested the request before
the Council would appreciate the residents' property values.
Mrs. Arthur Caine, 4033 Xenwood Avenue, stated the Legion property has been
an eyesore and a blight on tlle ne�ghborhood for many years.
rSichael Litman, representing B'Nai Brith,
unimproved and in need of maintenance, but
plan would improve its appearance.
agreed the property was
suggested the applicant's
Ed McDevitt, speaking in favor of the zoning change, noted that in the
past, parking was not a major consideration in St. Louis Park. He said
the patrons of the Club are decent and quiet, and the purpose of the
three organizations is the good of the community. He believed the
property would be better maintained in the future.
Dick Ke11y, Adjutant for American Legion, apologized to any residents
who suffered and said the property's beautification could be in accordance
with City plans. He also suggested the resurfacing of Lots 32 and 33 for
parking would require that the snow be carried away; the�efore, there
would be less runoff in the spring and fewer complaints about the
drainage. He explained three groups of boy scouts are sponsored by the
Club which could be involved in cleanup, landscaping, etc.
Gary Lundeen, resident of St. Louis Park and Legionna�r�, explsined [hat
for the past 1.5 years, the Club has conducted bingo games whi�h have
helped generate much needed revenue; adequate parking would be desirable
to attract and retain patrons. He suggested that should the Club close.
some other business would locate in the building and would also require
additional parking spaces. He stated if the proposed parking 1ot is
not approved, the Legion Club would no[ be able to afford any si[e
improvements.
Mr. Caine said the neighborhood had no objection to the buildinR's use
by the members as in the past; but three organiza[ions conductinq
bingo many nights of the week account for parking problems and Iitcer.
He also noted many people have difficulty traversing the sidewalk at
Excelsior Boulevard/Xenvood Avenue due to lack of sn�w re�oval.
Nr. Severson reiterated comments relatin to the Glub's ast financia!
difficulties, explaining funds were not availabl� for maintenance• N�
stressed tha[ [he applicant's plan and �oninR chanqe Tequest d� �a�
inciude any Iand to [he cast of the Cl��h� nor ci� they tnclude ;he� �I:�Gin.
of Xenw�od Avenue. tie �lso �iid n��t f in� it ;���proP�in[c [hat Che 1 E,::[^''
be credited with ail of the l�ttet in the area, in that it ��oE•q �`'C
sell beer in cana, etc,
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7a.
7h.
7c.
City Council minutes, November S, 19�9
John Mi.Llex explained that in approxilnatel
he purchased the thzee lots on Excelsior Boulevard�andehalf of the Legion,
Yosemite Avenue f rom the City with the intent that the lot to�the south
would be used for parking, ile said the Legion now finds it has problems
and he asked the Council to give sincere consideration to the request. �
There being no one f urther wishing to speak, the Mayor declared the
hearing closed.
Councilman Martin noted the structure which was built on Lot 33 is
surrounded by commercial properties. He suggested if the zoning change
is not approved, Che drainage problem will continue to exist and this
will continue to create animosity. He favored a zoning change to R-B�
or PUD but oppos.ed B-2.
It was moved by Councilman Martin to approve the zoning change to R-B.
The motion failed for lack of a second.
It was moved by Councilman Hanks, seconded by Councilman Elstrom, to
reject the requested zoning change.
Councilman Backes referred to the applicant's Memorandum of
Agreement, Page 3, Section 6, stating the agreement is capable of being
cancelled. He was concerned that in the event of its cancellation, a
different, or more intense, R-B use could be located at the site over
which the Council would have difficulty with approval or denial.
In response to Councilman Elstrom, the Planning Director explained a
parking lot is a sp ecial permit use in the R-B District.
Following further discussion, the motion passed 7-0.
.
. •.
: :.
PETITIONS
TS AND COMMUNICATIONS
There being no ob�ection, the Notice of Intent
of the American Legion COub1980�oFdidayband �
January 1 through June 3, consent.
Saturday mornings, was ordered filed by
There being no objection, the Notice of Intent
of the Holy Family Men's Club to•conduct bingo
Novemb er 15, 1979, at 5900 West Lake Street, was
ordered f iled by consent.
no ob�eC�ion� the Notice of Intinthrough
There being �onduct bingo, January
of VFW Post 5632 �O and Saturday evenings, at
Ju1y 1, 1980, Friday consent.
5605 We
st 36 Street, was ordered filed by
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City Council minutes,
7 d . YO t'-
Appreciation
9a. C�mmunit Relations
Commission
gb, Plannin
Commission
gc, Nousin
Authority
9d. Recreation
Cc�mmission
9e. Knollwood
Plaza
November 5, 1979
� proclamation designa�ing
Youtl� Appreciation Week in
approved by consent.
RESOLUTIONS AND ORDINANCES
November
St. Louis
11-17, 1979,
Park was
The minutes of the Commun1979ReWe=e�order difiled
meeting held October 11, �
by consent.
The minutes of the plaubcommitteeSmeetings held
Streets and Highways S
Octotier 17, 1979, were ordered filed by consent.
The minutes
meeting held
consent.
of the Housing & Redevelopment Authority
October 9, 1979, were ordered filed by
The minutes of the Park and Recreation Advisory
Commission meeting held October 10, 1979, were
ordered filed by consent.
Special permit request of General Growth
Corporation to amend existing special permit for
Knollwood Plaza (deferred f rom October 2, 1979).
It was moved by Councilman Meland, seconded by Councilman Ralles, to defer
action until November 19, 1979, allowing the Knollwood Review Committee to
review the request. ,
The motion passed 6-1 (Councilman Martin opposed).
9f. Amalgamated;
Resolution No. 6411
Special permit request of Restaurants No Limit,
Inc., to expand Am�lgamated Eating and Drinking
Underground at 9920 Wayzata Boulevard.
It was moved by Councilman Ralles, seconded by Councilman Meland, to waiv�e
reading and adopt Resolution No. 6411, entitled "A resolution a�nending
Resolution No. 5201 granting permit under Section 14-156 of the Ordinance
Code relating to zoning to permit expansion of a Class I restaurant for
property located in the B-2, General Business District, at 9920 Way2ata
Boulevard," deleting Condition No. 3 of the resolution, requiring that
the applicant comply with the Ordinance Code with resp ect to the illegal
billboards on the property.
Councilman Hanks asked if the Council was accepting the fact that the sign`
may remain as they exist.
Councilman Backes explained the proposed
the Cvuncil's concerns, and ae the time
would be dealt with. He suggested the
and be required to permit other illegal
The motion
Y
�
passed 7-p,
-352-
sign ordinance addres�es
it is adopted, the subject
Council could be setting a
signs to remain in place•
S�� of
cig��
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City Council minutes,
9g. Tr�ffic Study 211;
Resolution No. 6412
authorizing removal of
West 26 Street."
The motion passed 7-0.
gh, 4348 Brookside Ave. ;
Resolution No. 6413
Traffic
November
Study No.
S, 1979
211; West 26 Street/H�ghway
It was moved by Councilman Meland
Councilman Martin, to waive readi� seconded by
Resolution No. 6412 • ,� - g and adopt
the traff ic control signs�ategi hWa��ution
g y 100 and
100.
Special permit request of Alden Syverson to
construct three-car garage in Flood Plain District
at 4348 Brookside Avenue.
.
It was move by Counc ilman Ralles, seconded by Councilman Martin, to
waive reading and adop t Resolution No. 6413, entitled "A resolution
granting permit under Section 14-123.100 of the Ordinance Code relating
to zoning to permit construction of a three-car garage in the Single-Family
and Flood Plain District at 4348 Brookside Avenue."
In response to Councilman Elstrom, Mr. Syverson stated the garage would not
be used for storage, explaining he possessed three vehicles.
The motion passed 7-0.
9i. 3106 Inglewood Ave. ;
Resolution No. 6414
9� .
Request of Builtwell Construction Company for
amendment to existing special permit extending
completion date to December 1, 1980, for town-
house construction,at 3106-3120 Inglewood Avenue.
It was moved by Councilman Martin, seconded by Councilman Ra11es, to waive
reading and adopt Resolution No. 6414, entitled "A resolution amending
Resolution No. 6275 granting permit under Sectic�n 14-141(9) of the
Ordinance Code relating to zoning to permit eight townhouse units for
property located in the R-4, Multiple-I�'amily District, at 3106-3120
Inglewood Avenue."
The motion passed 7-0.
Ethics
Amendment to Ordinance Code
.,
relating to ethics.
The Cout�cil was presented a memorandum from the
City Attorney dated October 26, 1979, analyzing the 1Council on �he
Charter Commission's ethics document reviewed by the �
Se tembe e memorandum summarized the reasons ffrtheaCouncil
P r 17, 1979. Th uired o
the document• it also summarized policy decisions req ro osed
dditions. The p P
prior to finalization ot the ordinance amendments/a
code of etl�ics in ordinance form was attached.
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� r
,
ci�y
CouncLl minutes, November 5, 1979
ncil.man Mel,and nored Gl1e Ocrober 16, 1979,
Charter Commission minutes
Cau
incltcare� the
Cc�mmission desi.res the ethice docu�ena �epresentativebof
r.ef.erendum; however, he helieve� Cannernof.hadopCion would be for Che
l•,he Commisaiot� had indicated the m
rnt�ncil to decide.
I� Wa9 moved
the issue to
by Councilman Meland, seconded by Councilman Hanks, to rerer
the CharCer Commission.
Cauncilma� Clstrom reCerred to Page 8 of
would read
Section �►-702 (5) , nnd said i�w#�h Wi��
"A l�.st o� all real property
The motion pasaed 7-0.
9k. 911 P1a�.1;
Res 1 �ion No. 64]_5
Resolurion Na. 6415,
911 plan for Hennepin
the proposed ordi�ance,
correctl.y amended as follows:
the City . • •'�
Final 911 plan for Nennepin County.
IC was moved by Councilman Meland, seconded by
Councilman Martin, to waive reading and adopt
entitled "Resolution recommending approval of final
County."
The motion passed 7-0.
9L. Sunset Ridge
Concept P1an
Concept f.or Sunset Ridge;
Vernon Avenue .
Cedar Lake Road/
It was moved by Councilman Hanks, seconded by
Councilman Ralles, to approve the concept and that the plan be revised/
augmented as recommended in the�Planning�D�partment report dated
October 11, 1979: The applicant sha11 conduct a complete survey, prepare
a final site plan and sketah plat.
The motion passed 7-0.
9m. Board of
Zoning Appeals
10a. Appointments
The minutes
� held October
consent. .
of the Board of Zoning Appeals meeting
�5, 1979, were orde�ed�filed by
UNFINISHED BUSINESS
Appointments to advisory boards and commissions.
It was moved by Councilman Meland, seconded by
Councilman Backes to defer.
Councilman Martin suggested that interviews be scheduled for the vacancy
on the Police Civil Service Commission; he also wished to intierview the
commissioner deairing reappointment.. .
The motion passed 5-2 (Councilman Martin and Mayor Howard opposed).
i354-
,.
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City Council minutes, November 5, 19�9
Councilman Bac kes said it would be appropriate to schedule interviews for
the vacancy; however, he noted the Council has never reinterviewed current
commi.ssioners desiring reappointment upon term expiration.
Councilman Tiartin said he did not serve on the Council at the time of the
original appointment; therefore, he did not have the opportunity to interview
the commissioner.
Councilman Elstrom stated that in the past, the Council had discussed
limiting terms of individuals serving on boards and commissions.
Kayor Howard said it would be appropriate to defer interviews for the
Police Civil Service Commission until the election of the new Mayor.
10b. Foldin
Stop Signs
Folding
October
stop signs
2, 1979).
(deferred from September.l7 &
Alabama/Zarthan at Lake Street: Robert Wooden,
2624 Burd Place, representing the neighborhood at Zarthan/Lake Street and
Holy Family School, said a semaphore with sensors at Zarthan would be
preferred; however, due to its high cost, �our-way s�op signs would probably
be adequate. He distributed a petition indicating the majority of the
property owners desire four-way stop signs. He agreed the folding stop
signs and flashing red light should be removed. tIe asked that the change
be instituted during s�hool vacation allowing time for drivers to become
acclimated.
Councilman Martin wondered if a State law existed which would prevent the
location of a semaphore wiCh a demand plate at the intersection which would
allow the heavier Lake Street traffic the green light, except when vehicles
on Zarthan Avenue would cause a rotation of.the signal. He suggested the
semaphore could also be pedestrian actuated.
Robert Arnold, 4065 Toledo Avenue, explained a State 1aw exists which
permits a City to reduce speed limits to 20 mph near schools., and he
suggested the Council consider it as an alternative.
Councilman Elstrom stated she had been contacted by a number of residents
opposing the existing stop light at Zarthan/I�ake Street. She did notested
believe the low traffic volume warranted fvur-way stop signs and sugg
motorists would soon ignore them which would cause danger for the
pedestrian. She inquired about sources of funding which would reduce the
City's share of semaphore installation.
The City Manager
into the future.
$45,000.
explained
He said
State aid funds are al.located several years
the cost of a semaphore would be approximately
e State aid appropriations StereaSonable
Councilman Backes believed becaus ,,ared to be the mo
for several ears, four-way stop signs aPP- 'ority of the affected
approach andyalso appeared to be favored by rhe ma�
• duction in Che speed limit could create a
residents. He suggested a re
greater roblem than currenCly exists.
P
. Elst��m, to
Councilman
It was moved by Cou�cilman T3ackes, seco�dLakeyStreet, placemen� tO be
autharize four-way stop signs at Zartha /
- 3 5 5 - - ---.�,��><ur�°'��cs
�
��Cy Council minuCes�
coardinar�d with the
S�nooi
��r t,elieve it �ppropr��Ge to P�.aCe stop signs in an
Ca�ncilman Mar��n d.id ced. Ne su��ested the waR�s o� �d.ult crossing guards
attemPt to re�ul.at� �P , a lon6�,`erm solut.ion than a semaphpr.e; however, he
ld henefit the entiire cammunity. t�� said s�op
would be less costly as
helieved a semaphore cou
sig�s would be a d3sservice.
seconded
r� W�5 moved by Councilman ���nks' hore ancl
the item until Che cost o� a semap
dete�cnined .
�ovember
5, 1979
vacation schedule•
The motion
Co defer �asg�d
�y Counc�.lman Elstrom,
SGate aid possibilities
6-1 (Mayor Howard
oppose�).
to def er
�a
I�ennis 0'Connor,
4029 Utica Avenue,
Wooddal� �venue/W�st �0 SCreet� d M st Hol.y Trinity parishioners desire
ex�lained
full-time
ttie majority of atfecte o
stop sign and adult crossing guards.
It was moved t�y Gouncilman
a staff repvrt on: 1) The
crossing guard c��rren�ly on
in the day; 2) the cost of
alternative is recommended.
The motion passed 7-0�.
It was moved by Councilmari
both locations.
�
tlanks, seconded by Councilsasharingnthe�adulte3t
teasi.bi1.iry of the School
d��y at Susan Lindgren Sc3��Whetherttiheh20rmph
a �lashing amber light; )
Elstrom to remove the folding stop signs at
The motion failed for lack of a second.
lOc. 2319 Flag Avenue;
Resolution No. 6416
Application of Sheridan Spande for variance
yard �setback a.t 2319 Flag Avenue (deferred
October 15, 1979).
in side
from
It was move�d by Councilman Martin, seconded by Councilman Meland, to waive
reading and adopt Resolution No. 6416, entitled "A resolution granting
variance in side yard requirements from Section 14-128 of the Ordinance
Code relating to zoning to permit a side yard of six �eet instead of 15
feer in the R-1 District at 2319 Flag Avenue."
The morion passed 5-2 (Councilman Hanks and Mayor Howard opposed).
lOd. Nature Center Bldg.;
Resolution No. 6417
Westwood Hi�ls Environmental Education Center
building (deferred from October 2& 15, 1979)•
It was moved by Councilman Meland, seconded by
Councilman Backes, to authorize preparation of plans, specifications and
advertisement for bids for architect's alternative plan.
The motion passed 5-2 (Councilmen Ha�ks and Elstrom opposed).
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: �r''"'_
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City Council minutes, November S, 1979
moved by Counc ilmait Meland, seconded b
�C was � y Councilman Backes, to waive
readin� and ado t Resolution No. 6417, entitled Resolution re ro rammin
third-Yeat Community Development funds." P g ' g
T�e motion p�ssed
lOe. Nae ele
Billboard
b-1 (Councilman Hanks opposed),
Naegele b illboard at Highway 12/Vernon Avenue.
It was moved by Councilman Backes, seconded by
Councilman Elstrom, to deny the request for a
lease.
The Council discussed the November 1, 1979, letter from MEPC requesting
removal of the b illboards, the City's 1ega1 opinion and the cancellation
of the Naegele lease by tY�e former property owner, Kraus-Anderson.
Councilman Martin agreed the billboards unsightly and should be replaced by
a nice aesthetic sign. �
Dave Johnson, Coldwell-Banker, explained the DDD Committee believes prior
agreements within the con tex t of the DDD property owners committee should be
kept, and it was the understanding of the Committee that the billboards
would be removed .
Councilman Hanks s
interchange from t
beautification. H
developers for the
property purchased
id the City purchased the land for the highway
e developers in the DDD, and the plan included certain
continued it would not be correct to assess the
street improvements and then.lease a portion of the
from them f or the location of a billboard.
Kraig Lofquist, Naegele Company, explained the billboards would be
redesigned and reconstructed and would be a positive addition to the area.
He said the property is an ideal �ocation for businesses within the area
to advertise, and everybody gains. He also said the City does not have
the right to cancel the lease. Ne requested tearsaandeifadeterminede
granted to permit the signs £o r two or three y
detrimental to the property owners,, Naegele would relocate the signs at its
cost.
Gouncilman Backes explained the Council has le�al. responsibility
commercial property owner concerns as with residential- concerns.
the billboards are a violation of the DllD Guide PJ.an.
to consider
He stated
Counc' ferred to the DDD Committee Octoher 3�0, 1979, minutes
�lman Elstrom re owners were present, none
indicatin nine ersons, representing ten propertY exmitted
of whom su orted billboards. She believed if signs are ever p
within thePDistrict, they should advertise the area businesses.
• a posed)•
The motion to deny passed 4-3 (Councilmen Meland,
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Ralles and Martln P
,
;
^
City Council mit�utes, November 5, 1979
, pisposition of Hlocks 1& 619U9k•Park Village
�pE, Uak P�ark de�erred from October 15, )
Vi11ag� A�reem� nt �
nse �t� Ma or Howard, ttle City AtiCorney stated l�e concurred with
In respo Y 1979.
the staff report dated November 2,
�t was moved by Councilman Meland,
approve the purchase agreement.
seconded by Councilman Ralles, to
Councilman Nanks believed the Council could be placed in a precarious
position by Uecoming a parCy to the agreement.
It was moved by Council.man ��anks, secondednbexecutivemsessionrom, to
defer action pending review of the issue i
The motion
opposed).
passed 4-3 (Councilmen Backes, Martin and Mayor Howard
The motion to approve was withdrawn.
Naving met in executive session, i.t was moved by Councilman Meland,
secondeci by C�uncilman �lanks, to authorize modifications to Section 1G,
Environmen�al Matters, substituting the Housing Authority as the party
�roviding indemnification rather Chan the City; a nd to delete Paragraph 14b
which is contained within the PCA stipulation and referred to in Paragraph
14a.
The motion passed 7-0.
Jerry Remmen, proposed developer of Block 1, expressed concern that his
attorney informed him that the section could be interpreted to require
the purchaser to initiate legal action to satisfy rhe requirement contained
in Section 14d. �
It was moved by Councilman Meland,
Section I4d would be rewritten to
responsibility would extend up to
judgment.
seconded b
indicate th
institution
Councilman Ralles, that
t the purchaser's
of litigation for final
The City Attorney explained the 1977 agreement involving the PCA resulted
from an indication by the PCA that if the City were going to develop the
property and a need for excavation was determined, the purchasers should
not have this burden. He concurred it would be appropriate to amend
Paragraph 14d as per the motion. •
The motion passed 6-1 (Courtilman Hanks opposed).
lOg. Amhurst; Amendment to resolution granting special permi[ to
Resolution No. 6415 Amhurst.
. Leonard J. Tiiiel, 2910 Flag Avenue, representin�
Centurion Company, was present to respond to questions.
The Council was presented an agreement between NURll and Centurion Company.
dated November l, 1979.
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��Cy Gouc�cil minutes, November 5, 1979
�� �,�� moved by Co�ncilman iianks, seconded b
�nd adopt Resolution No. 64ig Y Councilman Martin, to waive
rcacilnK , entitled A resolution rescindin
ReSolutions 6363 and 6320, and granting amended special g
Pe�it under
Sectiun 14-195(3 of the Sg•pTo�ectpork Ordinance Code relating to zoni
e�jt a cluster housin
te p � n property �ocated in the R-3, Twong
FasilY district, generally located at �tate HighWay 7 a�d County Road 18."
T�e �notion {�assed 6-0-1 (Councilman Backes abstained) .
lla, 1979 Audit;
Resolution No. 6419
NEW BUSINESS
Proposals
1979).
for 1979 audit (requested August 27,
It was moved by
Councilman rteland, to waive reading and
"Resolution providing for the employment
to audit th� accounts and records of the
the fee shall not exceed $9,50�.
The motion passed 7-0.
llb. Land Dedication;
Resolution No. 6420
llc.
lld.
Councilman Hanks, seconded by
adopt Resoliition No. 6419, entitled
of the George M. Hansen Company
City for the 1979 fiscal year";
Resolution accepting property for street purposes:
Donation from Space Center, Inc., at West 16 Street/
Vernqn Avenue.
Resolution No. 6G20, entitied "Resolution accepting gift of land for street
purposes," was adopted by consent.
Bid Tabula t ion
Compa ny
S6,625.
Bid tabulation - civil deEense siren.
By consent, the Council designated Lehn Electric
lowest responsible bidder and authorized execution of contract at
$id Tabulation
Bid tabulation - I.enox Community Center windows.
It was moved by Councilman Meland, seconded by
Councilman Ra lles, to designate Bernco, Inc., lowest responsible bidder
and auChorize execution of cantract at $152,500.
It was moved by Councilman Elstrom, seconded by Councilman HaTtks, to
defer the item until November 19, 1979, p�rm�tt�-"g staff to determine
availability of energy grant fiinds.
The motion to defer pas�ed 7-0•
�i uor
LicenBe Renewal
�ecc�ncic�cl hy (;�����r.i lmt�n
!9$Q r�H r<;Lep,Qri�ecl on
icating liquar l�cense renewal (19$0)•
Annuat in�ox
�olice de�artment
l.i.G� �� E , G�unrilman NZnk�.
r��1.���w�-t,s �'t�vtew of: t1�i� ,o��G moveci h}
.1979 l iccnses f�r
r_�nt,�cta clurin�; , fc,ll�wt���; 1 ic��iar
Mc�.l.nn�l , l c� 1�(,�� c'�v�� t:lic , A l's G;i quc?r StorE� �
�p��:L�lr.nt�l.c»i,; for rencra,�.l.
:159-'
�_
llf.
City Council minutes, November 5, 1979
Amal amated Underground, Ambassador Motor HoCel, Bernie's Delicatessen,
g� B erly's, Classic Motor, Hippogriff,.Jerinings Red Coach,
Bunny s Liquors, y Lincoln Del
Jennings Liquors, King's Inn, Knollwood Liquors, Le�ning Post,
rfiracle Mile Liquors, Otten Realty, Park Tavern, Reiss,
�dest, Liquor King, S irits of St. Louis, TGI Fridays, Tonka
Inc., Anchor Inn, Steak & Ale, p _
Liquor, Vant Hull, Westwood Liquors, Frank Lundberg Legion Post,
rlinneapolis Golf Club, VFW Club and Cafe Sabra.
The motion passed 6-0-1
Leaf
Picku
(Councilman Ralles abstained).
Leaf pickup program
Councilman Ralles).
(requested by
Councilman Ra11es, explained many northside
residents had complained to him thaC the annual leaf pickup program begins
on the northside prior to heavy leaf fall. He said the area residents
suggest that the section of the City in which the program begins each
year be rotated.
It was moved by Councilman Martin, seconded by Councilman Ralles, to
discontinue the leaf pickup program.
Councilman Martin believed that in considerafiion of the money spent by
City each year on the program, leaves could be as easily bagged by the
resident, preventing storm sewer clogging, complaints, save manpower,
and pond deterioration.
QT�
fuel
Councilman Hanks moved to defer the issue until 1981 budget consideration.
He suggested that prior to discontinuing the program, public hearings
should be held and the matter well publicized.
Mayor Howard
burning.
e�lained the program was initiated as a result of the ban on
The City Manager suggested the Council could consider the issue in the
spring,enabling adequate time for notification, etc.
There were no votes on the motions.
llg. Hardrives
Change Order
Change Order - Hardrives, Inc.,
intersection of Cedar Lake Road
Avenue.
It was moved by Councilman Backes, seconded by
approve the change order with Hardrives, Inc.,
lane at Cedar Lake Road/Zarthan Avenue during
report on
with Zarthan
Councilman Ralles, to
to construct a right-turn
the 1979 construction season.
Council.man Elstrom reported that some residents on Zarthan Aven�ie have bee�
in distress because of the street constructior and are now bothered by
1 and 2 a.m. truck traffic entering Harrison House. She asked if night
truck deliveries could be routed Vernon Avenue to West 16 Street, and she
suggested the turn-off lanes could encoura�e aciditional truck traffic.
The mvtion
passed 7-p,
-3E��-
�
City Council minutes, November 5� 19�9
I� w.,�s moved by Councilman Elstrom, seconded b
• y Councilman
d�rect staff to revlew placement of signs prohibiting trucksafrom' to
the resiciential streets at late hours. traveling
�e mot ion
ilh� B1
De ositor
passed 7-0.
should be con�acted
Designation of bank depository.
The Council discussed the basis for the staff
recommendation, and that perhaps the City banks
relative to their desire to serve the City.
It was moved by Councilman Backes, seconded by Councilman Ralles, to
reject the sta£f recommendation.
The motion failed 3-4 (Councilmen Hanks, Backes and Ralles in favor).
It was moved by Councilman Martin,
continue the existing procedure for
further information for 1981.
The motion pass�d 7-0.
lli. Chan e
Order
seconded by Councilman Meland, to
1980 and request that staff provide
Change order - Doc Blanchard Enterprises, Inc.
. Responding to Council,man Hanks, the Director of
Public Works explained contracting for the
Peter Hobart School parking lot was a joint effort with the School
District; the sod was not included in the main contract. He continued thaC
the project benefits the City by increased parking for patrons of the
Dakota Park ballf ield and was included in the Capital Improvement Program.
It was moved by
Change Order No.
S2,026.40, for a
Councilman Martin, seconded by Councilman Meland,
1, Contract No. 1337, Projects 77-38B and 79--04,
total contract to date of $50,726•40.
The motion passed 7-0.
Mayor Howard requested an inf ormational re�ort on the matter.
llj, Community Development; Trans�er
Resolution No. 6421 funds.
of Community Development
to approve
at
Yt was maved by Councilman riel.and,�s���2ie�entitled
Councilman Martin to wa�ive reading and adopC Resol,utiQn N Develop-
��Resolution � in transf er o� previou5ly ���a��ted Community
authoriz g
ment f unds to loca 1, cont ingency �und ."
T�e motion passed 7-0.
-'3 G 1.-�
�.
City Council minutes, November �, y���
llk. Conunt�,lit
Nealth Plan
tion revising the 1980
The motion passed 7-4•
11L. RELATE
Councilman Meland,
November 19, 1979,
1980 Community Health Plan.
It was moved by Councilman Elstirom, seconded by
Councilman Meland, to approve the staff recommenda-
Plan to include an additional $3,051 subsidy.
Budget request - RELATE.
It was �
to place the
agenda.
Councilman Hanks did
in that the Council
1980 budget.
oved by Councilman Martin, seconded by
communication from RELATE on the
not believe it appropriate to schedule the communication,
did not include funding for the program in the City's
The motion was withdrawn.
Councilman Meland believed
City bud�et to RELATE.
llm. 22 Str.eet/
Ewing Avenue
it would be helpful for staff to explain the
Intersection: WesC 22 Street/Ewing Avenue
(requested by Councilman Elstrom).
It was moved by Councilman Elstrom, seconded by
Councilman Hanks, to request a traffic study, coordinated with the City
Minneapolis, to determine whether the installation of stop signs or a
pedestrian crossing would be warranted at the location.
The motion passed 7-0.
lln. Kosher
Retail Store
Retail food operation: 2830 Raleigh Avenue
(requested by Councilman Backes).
of
Councilman Backes referred to a possible zoning
violation at 2830 Raleigh Avenue and requested a staff report on the matter.
The City Manager explained a kosher retail store has operated at 2830
Raleigh Avenue for eleven years; immediately preceding the 1979 holidays, a
similar retail store discontinved operation. Therefore, traffic to the
store at 2830 Raleigh Avenue increased and numerous complaints were
received. He continued that the p�oprietor was informed the operation was
not allowed in the Single-Family zoning district and the business was
requested to cease and desist. He said meetings had been held with
supporters of the store and the provisions of the OYdinance Code were
explained. He suggested an al[ernative wouid be to provide sufficient t��
for the business to relocate.
-362T
l�a.
City Cvuncil minutes, Noyember 5, 1979
9 • .
�`o�'�ci�o�R�s��atcom�nercialibusiness andreligYous officials had indicated t
operat not necessaril he
service.
He had been ictforEned the business is realizinr��iding a religious
� quite a profit and
gerve5 not only tt�e immediate neighborhood but the metropolitan area.
The City Manager stated a meeting would be
Parties. He added the Council could amend
u�e � or agree [o a specif ic date by w}�ich
relocate.
Dama e
Claims
scheduled with the interested
the Ordinance Code to permit the
the operation must cease or
MISCELLANEOUS
By consent, the Council ordered the following
claims filed with the City Clerk for proper action
by the City Manager and City Attorney:
1) Andrew Benson
2) Ben Thompson, 8317 33rd Place North.
11b. Communications
from Mayor
L2c. Communications
from Cit_y Manager
None.
None.
CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
13a. Verified On motion of Councilman Hanks, seconded by
Claims Councilman Meland, the list of verified claims
prepared by the Director of Finance and directed to
the City Council, dated November 5, 1979, in the
total amounts of $265,545.14 for vendors and
$6,758.76 for payroll, were approved, and the City Tlanager, City Clerk and
City Treasurer were authorized to issue checks in the same amounts by a vote
of 6-0-1 (Mayor Howard abstained).
13b. Contract Pay�nents;
Resolutions 6422
& 6423
demolition and
final contract
�r�� m�t ion
It was moved by Councilman Hanks, seconded by
Cc�uncilman Ma rtin, to waive aeaResolutiondaccep�ing
Resolution No. 6422, entitle
, " and Resolution
work on remodeling of Cit} Hall, t�n� work on
No. 6423, entitled "Resolution acc-ep
remova
1 of structure, Project 79-52���� on the followin�
payments:
�� No, 1159, ��-tY Ha11 remodelling,
Cin� 1 payment, Con�ra . $30�13�+.86•
Universal Surety. Amoun�•
2A demolit�.�n df Structure,
a ment, Projecr 79'S ' . ��, 001.1G•
2. Final P y�,umber Company. A��ount •,'
Minnesota
passed 7-Q.
�..jlM.�� • �,�.
�
a
.
14.
City Council minutes, November 5, 1979
It was maved by
Councilman Nanks, seconded by Councilman Ralles, to
approve and authorize the following partial payments:
3, Partial payment, Pr�jects 78-05, 79-10, 79-55,
curb and gutter, Arcon Construction Company.
Amount: $74,991.45.
paving,
4. Pa�rtial payment, Projects 77-38B, 79-04, 79-07, 75-39,
sodding and topsoil, Doc Blanchard. Amount: $1,823.76.
5. Partial payment, Projects 79-13, 78-44, 78-46, paving,
curb and gutter, Hardrives, Inc. Amount: $208,056.32.
6. Partial pay�ent, Projects 79-01, 79-03, 79-08, 79-43,
street paving, sidewalk and Misc., Hardrives, Inc.
Amount: $181.152.95.
7. Partial payment, Project 78-20, City Hall garage.
Amount: $5,347,80. Carlson Company.
8. Partial payment, Projects 74-39, 77-38B, 79-04, 79-07,
paving, curb, gutter, alley and parking lots, Arcon
Construction Company. Amount: $109,150.05.
9.
10.
Partial payment, Projects 78-01, 78-03, 78-33, 78-31,
77-61, paving, curb and gutter, C. S. McCrossan.
Amount: $25,334.45.
Partial payment, Project 78-20, City Hall garage,
Cook Construction Company. .Amount: $7,401.60.
11. Partial payment, Project 78-52, Lenox remodelling,
ABJ Enterprises, Inc. Amount: $9,768.00.
12. Partial payment, Project 78-20, City Hall Garage,
Sun Mechanical. Amount: $7,791.30.
The motion passed 7-0.
Adjournment
Att�st
Beverly Fl_�nagan �
Recording Secreta
By motion of Councilman Elstrom, seconded by
Councilman Martin, the meeting was adjourned at
11:30 p.m. by a vote of 7-0. �
Mayor
-- --364-
_.�