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Home My WebLink About1980/11/17 - ADMIN - Minutes - City Council - Regularh1ItIUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 17, 19a0 l. Call to Orcler A reQular meeting of the City Council was called to order by �layor Phyllis �1cQuaid at 7:35 p.m. 2. Presentations None. 3. Roll Call The followinq Councilmembers were present at roll call: Ronaid Backes Jerrold Martin Martha Elstrom Keith �ieland Lyle Hanks John Ralles Phyllis McQuaid Also present were the City Ftanager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of Minutes It was r�oved by Councilman �teland, seconded by Councilman Ralles, to approve the r�inutes of the special City Council meeting held November 3, 1980 The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Ralles, to ap- prove the minutes of the revular Council meeting held November 3, 19b0 as amended to read: page 395, item 9f, the motion passed 6-0-1 (Council- r�an Backes abstaineJ); and Qage 400, item 9n, the motion to amend passed 5-2 (Mayor McQuaid and Councilman Elstrom opposed). The motion oassed 7-�. It was moved by Councilman Heland, seconded by Councilman Ralles, to approve the minutes of the special City Council meeting held November 6, 1980. The motion passed 5-0-2 (Councilmen Ralles and Elstrom abstained). Sa, Approval of Consent Aaenda The r�otion passed 1-0. It was moved by Councilman Ralles, sec- onded by Councilman Elstrom, to approve the consent agenda for November 17 as presented. -411- Citv Cauncil meetin� minutes November 17, 1980 5b. Apnroval of �genda It was moved by Councilman Backes, seconded by Councilman Elstrom, to ap- prove the a�enda for November 17 as presented with the followin� additions: item 7c, Westwood Nills Road, as re�uested by Councilman Ralles; item lOh, Test case, traffic vio- lations, as requeste� by Councilman Meland; and item llk, Amendment to special permit far Town's Edqe Ford, as requested by Councilman Hanks. The motion passed 7-0. PUBLIC HEARINGS 6. None. PETITIONS, REQUESTS, COMPIUNICATIONS 7a. Bin o 7b. Bin o 7c. Westwood Nills Road A Notice of Intent to Con�uct Bingo fro� Ira Wiel Jeffery B'nai Brith Lodge No. 148a was ordered received for filing by consent. A Notice of Intent to Conduct Bingo from the St. Louis Park Seniors Program was ordered filed by consent. Westwood Hills Road. Alan Rosenauer, 1435 Westwood Hills Road, addressed the Council. He requested that Resolution 6686, declaring Westwood Hills Road a public road, adopted by Council on October 20, 1930, be rescinded. He said that he was also speakinq on behalf of John Nagel, 1330 Westwood Hills Road. He stated that Westwood Hills Road has not been kept in qoo� re�air. He asked why, if it had been kept in repair,is it in such bad shape at this time. He asked Council for its comments. Councilman Ralles sai� that his statement was totally wrong and that �lestv►ood Hills Road has been kept in good repair. He asked Mr. Rosenauer who had been plowing the road. Mr. Rosenauer said that the City had been plowiny, but that plowing and repairinq were two separate items in the statute governing the difference between a public and private road. Ne said that the statu�e states ; "continuous" repair for more than six years. ; � Councilman Martin said that not every street is repaired every year and that Westwood Hills Road has been kept in repair. Mr. Rosenauer replied that it is a�irt road full of ootholes. Councilman Hanks said that the important item was that the City has been -412- City Council meeting minutes � November 11, 1980 repairing the road and that he would like to move that Council re- affirm Resolution 6686. Councilman �lartin seconded the motion. The motion passed 7-p, t1r. Rosenauer asked why Council had rushed to declare Westwood Hills Road a public road, Councilman Hanks invited Mr. Rosenauer to visit City Hali and discuss that matter with staff. RESOLUTIONS AND ORDINANCES 8a. Release of securities; Resolution authorizing release of Resolution No. 6706 securities and approval of substituted securities of Citizens State Sank of St. Louis Park, MN. It was moved by Councilman Heland, seconded by Councilman Martin, to waive readinq and adopt Resolution No. 6706 entitled, "Resolution authorizinct release of securities and aoproval of substituted securities of Citizens State Bank�of St. Louis Park, Minnesota." The motion passed 7-0. ab. Ordinance in re vacation; Second reading of an ordinance re rdinance No. 1�86 vacation of portion of street, Oak Park Villaqe. It was r�oved by Councilman Backes, seconded by Councilman Elstrom, to waive readin� and adopt Ordinance No. 1486 entitled, "An ordinance vacating portion of street." The motion passed 7-0. 8�. Ordinance in re Fred G. Anderson Co. rezonin ; Ordinance PJo. 1487 Second reading of an ordinance in re Fred G. Anderson Co. request for zoning change. It was moved by Councilman Hanks, seconded by Co�ncilman Meland, to waive reading and adopt Ordinance No. 1487 entitled, "An ordinance ar�ending the St. Louis Park Ordinance Code, changinq boundaries of zoning districts." The motion passed 7-�J. �d. Ordinance in re permit and license fees; r � nance � o . 148� Second reading of an ordinance in re permit and license fees. It was moved by Councilman Ralles, seconded by Councilman Qackes� to City Council meetin4 minutes November 17, 19g0 waive reading and adopt Ordinance No. 1488 entitled, "An ordinance amendinq the St. Louis Park Ordinance Code relating to the fees for permits and licenses." 7he motion passed 7-0. Councilman Hanks said that many people are now purchasing wood to burn, and it has come to his attention that so�e of the suburbs are licen5ing people who sell wood. He asked if staff would look into this matter to determine if people selling wood whould be licensed by the City. Councilman Elstro� asked if the Code had a separate category covering wood peddlers. Councilman Martin said that there is a general peddlers' license which would cover anyone sellinq wood. The City t�anager said that that was correct but that it might be desir- able to have individuals selling wood covered by a specific section in the Ordinance. Ee. Ordinance defining term minor First reading of an ordinance defining the term minor in relation to employ- ment in liquor establishments and drinkinq aqe. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and set second reading for December l, 1980. Councilman Backes asked if holders of existing liquor licenses could be notified about the second readinq of this ordinance on December 1, 1980. Councilman Meland said that some time ago Council discussed the issue of liquor vendors who choose not to sell to people of legal drinking age. He asked if this item should be a separate ordinance. The City Attorney sai� that he could review this natter and possibly incorporate it into an ordinance amendment. Council�an f�tartin said that this could be a difficult job for staff to develop the necessary lanquaae coverin� this�issue. He said Council should have a chance to review it before the second reading. He said that perhaps the first reading should be deferred until December 1 with the ordinance amendment incorporating the issue raised earlier. Councilman Ralles said that this was agreeable to him. The motion to defer first reading of the ordinance until December 1, 1980 �assed 1-0. -41�- City Council meeting minutes November 17, 1980 REPORTS OF OFFICERS, BOARDS & CODIMITTEES 9a. !linutes of Parks & Recreation Advisory Commission 9b. t4inutes of the Planninq Corr�nission �c. T.H. 100 noise walls The min�tes of the Parks � Recreation Advisory Commission meeting held Novem- ber 12, 1930 were ordered filed by consent. The minutes of the Planninc� Commission meeting held November 5, 19a0 were ordere�i filed by consent. Noise walls, T.H. 100 and West 36th Street project. Councilman Martin asked if the City �ust have these noise walls. The City f4anager said no, but that they would have to be waived by the affected property owners and Council petitioned to that effect. It r�as moved by Councilman Hanks, seconded by Councilman Martin, to accept the report and direct staff to hold a neighborhood meeting. The motion passed 7-0. 9d. Traffic Studv PJo. 253; Resolution No. 6701 Traffic Study No. 253: Elmwood, South Oak Hill and Oak Hill neighborhoods. Councilman 8ackes noted that on the map there was no sign designated at the intersection of Wooddale and Cambridge. The Public Works Director said that there was an error on the map and that a sign was designated to be placed at that corner. Councilman Elstrom asked if truck re-routing signs would be posted. The Director of Public Works said that all business in the area will be notified of the postin� of "No Trucks" signs and these businesses will notify the truckers who service them, He said that the City does not post truck routin4 signs. Councilman Pieland said that it may be necessary to review the need for truck route signs at a future date. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive readina and adopt Resolution No. 6707 entitled, "Resolution authorizing placement of traffic control signs restricting truck traffic." The motion passed 7-0. -415- :—�- City Council meetinq minutes November 17 , 1980 9e. Cormunity Development Block Grant Proqram 9f. The Community Development Block Grant program reQort was ordered received for filing. Mayor McQuaid introduced Jane Tschida, a member of the Housing and Redevelopment Authority. Ms. Tschida said that it was her feelinq that some members of the Community Relations Comrnission were aqainst CDBG monies being used for rental assistance. She said that HUD's maximum rental rates diri not make it easy to help families with 3-4 children in finding decent rental housing. She said that the HRA recommended that staff try to find ways to supplement rents. She said that the purpose of the C�BG program does not seem to agree with the thoughts of those r�embers of the Community Relations Com- mission who are unsupportive of rent supplement assistance. Playor McQuaid suggested this matter be brought up again at the citizen participation meeting when the use of CDBG monies will be detailed. October 1980 Financial The October 1980 financial statement Statement was ordered filed by consent. UNFINISHED BUSINESS l�a. Boards and Comnissions Appointments to Boards and Comnissions. It was moved by Councilman Martin, seconded by Councilman Hanks, to reappoint Paul Tschida to the Police Civil Service Commission. The motion passed 7-0. Councilman Martin asked if the City's Fire Department was aware of the vacancy on the Fire Civil Service Commission. He said that they are probably nore aware of fire personnel in our community as well as those who ma,y have served elsewhere. • Councilman Backes said that control over filling this type bf vacancy should rest with Council. Councilman Martin said that he agreed but that he was not aware of any potential appointees at this time. ' Councilman Backes said staff should pro�eed with the screening of interested persons to fill this vacancy on the Fire Civil Service Commission and report back to Council. It was moved by Councilman Hanks, seconded by Councilman Backes, to proceed in the usual manner with the filling of this vacancy. The motion passed 1-0. -416- City Council meeting minutes November 17, 1980 lOb. Park Tavern landscapinq Resolutian No. 6713 Park Tavern request for time extension to complete landscaping. �4r. Ben Weber and his son, Philip, said they were available to answer any questions that Council might have. Councilman Ralles asked Mr. Weber if he was aware of the landscaping that was to be completed on his property. P1r. Weber replied that he was and that sodding and planting of trees remained to be completed on the boulevard area. It was moved by Councilman Hanks, seconded by Councilman Backes, to ��aive reading and adopt Resolution PJo. 6113 entitled, "Resolution amending special permit." The motion passed 7-0. lOc. Park Tavern: Amendment Park Tavern amendment to special permit. It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the amendment�to the svecial perr�it allowing �'ie fence without making application to the Plannin7 Cor.�nission.and incorporate that amendment into Resolu�ion 6713 (above.) The motion passed 7-0.• lOd. Traffic Study No 24II; Resolution Nos. 67p8 6109, 6710 Traffic Study No. 24a: Quentin Avenue update. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6708 entitled, "Resolution establishing truck traffic controls on Quentin Avenue between Excelsior Boulevard and Wooddale Avenue and on PJatchez Avenue south of Excelsior Boulevard"; Resolution No. 6709 entitled�, "Resolution establishing traffic control signs at the intersection of Excelsior Boulevard and Quentin Avenue"; and Resolution No. 6710 entitled "Resolution establishing traffic control signs at the intersection of 6Jooddale Avenue and Princeton Avenue." The motion passed 7-0. Counci]man Hanks said that with regard to improvements to the sidewalks, he would like to have a neiqhborhood meeting held with the concerned property owners. He said staff could discuss not only the cost of these sidewalks but also that Council would be happy to work with them during the completion of this project. He requested that the residents be informed that sor�e City funds will be available so that the property owners do not have to absorb the total costs of the sidewalk improvements. It was moved to Councilman Hanks, seconded by Councilman Meland, to authorize staff to hold a neiahborhood meeting prior to the legally City Council meeting minutes November 17, 1930 required public hearing on the proposed sidewalk improvements. 7he motion passed 7-�. 10e. Ben Weber: Adjustment Ben Weber: Request for land purchase price adjustment. It was moved by Councilman Backes, seconded by Councilman Elstrom, to accept the recommendation of the City Manager that no refund be made. Council�an Martin said that he disagreed with the recomnendation. He said he accepts staff's report on the background of this matter but that he felt the appraiser could have taken additional soil borings which might have shown the poor quality of the land. He said that Mr. Weber had bouqht bad merchandise and that the Nousing and Redevelop- ment Authority had apparently felt the same in recommending a g15,000 adjustment in the price of the land. He said that he will vote aqainst the recomnendation and support the HRA's position. Councilman �eland stated he would also oppose the recorrmendation. He said he hoped enough Councilmembers would also oppose the recommendation so that action could be taken to approve a refund. Councilman Ralles asked if pictures were available of the material that had been removed from the development site. The City Manager responded that not all of the material that had been removed had been contaminated. He said that staff had never received any information from the developer about the quantity of material that was rerioved. Councilman Backes said Council has reviewed extensive reports on this matter an�Il�1r. Weber has suffered a good deal of grief. He said the matter was a clear and simple transaction between the developer and the HRA. Mr. Weber sai'd he felt he should have been told about the condition of the soil. • Councilman ��lartin said that when one makes a purchase, he expects to receive good merchandise. If he does not, he is entitled to a refund, and that in this instance, he felt that the $15,000 adjustment was justified. Mr. Weber said that his cost overruns had exceeded $100,000 because of the problems with the soil. They certainly never expected this and it had not been evident from the soil borings. He said he appreciated any adjustment Council felt was equitable and that he was not there to say that "Council owes us" anything. �4ayor McQuaid asked why the price Mr. Weber paid for the land had been so low. -418- City Council meeting minutes November 17, 1980 Mr. Weber said that the appraiser had erred in his figures. Philip Weber sai� that former ttayor Dahl had urged their company to develop this land as it would encourage other interested businesses to develop in the Oak Park Village area. He said that Mr, Dahl had felt the price of the land to be reasonable. Councilman t4artin said that the whole matter was indeed unfortunate, but that unforseen circumstances had occurred in the development of the property and that he felt extremely uncomfortable should Council choose to do nothing regardina an adjustment. Mayor McQuaid said that Council should not set a precedent by any action it might take on this matter. Councilman �lartin said that he hoped Council would make an equitable settlement with any purchaser of bad land. Mr. Weber said that the materials he had to remove fro� the property, incli►din� old rubber tires, concrete blocks and similar refuse, was dumped there by the previous owner of the property. He said that he had to secure permits fro� the City for everything that had to be removed. He said that the previous owner probably did not have to get a permit to dump it there. Mayor McQuaid asked Councilman Martin if he was prepared to make a motion should the motion on the floor fail. Councilman Martin replied that he was and that he would make a motion to accept the adjustment as proposed by the HRA. Councilman Elstrom asked if documentation had been provided on the soil excavation. P1r. Weber said that the HRA was in possession of all the documentation which includes load hauled, cost overruns, and other costs. He said none of the documentation was ever brought before Council. Staff was asked for an explanation. The Administrative Assistant said that from the documentation staff received it was impossible to dis- tinquish between the normal excavation costs and the additional cost overruns involved because of the abnormal soil conditions. Councilman Elstrom asked if the figures in staff's report were actual costs or estimates of costs. The Administrative Assistant said that because of the lack of sufficient documentation, it was difficult to differentiate between what were actual costs and estimated costs. Co��ncilman called for the question. The vote was 1-0 to call the question. -419- �- t City Council meetinq minutes November 17, 1980 The motion to accept staff's recommendation failed 0-7. It was �oved hy Councilman Nartin, seconded by Councilman Backes, to refund $15,000 to Mr. �leber. Councilman Hanks said that he would not want Council to qo about a resolution of this matter in the wrong way, but that he was not quite sure what the riqht way was. He said that he felt Council needed more information in order to determine a solution. Mayor HcQuaid said that she agreed. She asked how much of a moral obligation Council had in the matter. She said she was uncomfortable refundinq E15,000 of the taxpayers' money. Councilman Martin said that this was not taxpayers' money and that the land was simply not worth what Mr. Weber had paid for it. Councilman Hanks said he felt the fiqure of 515,000 was being discussed only because that was the figure the HRA had determined. Councilman Ftartin said that the poor quality of the land was not re- lated to creosote, but that the land had been used as a dump. Councilman Backes asked if a resolution could be prepared outlining the facts of the matter. Councilman Martin said that would be aqreeable to him. Councilman Hanks asked if staff was goinq to research the facts in order to substantiate the $15,000 refund figure. Councilman Backes said he only wanted the resolution to contain what Council had discussed. Councilman Elstrom said that she would like more complete numbers be- fore making a decision. She asked if the appraiser could be sued. Councilman Martin sugc�ested sufficient documentation be prepared to substantiate the �15,000 figure. Councilman Elstrom said that she could not sunport that refund as it presently stands, but would prefer not to work backwards to arrive at that amount. Councilman Hanks asked what would happen if Council rejected the HRA figures. He wondered if Council or the HRA was responsible for pay- ing the refund. He said that the development did involve a bond sale. The City Attorney said that the project was not of the magnitude to jeopardize the security of the bond sale. Councilman Hanks asked if Council had to take any action. -420- � Cit,y Council meeting minutes November 17, 1980 The City Attorney said that in his opinion Council is not under any legal obligation to take action. Councilman Hanks said that he would prefer to have more complete information before making his decision. It a�as moved by Councilman Hanks, seconded by Councilman Elstrom, to table the matter until December 15. The motion passed 4-3 (Councilmen Backes, Martin and Meland opposed). Councilman Hanks asked if Council had to affirm HRA's decision and requested that the City Attorney render an opinion of that issue. lOf. Traffic Stud : Birchwood Traffic study: Birchwood (Xenwood/West 26th Street/Vernon Avenue It was moved by Councilman Elstrom, seconded by Councilman tdeland, to accept the report of staff and to oroceed no further on this matter. The motion passed 7-0. Councilman Hanks said he wanted to qo on record in support of no further action taking place with regard to this traffic matter. lOg. Gordon Sash & Door Agreement: Gordon Sash & Door It 4�as moved by Councilman �4eland, seconded by Councilman Hanks, to aporove the aareement and authorize the Mayor and City htanager to execute the agreement. The motion passed 7-0. _�, lOh. Test case, traffic Traffic citations. citations Councilman Meland said that he had received a complaint that the Golden Valley Police Department was issuing traffic citations for motorists using Natchei Avenue between the hours of 7:00 and 9:00 a.m. He said he would like the cited motorists to be defended by the City to appear in court as a test case. It was moved by Councilman ��feland, seconded by Councilman Backes, that the City defend the motorist issued a citation by the Golden Valley Police �epartment in a test case. The motion oassed 7-�. lla. Televisinq of City Council �neetine�s NEW 6USINESS Northern Cablevision's televising of City Council meetings. Councilman Nanks said he wanted to point out several areas in which -421- ' City Council meetina minutes November 17, 1980 llb. llc. he felt Northern Cablevision was not fulfilling its agreement with the City. Those ooints were: (1) screening of former Council meetings; (2) the entire Council not being panned during meetings; (3) poor sound quality during a meeting he viewed. He said that he would like to see a good job of production done by Northern Cablevision or thatthe televising of City Council meetings be discontinued. It was moved by Councilman Hanks, seconded by Councilman Backes, to request that staff write a letter to Northern Cablevision discussing the points made by Councilman Hanks. Mayor McQuaid said that with all due respect to the television tech- nicians, there were problems with the filming of ineetings. She said she would like to see an improvement rather than discontinuing the filminq of the meetinqs. Councilman Elstrom commented that the large-type announcements for the Boards b Comnissions messages were quite effective. Councilman Backes said that a taped show he viewed was very out-of-date and that this type of situation could cause serious problems. Steve Kelly, representing Northern Cablevision, said that the company is workinq to control these problems. He said that with regard to the taped show that was quite out-of-date, Northern Cablevision has re- cently ordered new equipment that will solve that particular problem. Councilman Hanks said that he appreciated Northern Cablevision's con- cern and withdrew his motion. Mr. Kelly said that he felt his superiors should hear from Council and suggested that sending the letter would be a good idea. Change order: Allied Change order: Allied Painting � Paintinq Renovating, Inc., Project No. 80-18 Councilman �4artin asked if the price for painting the water tank would be the same as quoted if it is.delayed until spring. The Mayor said that it would be the same. It was moved by Councilman Meland, seconded by Councilman Martin, to chanqe the completion date on Project No. a0-18 from October 31 , 19A� to �tay 31, 1981 . � The motion passed 7-0. Second floor remodelina Bid tabulation: Second floor rer.iodeling of City Hall. It was moved by Councilman Hanks, seconded by Councilman Backes, that Gladstone Construction Company be designated as the lowest responsible bidder and be awarded the contract for the general construction portion -422- City Council meeting minutes November 17, 1980 of the second floor remodeling in the anount of $37,446; that Business Furniture, Inc. be designated as the lowest responsible bidder and aa�arded the contract for the furnishings for the second floor remodeling project in the amount of $8,347.50; and that Arch- itectural Sales be designated as the lowest responsible bidder and awarded the contract fo r carpeting a portion of the second floor remodeling in the amount of $4,290 for a total contract cost of $50,083. The motion passed 7-0. lld. Energy maxi audits Agreement for energy maxi- audits for municipal buildings. It was moved by Councilman Hanks, seconded by Councilman Martin, to accept the recorrmendation of staff that energy maxi-audits be per- formed on the ten designated municipal buildings, and that staff be authorized to execute an aareement for the performance of energy maxi audits with the firm of Orr-Schelen-Mayeron & Associates for a sum not to exceed $15,300. The motion passed 7-0. lle, Insurance Proqrams-1981 Insurance programs-1981. It was moved by Councilman Hanks, seconded by Councilman Martin, to accept the City Manager's recornrnendation that Council authorize renewal of the general liability, fleet and workers compensation insurance policies through the Home Insurance Company. The motion passed 7-0. llf, Inventory: City-owned ro ert Inventory: City-owned property. Councilman Ralles asked if Council could go over the inventory page- by-page. Councilman Hanks asked if the Parks & Recreation Commission was not also studying this inventory. Councilman Martin said that the Corr�nission was not concerning itself with the disposition of lands but rather was studying the City's need for parkland. Mayor McQuaid commented that there was a book kept in the City Manager's office showing every viece of City-owned Tand which would be a helpful reference in studying this matter. Counci]man Martin asked if staff could comnent on some of these parcels of land. Councilman Ralles asked why leaf mulching was being proposed for a valuable piece of land when there was swamp land available for such a purpose. -423- '� \ City Council meetinq minutes November 17, 1980 The City Manager said that staff could prepare a more detailed report of City-owned land and its uses to coordinate with the report the Parks & Recreation Commission was oreparing. Councilman Meland said it would be interestinq to find out the total value of land that is tax exempt. It was moved by Councilman Hanks, seconded by Councilman Ralles, to defer any action on this matter until a more detailed report can be prepared by staff which would also incorporate Councilman Meland's request for an accounting of the value of tax exempt lands. The motion passed 7-0. 11g. Sale ot lots: Flag Avenue Deferral of sale of City lots on Flag Avenue. It was moved by Councilman Meland, seconded by Councilman Ralles, to accept the recommendation that the extension on the closing date for the sale of lots on Flag Avenue be approved. The motion passed 7-0. llh. Liquor license renewals Intoxicating liquor applica- tions: Set public hearings. The report setting public hearings for intoxicating liquor applica- tions was ordered filed by consent. lli. Trail easement: 28th Street to Natchez Avenue South Trail easement: 28th Street to Natchez Avenue South. It was moved by Councilman Backes, seconded by Councilman Martin, to accept the easement. The motion oassed 7-0. 0 llj. Park Tavern Park Tavern: Stock transfer A report on staff's recortmendation to approve the Park Tavern stock transfer was ordered filed by consent. llk. Town's Edge Ford Town's�Edge Ford: Request for a change in special permit. Councilman Hanks said that the attorney for Town's Edge Ford had asked for a change in their special permit. He said that the attorney ►vas present to address Council. William McGrann, IDS Center, attorney representing Jack Walser, owner of Town's Edge Ford, a�dressed the Council. He said that 2� years ago r: � -424- City Council meeting minutes November 17, 1980 he had appeared before Council regarding a zoning request for 7own's Edae ford, located at Highway 100 and W. 36th St. He said that Mr. Walser had since purchased Kay Chrysler on Minnetonka Boulevard im- mediately west of City Hall. He said that the Kay Chrysler building was in very bad repair and currently a non-conforming use. He in- dicated that Mr. ��lalser would like to relocate that dealership to the site of Town's Edge Ford. He stated there is ample room available at this site as one of the Town's Edge buildings is under-utilized. He said the only changes that would have to be made would be to add showroom windows, which are now overhead doors, and one outdoor sign. He said that if Council does not approve the request for an amendment to the special permit, his client would be forced to go to court, a step he wished to avoid because of the long, drawn-out proceedings. He said Mr, Walser had heard from Chrysler Corp, that they would not approve his request to relocate to the site of another American auto dealership. He said they would like to make the move as quickly as possible because of the undesirableness of the present location on Plinnetonka Blvd. as he had outlined. If necessary, he said they would be happy to follow the usual procedures of appearing before the Planning Comnission with the necessary documentation, but that Council's cooperation in expediting the matter through the issuance of an amendment to the special permit would allow them to relocate to the new site much sooner. He said that for several reasons, this relocation would be very ad- �entageous: Optimizing the chances far Kay Chrysler to continue in business, maintaining jobs for a good number of residents of the City, and a phasinq out of the truck sales and service phase of Town's Edge dealership. He thanked Council for the opportunity to discuss their proposal. Councilman Hanks asked staff if it was possible to build on the present Kay Motors site. The Director of Planning said that it would require a special permit. Councilman Hanks asked if the available land was sufficient to support a dealership of any size. The Director of Planning said that it probably was, and that in the future a smaller dealership miqht find it adequate. Councilman Hanks asked Mr. McGrann if Mr. Walser was willing to agree not to sell large trucks at this facility, a situation which has caused problems in the past, un]ess requested through a special permit. Mr. McGrann said it is Mr. Walser's plan to close down the truck phase of the operation. Councilman Hanks asked if he was correct in that there would be no change in the building or in the existing parking. r .�.r..- i � -425- � City Council meeting minutes November 17, 1980 Mr. McGrann said that that was correct. Councilman Hanks questioned staff as to how this request would change the special permit. The City Manager replied that staff views this as a change in use. Councilman Hanks asked if staff felt this request represented a major change in the permit. He said that he did not feel it did. Following a brief comment on what is required to substantiate a re- auest to amend a special permit, the Planning Director said that the exhibit A-1 showinq the building's use and parking layout, with a very slight modification showing the incorporation of the Chrysler portion into the existing facility, would suffice. He said this would be incoroorated int�o the resolution along with the point re- gardina termination of the truck leasing/service portion. Councilman Hanks asked the Planning Director if he saw any problem in Council granting the permit that night and then later having Town's Edge go through the planning process. The Director of Planning said that if Council approves the special permit, takinq into account the modified exhibit, they have in effect gone through the Planning process. The City Manager said that he concurred in this matter and that if Council issues the building permit, they are in effect authorizing an amendment to the special permit and that Council might want to stipulate that the exhibits be revised prior to the issuance of the permit so that all is in proper order. It was moved by Councilman Hanks, seconded by Councilman Backes, to direct staff to work with the applicant and to issue a build�ng permit for this change when the requirements of the Planning Department are satisfied. Councilman Elstrom asked if the service area would be for both Ford and Chrysler products? Mr. McGrann said that it would. The motion passed 7-0. Councilnan Martin said that the resolution permittinq parkiny on the back of this property is due to expire in December 1980 and he asked Mr. Walser if his lease on this property was good for a couple of more years. Mr. McGrann said that the permit for the railroad storaye yard was due to expire and they would be returning to Council to request an extension. Councilman Hanks said that he would like to see the resolution cover- ing this matter on the next agenda with all the details worked out. -49F- City Council meeting minutes November 17, 19a0 MISCELLANEOUS 12a. Damaae claims 12b. Conmunications from the �layor 12c. Communications from the City Manager None. None. 1. Council was requested to adjourn for executive session to discuss the agreement with Councilman Martin. 2. It was decided to hold a joint City Council/Community Education Policy Advisory Comnittee meetinq at 6:30 p.m, on t4onday, January 19, 19g1 prior to the regular Council meeting. It was moved by Councilman Backes, seconded by Councilman Meland schedule a joint Council/PAC meetint for Monday, January 19, 1981 at 6:30 p.m. The motion passed 1-0. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a, Verified Claims It was moved by Councilman Meland, seconded by Council- man Martin, that the list of verified claims prepared by the Director of Finance and directed to the City Council dated November 11, 1980 in the total amount of 570�,476.28 for vendors and election judges and S8,190.24 for payroll be approved and the City Manager and Cit,y Treasurer be authorized to issue checks in the same amount by a vote of 7-0. 13b. Contract Payments It was moved by Councilman Meland, seconded by Council- . man Ralles, to authori2e payment of the following partial contract payments: 1. Partial payment, engineering services for drinking water treatment b remedy, Eugene A. Hickok & Assoc. Amount $5,466.51. 2. Partial pa,yment, Project 80-18, cleaning, paintin� el. tower #2. Allied Painting & Renovating. Amount: 520,016.50. C�uncil met in executive session. Upon its return to Chambers, Council- man Hanks asked Councilman Martin what his feelings would be about voting on matters concerning the Police Department. The City Attorney said the effect of the agreement would be for him to refrain from exercising his vote in certain Police matters as there would be the possibility of his action being questioned be- cause of potential conflicts of interest. -427- City Council meeting minutes November 17, 1980 It was moved by Councilman Hanks, seconded by Councilman Backes, to authorize execution of the a,qreement and waive reading and adopt Resolution No. 6711 entitled, "A resolution authorizing settlement with Jerrold Martin relative to certain provisions for City employ- ment." The motion passed 5-0-2 (Councilmen Elstrom and Martin abstained). It was moved by Councilman Backes, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6712 entitled, "A reso- lution approving enactment of Minnesota Laws 1980, Chapter 600, Section 17 and authorizing the filing of certain documents with the Secretary of State." The motion passed 5-0-2 (Councilmen Elstrom and Martin abstained). 14. Adjournment On motion of Councilman Qackes, seconded by Council- man Hanks, the meeting was adjourned at 10:10 by a 7-0 vote. Attest: !/ . i P t Smith, Recording Secretary 0 �/1 // / � �_...i_,.� � / -428-