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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, - 3 S�- � 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 -351- 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�� _.a�nc �re; F,.� , � F � 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. -353- � 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- ,. � 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). -356- : �r''"'_ /� 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, -357- 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. -358- � z � ��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- _.�