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Home My WebLink About1981/10/05 - ADMIN - Minutes - City Council - Regular� L• 3. 4. 5. Call to Order P1INUTES . CITY COUPJCIL MEETING ST . LOU I S PARK, P1I NNESOTA Octot�er 5 , .l 981 The meeti nq v�as cal 1 ed to order at 7:30 p.m, by Mayor Phyllis McQuaid Presentations Prcclamations were presented b th M �or�merce ��oters ; P�ational . y e ayor to representatives of the following or- gani zati ons : �Jest Suburban Char�ber of procl aimi ng October 1��-� 3 as Ener�ly Week; the Leaque of tJomen anci the �usiness and Professional Women's Association proclaiming Business Women's Week. � Roll Call The followina Councilmembers�were present at roll call: � P9artha El strom Lyle Hanks Jerrold Mariin Keith P1eland John Ralles Phyl l i s 1�cQuai d Al so presen�t were the Ci ty Manaaer, Ci ty Attorney, Ci ty Assessor, Ci ty Enc�ineer, �i rector �of Fi�nance and Di rector of Pl anni ng , Di rector of Publ i c Works �9i nutes �eld Sept. 21, 1981, be �It was moved by Councilman Meland, sec- onded by Councilman Elstrom, that the minutes of the revenue sharin�g hearing a�proved as presented. The motion passed �-0-2 (Councilmen Hanks and Martin abstained). It was moved the minutes be approved by.Councilman "1eland, seconded by of the regular City Council meeting as presented. The motion passed 4-0-1 (Councilman �9artin Appr�val of Aqenda as presented. The r�otion passed 6-0. Councilman Ralles, that of September 21, 1�.381 abstained). I t was move�i by Counc� � and r1totapprove oncled by Counci 1 man P1e � the consent agenda for October 5 It was r�oved by Counci1man Elstrom, approve the �qenda for October 5 as The motion passed 6-0. � -309- seconded by Councilman presented. Meland, to . � ,i�. �.. City Caunci 1 meeti nc� mi nutes Octoher �i, 19�1 6a. �s�me,nt_ir»ro G t-- Resol ut� on . P�o�� .r fir�m Septemtier �, 1981) 6h. �iar�es Johnson, 30�� 3�t1 assessmept for hac1 been �:aken out qnne up the ramp. �'U(3L I C I� R I NGS ..�----- . _r�� ; Assessment improvemen� PJo. 7l�-41: Side- �` w�lk on s�u�h sid� of P1innetonka Blvd. f rom Utah llve. to �1qui 1 a Ave. ( conti nued �1�1c�ui 1 a Ave. thi s tiv�r�. and replaced So., said he I'e s�i�l that with a ram� was still protesting his n�W �0 feet of the sidewalk and that already a car had There beinc� no one further wishing to spe�k� hereafter heari na cl �s�c1 wi th thP ri qh� of C�unc � 1 to t tinue it at a fu�ure date. It was moved hy Co�mcilr�an P-1�rtin, waive rPadin� �nd adop�: Resolution �cioptincl assessr�ent iriE�rovement f�o. seconded No. h�f9 79-a1." declarPd the reo�en and con- by Councilman Ralles, to entit1ed, "Resolution Co�inci lman E1 strom asked wha� the 20 foot ramp �►as . The Director of Public Works said placed all along ��innetonka Blvd. P1r, Johnson said he did not think 2� feet lona, way lonc�er than most The City P1anaqer bacl: to Counci 1. i� was a wheel chai r ramp whi cl� are i t v�as a wheel chai r ramp as i t was wheelchair ramps. said he w�uld request staff to check it out and report The motion oassed f�-0. Pro,iect "Nos. 73-14, Resolution No. 6970 7Q-02; Assessr�ent hearinn Project Nos. 73-14, Vir�inia Ave. from Cedar Lake Road to Burlington tracks and 79-02, QuPbec Ave. fr�m Cedar Lake Rd, to W. 26th St.; Rliode Island �ve. from Cedar Lake Rd. to W. 26th St.; Sumter Ave, from Cedar Lake Rd. to W. 26th St.; W• 25th St. from Sumter to W. 26th St.; W. 26th St. from Quebec to Virginia• It ��v�s moved b� Councilman Ralles, seconded waive reading and adopt Resolution No. 6970 adopting assessment ir�provement Nos. 79-02 The motion passed h-0. 6c. Project No. �l-�Jl; R�solution No. 6971 There hPinq no one wishing aiith the right of Council > to to by Councilman Meland, to enti tl ed, "Resol uti on and 73-1�." Assessr�ent hea ri nc� Proj ec � 81-01 , Dakota Ave, from W. 16th St. to Cedar Lake Rd.; Col orado Ave. �rom W. 16th St. to Cedar La{ce Rd. ; W. 1�th St. f rom Col orado Ave, to Dakota Ave. clos�d later speak, th� thereafter -310- Mayor cleclared the reopen and co�tinue hearinq it at � � � �,,,:.:r.�,�,, r ��ty Council gietinq minutes ��tob�,r 5, 19 date. � it was moved bv Councilman Ralles, v�aive reading and adopt Resolution adoptinq a�sessment improvement No. The notion passed F-0. 6�, West��ood Hi 11 s curve; Reso ution No. 6972 seconded No. 6971 81-01." Assessr�ent t�►ood Hi 11 s by Counci 1 r�an Marti n to entitled, "Resolution hearing, curve. Project 81-13: West- Ther� beinq no one wishin� to speak, the Mayor declared the hearing closed with the riqh t of Council to thereafter reopen and continue it at a �future date. It was r�oved by Councilman Ralles, waive readinc� and adopt Resolution adoptinh assessment ir�provement No. The r�otion passed 6-0. fe. ?roject 8�-4�, T-alley; Res.olution No. 6973 seconded No. 6972 81-13." by Councilman P1artin, to entitled, "Resolution Assessment he�ring Project �U-49, T-alley paving betwe�n Plonterey Ave. and Natchez Avenue, P�innetonka B1vd. and�W. 29th St. P�lar,jean Cooper, n61 � P1i nnetonka Bl vd. , sai d that the paving job was very �oor in that the blackto� was in bad condition, there is a crack in the concrete, yellow rock had been left strew�n about and the alley is off- center. She voiced her concern over the direct/indirPct benefits and the per foot assessed rate. She also thanked Playor �9cfluaid and Co��ncil- man Nanl:s for thei r efforts i n getti ng the property stakes repl aced. Don Beatty, 4610 Minnetonka Blvd. said that the �ire tracks made by tivater truck�s were still observable. There heing no one further wishinc� to speak, the Mayo� de0�eneandhcontinue � hearinq closed with the right of Council to thereafte P it at a future date. , � the City Engineer addressed � In anst,►er � to a questi on f rom Counci 1 man Hanks , rocl: 1 eft stream the oints brouqht up. He said he �vas not aware of any p had been repl aced Q11 one 1 ot. He sai d the al ar.ages ahout but that gravel • � f-cente r was due to the confiquration1�80�costsnfog the beinq sliqhtly of Ne commented that the and to avoid remova1 of trees. • ',ates and that there was a diffe�r��fference pro�ect v�►ere based on estim • 'ob came in at, therefore a Saired by the estinates and what t�he final � ' . nts. He said the cracks v�ere due to be rep in the assessr�e �,11�d e of vrater trucks drivinq on the contractor but that� he had no kno 9 . project. � made if the propertY ' nks asked how the assess�r�ents had bePn Counc�lman Na , stal:es were removed. . straiq�� ' �the assessment had been t°for�a T-alley was The City Asse�ssor re�lied f •S. He eXplained that the assessmen ront foot basi Ca�,r��. i 1 n��eti n� rni nu tes Ci tY ' (�ctohE,�' S, 1951 �f. � from �I�e asses�in�►�� f�r a s�trai�ahl; �llc�y. differrnt , , ��.�� f» �E1�; affer.t�d r��id�� shoslm�nt,notified when (,nt�ncT lma�� r� �asQd asse s A flil�� ss��smen�G is di ffer�nt �ront A p E ��,� h�i��c� nc� �ne furtherw wishinq to speak � tereafter TI e h��ri ng cl os��d wi �h the r� c�ht of Counc � 1 to t t�n�� t�t � future date. ciec � a red the reopen and con- It �vas mQveci by Cauncilman Nanks. s�condeci by CouncilmaR�51olution waive readir�a anri advpt Resolut�on No, fi913,�nt��s�i ulation of ado�iinct �ssP�s�»ent i�provement PJ�. �3�-4�1 wlth the p maxir�um assessment of �1 a.0(l per foot di rect h�nPfi t. �o ,� Councilman t�lartin qi�estioned the �ssessments based on a bid estimaLe. Cnunci lr.tan during the assessn�en�, N�nks expiained there were several court decisions handed dow� time of this pro,lect wl�ich n�cesSitated a re-figurinq of the anci that apparently was ��there the confusion arose. Counci lman Plartin said he proposPd assessment and a future. �vas concerned that discrepancies such as a hiqher final assessment be avoided i� the It was moved by Councilnan Martin, seconded by Couneilman Ralles, to call the questior�. The vote was 3-3 .(Councilmen Nanks and Elstrom, Mayor McRuaid opposed). Councilman Hanks inquired about the property stakes. The City Enqineer saici that the contractor had an intern working on thfs project and that he had inadverently removed them. He said that the contractor's surveyor had certified the work. Councilman Elstrom said the difference between the estimated assessment and the m�xir�t,r� nroposed by Councilman Nanks was only ahout 2 percent and tl�at she felt this was not sic�nificantly out of line. 'layor F1cQuaid �aid the changes in the law reqarding direct and ind3rect benefi ts was where ihe discrepancy 1 ay. The motion by Council�an Hanks passe�i 6-0. Excelsior Blvd, imp Resolution No, fi97� rovements; Excelsior Blvd. improvements: Methodist Nospital to west City Limits as c�s�rThed i n Noti ce of Heari ng pt�b) i shed SePte+�er 24 and October 1� i 981, Geratd Ookka, 392g Natchet Ave. asked i' the inr�rovements stopped short of �runswi tk Ave . The Mayor asked th�t the Direc�or of P�ab�i� Wor4;s wouici �r�es�nt `�`s"�' backaround r�ateri�l on the project and the results of that after��^�S r�eet i na . -312- --� � �� ty Counci 1 mieting mi nutes p��ber 5, 198 . The Di recto r referre to the des i qn on the wal 1 of cf�ambers i 11 ustrati n t h e p r o posed im provements. Th e C � t y A s s e s s o r e x p i a� ne d the assessment 9 f�rnula stat�nq the only negative comments at the meetinq dealt �vith a request for no assessment. The D�re�tor sa�d that the manaqer of the hleadowbrook Manor compl ex had cal 1 ed to voi ce hi s favor of the. improve- ments. The Director said an issue of concern was the $80,000 for right-of-way costs. Councilr�an Hanks asked for further explanation of Mr. Dokka's question. i he Ci ty tlssessor sai d assessments for i ndi rect benefi ts went as far as �runswick Ave, and�that �he deterrnination of benefits was based on roads having direct access to Excelsior Blvd. There bei ng no on�e further wi shi ng to speak, the Mayor decl ared the hearinc� closed wi.th the right� of Council to thereafter reopen and continue it� ai a future date. It was moved by Council�an Hanks, seconded by Councilman Martin, to waive reading and adopt P.esolution No. 6974 entitled, "Resolution ordering improvement, orderinq �reparation of plans and authorizing advertisement for bids, Improvement No. 81-07." The motion passed 6-0. Counci lr�an Mel and sai d red�aceci to some extent 6f. Saul Grouse: Variance; Resolution No. 6975 there was hope by the County. far�ily house as described in the riqht-of-way costs would be Appl i cati on of Saul P,. Grouse for a var- �iance at 8901 Stanlen Rd. to permit con- strictian of an addjishedtSeatS123,e1981. Notice of Hearing publ P Tl�ere bei n no one a�i shi nq to speak, the Mayor decl ared the h�aa�na future with the r9ght of Council to thereafi;er reopen and continue date. It tNas moved h Councilman Ralles, seconded by Councilmesolution�9rantinq wai ve readi ng and adopt Resol uti on Pdo. 6�15 �nti il ed �o� the Ordi nance variance�in rea r y ard setback from Section 14-�e�back of eight feet • ard s Code relating to z onin9 �0 �eet1inatheaR-1, Single Family District, at instead of the required 35 f 8901 Stanlen Rd." The motion passed 6-�0. 69• Robert P1u�aas : Resol uti on PJo. Uariance; f976 setback of 6 feet instead of aublished Sept. 23, 19�1. ' cati on of Robert Plugaas for a vari ance qppli to permit the at 3715 Rhode Is�anarage•with a side yard const�r�iction of 9 . r as described �n Notice of Near n9 requ�red l� ��: City Council meetin� minutes October 5, }��1 6i, There being no one wishing to speak,�th�e�after ciose�i wi th the ri ght of C�unc� 1 to �he at a f�iture date. � declared the hearing reopen and continue it It ti�,as r�oved by Councilr�an Meland, seconded by Councilman Hanks, to , �aive readina and adopt P,esolution No. 6976.entitled, "A resolution ,, r� � tinc� variance in side yard setback from Section 14-133(3) of the ; gran . Ordinance Code relatin� to zoning t� perm�t a side yard of six eet �nstead of the required fifteen feet �n the R-2, Single Family Residence District, �' at 3715 Rhode Is1ancl Ave. So." - The motion passed 6-0. Jon Otterlei: Variance of required 20 as clescribed in Application of Jon Otterlei for a variance at 6�80-9?_ Oxford St. to permit a land- scaped f ront yard setback of f feet instead PJotice of Hearinq published Sept. 23, 1981. Wi 11 i ar� Foster, 2110 Fi rst Bank P1 ace W. , representing ��Ir. Otterlei , revie��red the situation statinc� the variance is requested only for the southeaste�rn corner of the propertv. He said that without the variance, the applicant cannot construct a warehouse. He said that the situation was there when h1r. Otterlei ourchased the property and that he was seeking the r�inir��ar� variance possible in keepinq with the area. Counci lman P1arti n sai d he fel t�1r. Otterl ei ' s recourse woul d be wi th � the seller of his property and that it 4vas not the business of Council to undo anythinq. He pointed out that the other prope rty owners had �ccented the Ciiy's offer to cio the landscaping and be assessed for it s�veral years ac�o wit,h the exception of the Otterleis. Chuck Noffr;�an, 7009 Oxford St.-, questi oned what the 1 oadi ng berth v��as as described in the request and what effect this night have on his property. ��9r. Foster saici that item had been removed from the request. � There beiric� no one further wishing to speak, the Mayor declared the hearinQ closed with the right of Council to the reafte r reopen and continue it at a future date. It was r�oved by Counci lman E1 stror�, seconded by Counci 1 man Hanks, to �ieny the application for a variance. The motion passed 6-0. PETITIO�IS, COMPIUNICATIONS 1a. Tem�orarv Construction Permit I t vra s c�rant a west 90 October REQUESTS Tem�orary construction permit to Georqe Harrison move�i bv Councilman Ralles, seconded by temporary consiruction permit over the feet, Lot 202, Richmond 3rd Addition, 31, 1981. • ;, � -314- Councilman Martin, to south 2� feet of the said pemit to exvire � � �n i� Co�1nc�� PPting r�inutes �ity �981 ��oper 5 � The motion passed 6-0. �h. Town's Eclge F�rd Town's Edge Ford - Amenciment to special permit . q�dy Shea, rep�resenting Town's Edqe Ford, said the puroose of �he amend- ment was to allow an additional cunc �ut for customer entry on W. 35th StrPet. He sa�d this w�uld el�m�nate congestion of autos at the service faci 1 i ty entrance and al so el imi nate cust�mers h�vi ne� to qo outdoors to reach the off i ce and v�ai ti.ng areas . The City Manaaer said this request had onl.y recently been received and that staff would like time to review their request. Councilman �1artin asked if a two weeks' delay w�uld be detrir�ental to their construction pr�ject. �i 11 P1c�rann of Toarn' s Edqe while the weather is still problem. It was moveci by Counci lma�� staff review the requested Council r�eetin� on October The motion passed 6-0. Fo rd said .they were anxious to move forward go�d, but that two weeks woul d not cause a Hanks, seconded �y Councilman P�artin, that amendment and report back to the next 19, 1981. Counci lman Backes arri vecl i n Chamhers 7c. MEDVESCO; Resolution No . 698:i MEDVESCO amendment (Geri Care) - Special permit Councilman Martin, to It w�s moved by Councilr�an �1el�nd, seconded by . a �rov� the re iaes�ted construction mociification, waive inadResolu�tion No. n � 6g�3 entitled 'A resolution amen 9 aciopt Resol u�,i on P�o. � 6767 6�97 am�►ndi nq Resol �ati on No . 6�U8 whi ch aciended R�uol Ste�i al�permi t 6633 and all prev� P whi ch resci nded Resol uti on r�0an� �ranti ng p��i t under Secti on 14-195(1) � rPsol uti ons for Shel ard Parkor�i nance to permi t a commercial and a and 14-195 ( 3) of the zoni ng 1 oca teci i n the B-2 general bus- residential development for property . • • • • 'dential business district in Shelard Park. iness district and R-B resi . The motion passed 6-�-� (Councilman Backes abstained). RESOLUTIONS AND ORDI��IANCES nent t 8a• State Aid Street System; Resolution No. 6977_ Re sol�ui:i on requesti nq maximemaad� Street qener'al maintenance of stat for SyS�'e�n' t v�aive . It was move�i by Gounci1man Hanks, rPading and adopt Resol�at�on 6977 seconded enti�led, _�15- by Counci 1 man P9a rti n� ° ��esolution requestin9 �ax- � ..� Citv Co�ancil meeting minutes October 5, 1981 . imur� aliotment for qeneral The notion �assed 7-�. �3h. D�linquent assessr�ents; Resolution fJo. 697� Bc. :� maintenance of state aid street system," Resolution lev,ying assessments for delinquencies It was moved by Co�anci lman Meland, seconded by Gounci lr.ian P1arti n, to waive rea�ing and adopt Resolution No. 6978 entitTed, "Resolution levying assessment for delinquent water/sewer cha rges, nuisance abate- r�ents, false alarm fPes and tree removal." The motion passed 7-0. Ordinance vacatinq drainage: No. 152� ublic Second readincl of ordinance vacating public drainage and utility easement It was moved by Councilman P�artin, seconded by Councilman Ralles, to waiv� second readin� and adopt Ordinance No. 1523 entitled, "An ordinance vacating public drainage and utility easement." The motion passed 7-0. 1Q82 Rudget; Ordinance P�o. 1527 Second readinq of ordinance adopting 1�82 budget. It was moved by Cour�ci lman Hanks, seconded by waive second reading and adopt Ordinance No. ordinance ado�ting the budaet for the fiscal the 1981 budc�et as adoptedvby Ordinance 1480, 15�7, 1508 �and 1510. The motion passed 7-0. 8e. l��l tax levv; Resolution No. 696�i P,esol uti on collectible � Councilman Backes, to 1527 ent�itled, "An year 19�2 and amendin� and amended by Ordinances approving in 1982 1981 tax levy, It was moved hy Councilnan Pleland, sec�nded by Councilr►an Ralles, to ��aive reading and adopt Resolution No: 6968 entitled, "R�solution approvi ne� 1981 �ax 1 evy, co11 ecti bi e i n' 1982. " The motion �assed 7-0. 8�. P1EDUCSCO: Reso1 uti on ��Jo. 69�3p P�EDVESCO - Resol uti on provi di nc� for sale of indusirial development bonds It was moved by Councilman Hanks, seconded b waive reading and adopt Resolution No. 69�� e Councilnan Martin, to proviciinq f�r the issuance ancl sale of ind�,strtit�ed, "A resolution bc�nds aursuant to Ghapter �74, P�linnesota ial development reven�ie he loaned to P1ecivesco for industrial Statutes, to provide funds to l�an agreement, irrevocable letter ofd�re�Op�Pnt project and approving assi gnr1e�� of 1 eases and rents, secur' ed� t, mortgaqe, statutory R�o►"�9aqe' � �ty aqreement and fixture financing --316- ��„ Counci 1 i��eeti ng mi nutes pctober 5 � 19�1 S�atPment, quaranty of speci fi c i ndebtedness, quaranty agreement, bond nurchase agreer,ient, and prel i m�nary offic� al statement." The motion passed 6-0-1 (Councilr�an Backes abstained). REPORiS OF OF�ICERS, B�AROS, COMr1iTTEEs 9a, NRA It was moved by Council��an tn accept the Nousing and rep�rt for fi 1 inn. The m�tion passPd 7-0. gb, Countv Road li3 noise wa l�s Housing & Redeve�opment ciisclosure report Authority financial Meland, seconded hy Councilman Elstrom, Redevelopment Authority financial disclosure The Director of Public Works reporte�d on the neiqhborhood meetinq held September 29. I�e said q� percent of those attendii�q desired the noise walls and 10 per- cPnt wPre op��osed to the installation of �ny walls. I�e said that tl�e f most aff�cted propert,y owners (closest �roximity to proposed walls) haci heAn contacted and that 5 wanted wooden wal 1 s and 1 v�anted concrete. He saici th�t the residents had also requested the construction of an e�rth berm whi ch woul d serve to rai se the wa11 s higher, thus el imi nati ng r��re noise. Mr. Genstl i nger of I�ennep� n County sai d the wal l s woul c� be �robl emsted �� of wood wi�h aluelaij�, thus avoidinq future m��ntenan p HP sai d tlie County wo�al �1 he s tud.yi nc� the ��rt�� '�r�� ul ated a�seri esnof be constructed hi ,yh eno�agh t� be �ffecti o� se I��rri ers on Hv�y. �� • �ictures illustra�;in� �he wo�d/�luelan n c� I� C�un�ilman Mcland, sccorr��rd hy Councis��`�barriers on It w�s move y proceed with the constructjo� o� W�Od �G�� tc��duncil nn tl�e de�ails of County FZ�ad 1� �n�l that sta��f rr.F��r�t b constiruct� ng an eai�th her�m. The motion passed 5-1 (Cc�i�nci lman 9c. Prope� ir�fiorm��i�n�s��'m P�arti n oppns�d , Counci l n�an �'r�,��er�y �nforniation nf Cani:ract I t was m�v��l h,y Cotanci linan ��1c1 �►�� sec� �S� ��ss �n1;er into �n aqr��►nen� ��fi'�h Na�r��t�1thP l_OCIS af residen�i�1 pr�ner�Ly rceords in ThQ ir��t;ic�n ��secl ��). .-:�17- aackes not present Sys t��i - Awa rdi nq Cour�c� �m`�Inc� �form� SyStCrls � 5t��». com��at�'r SY City Council meetinq minutes Octoher 5, 1�81 �d; �lalker Street assessment Walker Street assessment report It was moved hy Councilman Pleiand, seconded by Councilman Ralles, to reduce the� assessment of Evelyn J. �leyers by $.1 ,6II3.46 whi ch represents the extra work done to her property i n re the pavi nc�, curb and qutter pro,iect. � M�yor P1cQuai d sai d that f•1rs. P�evers s�.atiny her therefore she could not reduceci. a signed statement had been received from approval to proceed wi th the extra work and understand why her assessment should be Councilman �ieland said that when the initial projec� was completed, there was no �arkinq which P1rs. Meyers had not understood would occur. Co��ncilm�n R�lles said he had spoken with businessmen along Walker Street and thPy were under the impression there ��uld be ample parking. The Director of Public Works said it appea red the confusion arose v�hen Counci 1 was presented wi th two proj,ect proposal s and chose the desi�n different from the one staff recommended. The motion passed 4-2 (Councilman Hanks and P1ayor P�IcQuaid opposed). (The above iter� was discussed by Council prio r to Councilman Backes' arrival in chambers). 9e. Methodist Hospital; Resolution �Jo. 6981 Request of Methodist I�ospital for an amendment to a special permit: �Iddition to the thi rd f 1 oor It, was moved by Cou,nci lman N.anks, seconded by Counci lman Plarti n, to araive readin9 and adopt Resolution No, fi981 entitled, "A resolution amendinq P,Psolution �lo. 6569 adopted June 2, 1980 amending Resolution No. 5873 adopted October 17, 1977, amending Resolution No. 5815 adopted September 6, 1977 qranting permit under Section 14-195(3) and Section 14-123.10 of the Ordinance Code to }�e rmit a residential and institutional devel opment and provi di ng for r!modi fi cati ons to on-grad� parki nq lots and addi ti ons to �1ethodi st Hospi tal for property 1 ocated i n the R-4, Mul ti p�e Family District and F02, Flood Plain District, at 65�J0 Excelsior Blvd. The motion passed 7-0, �f. P9EPC American Properties• Keso � uti on �Jo. 6982 � Request of P�EPC Ameri can a special permit - Class at 1660 So. Highway 10� Properties for YII restaurant It �ras r�oved b,y Counci lman Marti n, seconded b Co�anci lman Backes, to wai ve readinq and adopt Resolution No f g�2 �entitled, "A resolution amending Resolution Nv. 60�g adopted September 5 under Secti on 14-124 of the S '� 978 ��ranti ng s i te pl an approval t• Louis Par� Ordinance Code relating to zoninc� to p�rmi t a fi ve story atri um offi ce bui 1 di n for rQ erty locate�i i n the DDD, Di versi fa e.d �evel Q p p opment Oistrict at 1660 So. -318- �� f,i iy C�unci 1 meeti ng mi nutes October 5, 1981 . Nighwa.y 100 prev�ously addressed 5305 The moti on passed 7-�0. ��, Michael Perkins: Special �ermit request 9h. _� Gamble Drive). Request of Michael Perkins for a special permii - C1ass Iw restaurant at 4920 Excelsior Blvd. � Co�anci lman Plarti n sai d he was i n favor of aQprovi nq the request i n that there tvere no objections from the neighborhood and the Planning Comnission did not deny the request. Councilman Backes asked what improvements Mr. Perkins had made to the premises, and he realied nevr carpeting and adriitional bo�ths had been in�talle�i. I�Ir. Perkins saicl he was requesting a beer and wine license to remain c�mpetitive with other nearby restaurants. Counci lman H.anks asked what happened to the plan of turninq this� property into a parkinn ramp some two years aqo. The Oirector o t Planning said the applicant did not proceed with the s�ecial permit which had now lansed. Councilman Hanks asked if the Iw license included 3.2 beer. The DirPcto r of Planning responded that it did not and application would have to be made sPnarately from the ►�ine license. It was mov�d hy Councilman Nanks, seconrled by Councilman Backes, to deny the reques�. ��ayor P1cQuai d sai ci she wo�al ci oppose the� moti on as Counci 1 approved a wine license for Pa rk Pizzeria and she didn't see i:he difference here. Councilman Ralles hours per day and �vere of concern. poi nted out that Mr. Peri<i ns' restaurant was o.pen 24 that the policin� �roblems with a z4-hour establishment The �layor said the restaurant would have �� abide by the rules just like a�vone else. P1r. Perkins concurre�l with the Mayor's opinion and said he vras thinl:inq of c�attinc� aff service at miclnight. . The r�oti on to deny passeci S ecial�ermit: Knollwood 5_2 (Councilman Martin, Mayor P1cQuai�i opposed). Request of PJguyen Ba Np°� �jasseIw rest- exi s�ti n� speci al p�rrii t , aurant at 8332 W• Hi9hv�ay 7. Councilman �9eland said there was licenses a� Knollwood Ma11. He a 1onq history of probls�sof�thelneic�hbors Said to his knowledge r�o -319- T City Council meetinq Oct�ber 5, 198j 9i. �j. a mi nu�es ��ere opposed to allowina a restaurant with 1iquor. Councilman Martin said he felt this was �a reflection and tliat most citizens were more amenable today. of past atti tudes Counci lman E�anks sai�d that some fi ve years aao, Counci 1 sought fi ve ad�iitional liquor licenses to be used in the City and he felt this certainlv did not reflect.a prohib�t�onist attitude. He said if someone �vants t,oybe in the li�uor business, this type of restaurant application is no� the way to proceed. It was moved by Counci lr�an P�el an�, seconded by Counci lman E1 strom, to deny the special nermit request of Nguyen Ba Nc�oc. . The m�ti�n passe�i 5-2 (Councilr�an Plartin, Mayor P1cQuaid opposed). R�siclential occupancy Rec�ul ati on rec�a rdi nq re�s i denti al occupancy. In resnonse to a question from Councilr�an Hanks regarding item 19, f'amily, which seemsto imply up to eight persons could be co-habitating in a single famil� dwelling, t{ie Uirect�r of Planning said the definitions were taken from the Zoning Ordinance. Councilr�an E�an�:s said usinq this definition could potentially create a serious probler� wi,th regard to cars and parl:ing. Counci lman El stror� sai d she fPl t the matter warranted and it was unanimously anreed to include the issue of ancy on the October 2G sturly session. a study session residential occup- Councilman Plartin said he felt it should be clarified that at issue was not just pr�blems ��rith absentee landl�rds, but the behavior of people iri any housing in the City. Parkview Treatment Center Request of Pa.rkview Centers, Inc. to amend a special perr�it to expand the treatment center at 3705 Park Center B1•�d. John f,�irran, Uice-presi�ient of Parkview Centers, said he ��as there to answer an� questions, O Re�errinc� t� staff's rec�mr�endation in its report, Counci7man Hanks asl:ed if the Center liad made any nroc�ress on items one and three. P1r. Curran said that the Center was not a land d hat they were wi�llinc� to put ihe land on the market io beedevelopednd t C�uncilr�an flanks said he would prefer to dPfe was sor�e resol �ation regardi nq the use of thi srl and,matter unti 1 there It was r�oveci b�� Counci.lman �1eland, --32�- seconded by Councilr�an Ralles, to � �� c�uncil 8�etinq minutes ��toher 5 � 19 9k. 91. 9n. 10a, . authorize preparation of a resolution grant�nq the amendc�nt to the special perr�it. . Followinq discussion regardinc� the Planning Commission's concern over the use of this land and its denial of the Center's request, Councilman Meland withcirew his motion. �tr. Curran said tl�at for two years the Housing and Redevelopr�ent Authority has been strugqlinq over this issue sterim�ing from the fact that the dPveloper could not come up with a plan to anyone's satisfaction. !�e sa i d Parkvi e�.H Cente�rs v��as now 1 oc�.ed i nto one-hal f r�i 11 i on dol 1 ars worth of land they cannot do anything with. . Councilman Meland.said he would then r�ove, and Councilman Ralles seconded, the nreparation of a resolution permittinq the expansion of the treatment center as shown on the renderinq displayed by Mr. Curran. Ne said he felt this motion t�rould permit the expansion of the Center's facility to proceed while avoiding at this time the issue of development of the abutting property. � � Councilman Backes asked if the Housing not he amendinq the Comprehensive Plan develop this parcel of land. and Redevelopment Authority should since no one apparently wants to Mr. Curran said the Center's expansion plan had been approved by the HRA undPr the terms of their "exceptions" cateqory rider to the Comprehensive Plan. � The vote on thP motion was 5-2 (Councilr�an Qackes and Nanks opposed). It was then moved by Councilman Hanks, seconded bit��re�ortabatGk1todCouncil request that the Housing and Redevelopment Autho y p with necessary changes in the Comprehensive Plan that reflected the passage of the above motion. The motion �assed 7-0. Plannind Comr,�ission minutes HRA mi n�utes Board of Zoninq r�inutes Boards & Commissi�ns T�» minutes of the Planning Commission meet- �n� �el� Sentember 16, 1981 were ordered filed by consent. The minutes of the Housing anb�Rede'el98ient �luthori ty meet7 ng hel d Septe were o rdered filed by consent. mi i�utes of the aoai'd of Zoni nn ApPeal s The hel d Ser�eiTiber 3. 19�31 were ordered meei:i n� filed by consent. UNFIN_,,., I.�� US�NG5S M�rtin, seconded Cauncilman I� was n�o�I�ai��Ral.l es , to reapPoi nt Ernest by C�uncil ' ��21- �� . Council �eetin9 minutes City �ggl Octoher �� l�b. F aen�el to tl�e Qaard of 7_oni n9 APpeal s. The motion passed 7-0. r� � ted interviet�►s with the interested youth representatives It was reques on the Board of Zoning Appeals be scheduled and candidates fone�h��mPPtinq• pri or to .tl�� cto . . Recreational vehicle Recrea�ional vehicle - 16th & Brunswick. �loyce Erickson, 1629 Bruns��ick, said she objected to her neighbor being pe rr�itt�d �� park his 2�-foot recreational vehiclehensideyofah�s home said he h�a�i a lonq drive as well as ample area on o� which to park �he vehicle. r�ancy Eri ckson , 16?_9 f3runswi ck, wondered i f she woul d be permi tted to par�: a boat on City �roperty. Larry Hopki ns , 1623 Brur�swi ck sai d he has been parki ng hi�s vehi cl e there for five years an d t he on l y r e a s o n t h e E r i c k s o n s a rfeet�fronnthe Eribkson5s of a personal reason. fle said tWhenetheleleave t�eir home. He said the property and is only observable Y perr�i t was i s��aed by the �Ci ty as hi s property was used by Ci ty vehi cl es for tiarn-arounds. Councilman hlart�in said Council permitted the parking on City-owned land only because i t had been parlced there for so 1 ong . Councilman Elstram asked �Nhat happened in the winter. r1r. Hopkins replied City snow plows snowed his vehicle in and that he shoveled it out. � Councilman Plartin suqgested that perhaps P1r. Nopkins be charged a fee for the land upon arhich his vehicle sits. P1r. Ho�kins said he approached the ra�lroad who said he could purchase 15 feet of its riqht-of-way, but that the City said it was not for sale. He said he fertilized, cut and cared for the grass on this propertY and had done so for some 17 years. Councilman P�eland said the City does benefit in that its vehicles use the nroperty for turn-arounds. f�ounci 1 r�an E1 strom suqgested the anreement wi th Mr. Hopki ns coul d be rescinded. . � It was moved by Councilman Pleland, seconded by Councilman Hanks to ta�le the matter. The motion nassed 6-1 (Councilr�an Elstror� opposed). -322- .•-...� ;.�.»�"''" � ��tr, Co«ncil r'leting r�inutes pctober 5, 19R ��, Acc�ssibilit imnrovement � llb. llc. I�andicapped accessibitity improvement plan. . lt ��as moved by Counc�lman Meland, seconded by Councilman Hanks, that this matter be added to the October 26 study session agenda for discussion and al so referred to the Communi ty Rel ati ons Cor,uni ssi on for i ts i nput. The mation passed 7-0. Hinckley well NE�� QUS I PJESS Bid tabulation: liinckley well Councilman �lartin asked if this project could have been bid for less if it had not been for tlie time constraints innosed. The City P�1anaqer said it would be very little difference. It was moved by Councilman Hanks, seconded by Councilman Elstror�, to des i qnate Lane � P1i nnesota as the 1 oa�est respor�s i bl e bi dder and that staff I�e a��thori zPd to execu te an agreement vai t�� that fi rm i n the amount of h179,885 . The motic�n passed 7-�. Chanqe orcier: storm se��er C�uncilman Plartin ask�d two ni 1 inc�s to s�app�r� of construction. The Ci t.y Attorney sa i d that, shQ waul d check on Chanqe order tdo. �2 �oneyard property - Storm sewer repair, if the City hac� any recouinstalledratdthettime the storr� sewer not bei n� the Statute of Limit�tions this further. It was r�oved bv Coiinci lman anprove change order No. 2, The motion passed 7-0. Extension of variance had probably run, but "1eland, seconcled ny Councilman Backes, to Contract No• 174�. !•Ji 11 i am Mozey, �411 � Col oracio Extension of variance, Ave., said he was available n114 Colorado Ave. to answer any questions. . • uncil could take would �eeviouslynsl�n ThP City P1anager said an act�on.�� e 1Ssued to Mr• Mozey p of the resolutions gr.an t i n g varianc • n Martin, that the seconded bJ Counc�lm� It �ras moved by Caunci lr�an Han�s � reviously q�'arited to P4r. ��ozey effeci-,ive period of the var�ance p to January_ 5 , 1982. -323� be extended . Ci ty Counci 1 rr►eeti ng rni nutes Octoher 5, l��l 11d. lle. P�r. Mozey sai d thi s woul d In ansa�er to a question from CouncilmaCouncil�for its consideration. he-�ver� acce�table to him ancl thanked The moti�n passed 7-0• Irriqation equipmeni_ Bid tabulation: equipment, Wolfe Co�mci lman Hanks asi�.ed 4�ha�: wou1 d happen with ��►hich to irrigate.. Underground Park irrigation i f there was no 4vater next year It was moved by Councilnan Elstrom, seconded by Councilr�an Meland, to designate Sprinl;ler System Installations as.thethatefirmein�thebsumbofder and authorize staff to execute a contract w�th �7,6£3�. The motion passed �-1 (Councilr�an f�anks opposed). Playground eguipment Bid tabulation: Playground equipment, Wol fe Pari; It w�s r��ved by Counci lman El strom, seconded by Counci 1 man P�el and, to desiqnate Miracle Recreation Equi�ment Co. as the lowest responsible bidder and authorize the execution of a contract with that firm in the sun of $6 ,9�i8. The r�otion passed 7-0. llf. Proposed bond sale Councilman Hanks asked when the City Manager , and staff would be going to New York for the bond sale. The City Planaqer replied tarq,et date was around November 17. llf. � F It was r�oved by Councilman Hanks, seconded by Councilman Plartin, to accept the recomr�endations of staff's report with respect to the sale of general obligation temporary improvement �bonds in 1981. The motion passed 7-0. Lenox restrooms , Change order No. 2- Lenox restrooms Councilman Hanks asked who controls Lenox Community Center The Ci ty P�9ana�er repl i ed that the School Di stri ct owns the bui 1 di n� and will be resaonsible for thP repair of the leaking windows. Councilman Hanks said he would like some clarification as to the respon- sibilities for maintenance, upkeep and repairs as relates to Lenox. It was moved by Councilman E3aEkes, seconded by ch�nqe order P�Jo. 2, extending completion date 11, 19�i1 for remod�el i nc� of Lenox restroor�s . The motion passed 7-�. -324- �ouncilman Plartin, to approve of Project �l-6i to Dec�mber __�'-�-"-. �� ty Counci 1 mi�eti nc� mi nutes Octaher 5, 19n llh. Sunday liquor sale: ��SS estaurant Rv consent, ap�lication intoxicatin4 a public of Reiss' liquor. l�a. Dar�a_c�e claims 12b. Cor�imuni cations from the P�1a or 12c. Comr�unications from the Gity P1ana�er 13a. 13b. 13c. Set public hearing - Request for Sunday- sale intoxicating liquor: Reiss Restaurant hearing was scheduled for October 19, 1981 on the _ Restaurant for an licensQ for Sunday-sale of MISCELLANEOUS None. None. It was moved by Councilman Martin, seconded by Councilman Backes, that the proposed ordinance relatinc� to parking by permit be placed on the Council st,ud� session agenda for October 26, 1981 The Cit�� Manaqer reminded the Councilmembers 9�t 1:00 p.m. and that it was necessary to that same day to approve the sale. He said requi r.ed. ' � Ne com�ented tl�at Louisiana Ave. the remainder of the week while tracks are repai re�i. . of the bond sale on Decenber hold a special Council meetinq that six votes would be f rom Lake to Excelsior would be closed the rubber treads over the railroad ELI�I"1S, APPROPRIATIONS, CONTRACT PAYMENTS .. . It was mov�d by Councilman Backes, seconded VerT fi ed Cl a ims . by Counci l rnan P�el and, that the l i st of '' ' re ared by the Director of Finance and d�r214P846.29hfor verif�ed claims p p Citv Council dated Octobe r 5, 1981 in the beta� rovedtand the City P�anager vendor claims and $12,495.45 for payro11 PP • thorized to issue checks in the same amount by and City Treasurer be au a vote of 7-0. Contract payr�ents-Final_ Contract payments-Partial of the following partial.contract None. It was moved by Councilman paJ�ments' by Councilmaautharize Ralles, to 1. C�llins Electric Co:, traffi�c signal system, Amount: $13,157.50. 2. Kil Electric�, street lightinq� Contract lmer -325- Contract 1467• 1475. Amount: seconded payment $�2,420. � , City Caiinc:il n►��I.inq �nin��k.c�s (�c,t.c�linr' r . 1 �ltt1 concr��e� ,� , t;�ci�� C,c�rtis i kc;tj �,on t r�c� 1�78. rc��at.�c1 w all�y construction, concrete repair, Amount: $12,551.43. � . �dc�d l ��rlcl 11S5oC 1 �1 ��'a +�ra°�m1479er �,nc� w��terir�ain. Con reconstruction, sanitary sewer Amount: �31,339.45. 5. [�urv Fv Carl �on , ��vi ng, curb 8► g�atter, storm sewer. Contract No. � �6G. 11i�ioun� : $3?_ , 955. 09 . 6. P�orthwest; llsphal t, paviny, Ar.t��m�:: �97,797.?_0. curb and gutter. 7, �Jnrthwest 11s�ha1 �t, pavi ng, curb and gutter. �ma��nt: �104,5ii5.02. Thc mation passc�d 7�0. Contract 1473. Contract 1456. 13ci. Fxecu�ive Session The Council recessed for an executive sessi�n. After the executive session, Council returned to Council Chambers. �n. It v�as r�oved by (:ouncilman Rackes, seconded by Councilman Martin, *o direct staff to prepare a resolution for a special pe rmit to be con- sider�d at the Council's October 19 r�eeting. 7he motion nassed 6-1 (Councilman Meland opposed). Acl,iaurnment It was m�ved by Councilman Backes, seconded by Councilman P�lartin, to ad,i�urn the meetinq at 11:25. p.m. The vote vras 7-0. Attesti: ` Smith, Recording Secretary P P'hy11 �+ -326- McQuaid, Mayor