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HomeMy WebLinkAbout1981/04/06 - ADMIN - Minutes - City Council - Regular■�r 2. 3. 4. 5. Call to Order Presentations Roll Call r�ir�u-rEs CITY COU�JCIL n�EETISOTA ST. LOUIS PARK, ,�INNE April 6, 1981 . • . A reQular meeting of the City Council was called to order by Mayor �1cQuaid at 7:30 p.m� None. The fol l owi ng Counci 1 members ��ere present at roll call: Ronald Backes �1artha E1 strom Lyle Hanks Councilman Martin arrived at 7:35 p.n. Kei th P1e1 and John Ral l es Phyl l is P�cQuaid l�l so present were the Ci ty P�lanac�er, the Ci ty Attorney, Ci ty Devel opment Director, Director of Public lJorks, City En�ineer and the City Assessor. Approval of Minutes held March 14, 19II1 as presented. It was r�oved by Counci 1 man E1 strom, sec- onded by Counci 1 man �•1el and, to approve the minutes of the Council study session Ti�e r�oti on passed 6-0-1 ( Counci 1 man R�11 es abstai ned ). It was moved by Councilman Backes, seconded by Councilman Elstrom, to approve the mi nutes of the rec�!�1 ar Ci ty Counci 1 meeti ng hel d Plarch 16, 1981 as presented. The r�otion passed 6-0-1 (Councilman It was moved by Councilman �leland, approve the minutes of the Council presented. The motion passed 6-0-1 Approval of Ac,enda as presented. The motion passe�i 7-0. (Councilman Ra11es abstained). seconded by Counci 1 man Bac kes , to study session held March 23, 1981 as Ralles abstained). It �,ras r►ioved by Councilr�an tleland, sec� onded by Councilman Ralles, to approve the consent agenda for April 6, 19�31 It was moved by Counci 1 r�an Ral 1 es , seconded by Counci 1 man E1 strom, to approve the aqend� for April 6, 1981 as presented. It was movecl by Councilman Hanks, seconcled by Counc�lman t�leland, to re�`�e Item 6h, Application of American Legion Post ido. 2�2 for zoning reclass�� _92_ ► City Council meetinq minutes April 6, 19II1 fication, and place it on the April 20, 1981 Council aqenda. Councilman E'anks indicated that this was at the request of the applicant. The amendment to the main motion passed 7-0. The r�otion to approve the agenda as amended passed 7-0. 6a� Li�uor license a Li quor Ki nc� 4057 Highway 25, 1931. There beinq closed ��iith future date. PUBLIC NEARINGS lication: • 7 as described in Application of GAPJ Enternrises, dba Liquor Kinc�, for an off-sale intoxicating liquor license for property located at P�otice of Hearing published March 18 and no one wishinq �to speak, the ��ayor declared the hearing the riaht of Council to reopen and continue the hearinq at a It was moved by Councilman Hanks, seconded by Councilman the application of GAN Enterprises, Inc. for an off-sale license at 4057 Hiqhway 7. The motion passed 6-0-1 (Councilman Ralles abstained). 6b. Shamrock 2nd addition �1artin, to approve intoxicating liquor Proposed preliminary plat of Shamrock 2nd Addition as described in ^lotice of Hearing published ��1arch 4, 1981 (de- ferred from f1arch 16). The Director of Public Wo rks reviewed the discussions held at the most recent public r�eeting and outlined the issues deve1opeci by the neighbor- ho�d. The Director addressed the issues related to drainagelprohandlednand the area and state�i that these probl er�s coul d be sati sfactor ly that final plans for solving the drainaqe problems would be presented at the time the final plat for the development comes before the Council. ' the Director of Public In response to a question from Councilman t�lartin, !-lorks stated that poor soils in the area had canade uatelinq which re- sul ted i n r�aki nc1 the ori ginal drainage system q In response r�a n Ma rt i n final plans to a question from Jerry Jacobsen, 2620 Zarthan Ave., Council- stated there wo�ald be another neic�hborho�esentednatathathtime. related to the dra�naqe would also be � Don Robi tz , 5901 would be possible development would W. 25� St., expressed Goncern about eharears�nce�thetnew to solve the drainage problem in th cause additional pressure on the soils. There beina no one further wishinq to speak, the P�ayor declared the hearing _93_ F � � ��, Cit,y Council April 6, 1981 meetinq minutes closed with the right of Council at a future date. to reopen the hearing and continue it It v��as moved by Counci 1 man P�arti n, secondeci by Counc i 1 man Bac kes , to approve the preliminar�� plat of Shamrock 2nd Addition. The r�otion passed 7-0. 6c. Improvement hearin�: Project g1-02; Improvement No. 81-02 to construct Resolut�on No. 6793 and install paving, curb � c�utters, . d r i v e w a y a prons and bo ulevard l a n d- scaping on Division St. 650 feet 4vest from Texas Ave. So, and Texas Ave, So, from Niqhway 7 to the intersection of W. Lake St. as described in Plotice of Hearing published March 25 and �1pri1 l, 1981. Councilmen Hanks and El strom 1 eft tf�e Co�anci 1 chambers at 8:00 p.m. Larry Ki rchner, 3750 Texas Ave. , spoke i n favor of the improvement proj- ect and stated ihat he hoped the assessment hearings will be held as an- nounced in the fall of 1982. He also expressed the hope that staff �vould work with him to resolve certain problems particular to his property. Councilr�an tlelancl stated that the assessment hearing would be held at the j,, com�letion of the construction process. �'i The �irector of Public Works stated that he had been ' contacted by the C�ty of Hopkins and that they were not in favor of the cul�de-sac and grade �.,� chanctes anci that Ci t.v staff had no probl em tNi th del eti ng these i tems . He also stated that he was informed that Hopkins residents are generally i n favor of thi s pro� ect. There being no one further wishinn to speak, the P1a�vor declared the hear- inq closed with the riqht of the Council thereafter to reopen the hearinq and continue it to a future date. It a�as raoved b,y Councilman �leland, seconded wa i ve read� nct and adopt Resol uti on �•�o . 6793 improvem�nt, orderina preparation of plans, .for bi ds, Ir�prover.�ent �lo. �1-02. " It was moved by Counc i 1 r�an �1e1 and ciefer until later in the meetinq.� The r�otion passed 5-0 (Councilmen by Councilman Ralles to enti tl ed, "Resol uti on orderi ng and authorizing advertisement seconded by Councilman Backes, to hanks and Elstrom not At �:10 p.m. Councilman Elstrom returned to the that time the Council approved the rr�tion by a 6d. Variance a lication: Anita Neison, 1 alem; Resol ut�on tdo. 6794 Council 6-0 vote. present). char,�bers. At A�plication of Anita Diane Nelson for a vari �nce at 4� 21 Sal em �ve. So. to per�'�t a�ara�e wi th a rear yar�i covera�e of • 2�4 i nstead of 25 for property i n t�� R-2, Sinc�le �am��y district, as desc�'�ae�` -94- ► ; � 1 City Corincil r�eetinn minutes Apri 1 6, 1981 in Notice of Nearing published t�larch 25, 1931. There beinq no one wishing to speak, the Mayor declared the public hear- inq closed with the right of Council to thereafter reopen the hearing and continue it to a future date. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6794 entitled, "A Resolution �rantin4 variance in rear yard coveraqe from Section 14-108 of the Ordinance Code relating to zoninq to permit a qarage with a rear yard coveraqe of .234 instead of .25 for property in the R-2 single family district at 4121 Salem Ave. So." The motion passed 6-0 (Councilman Hanks not present). 6e. Variance a lication: Orlin TenCate, 383 Glenhurst Reso ution No. 6795 Application of Orlin L. TenCate for a variance at 2831 Glenhurst Ave. So. to permit construction of a two- car garaae with a side yard setback of 4 ft. and a front yard setback of 38 ft. instead of the required 7 ft. and average setback for property in the R-1 sinale family district as described in Notice of Hearing published �larch 25, 1981. �1r. TenCate, 3831 Glenhurst Ave., pointed out that there had been other variances similar to his request granted in the adjacent neighborhoods. There being no one further wishing to speak, the Mayor closed the hearing with the riqht of Council to thereafter reopen the hearins and continue it at a future date. It was r�oved by Councilman Martin, �+�eco6d95 entitled,1mAnresolution� �,raive reading and adopt Resolution qrantinc� variance in a side yard setback of 4 ft.�instead of the required 6 ft. and front yard setback of 38 ft. instead of the required 50 ft. from Section 14-123(5) and Section 14-198(4)(!1) of the Ordinance Code relatinq to zoning to permit constructi-on of a two-car garage in the F;-1 sinqle family district located at 3821 Glenhurst Ave. So." The motion present). passed 5-1 (Councilman Backes opposed; Councilman Hanks not 6f. Easement vacation: Knol 1 wood Ma 1 Request of Minnesota Teachers Realty Corp. to vacate certain utility ease- ments in and adjacent to Knol.lwood P1al 1� 1 ocated at 8332 H i qh�vay 7 as describe� in ��otice of Hearing pub; lished March 25, 1981. There being no one wishing to speak, the Mayor declared the hearing -�5- . � �� c; �y c�«►,�; � April 6, 19�1 mee�in� m�nu�C� cl�sed with continue it It w�s moved waive first 2�, 19�1. the ri qh�: of Counc i 1 to thereafter reopen the heari ng and at a fiuturP date. b,y Counci 1 man Marti n, seconded by Counci 1 man Backes, �o readinn of the ordinance and set second readinq for April The motian �assed 6--0 (Councilman Nanks not present). 6�. Easement vacation: Slielarcl Companies also known as 435 Ford Road as March 25, 1981. Request of Shel ard Compani es to vacate a public utility and draina�e easer�ent on the southerly and westerly lines of Lot 1, B1 ock 7 of Shel ard Park, �iescri bed i n �aoti ce of Heari nq publ i shed There being no one wishina to speak, the ��a.yor declared the hearing closed with the ri�ht of Co�incil to thereafter reopen the hearing and continue it to a future date. It �►�as moved waive first 20, 1981. by Co�ancilman Ralles, seconded by Councilman Flstrom, to reading of the ordinance and set second readin� for Aprii The moti�n passed 5-0-T (Councilman Backes abstained; Councilman Hanks not present). �� 6h. Zonih reclassification; American Le�ion osi „23 6i . Improvement hearinq, Project 81-05; Resolution PJo. 6796 Lyle Olofson, the traffic on He su��ested a Iter� conti nued to �ipri 1 2�J, 1981 ( see Ac�enda I tem 5a ) Im�rover�ent project No. 81-05: Dakota Ave. So. from Minnetonka to W. 27th St. 2712 Dakota Ave., stated that somethin� had to be done about 27th St. resultinc� from activity in the City park nearby. stop siqn be �1 aced to reduce the speedi nc� probl ems. �1a,yor P�c�uaid stated that normally after an improvement project, the Enqineerina Department conducts a traffic studv to traffic re�uiations in the improvement - assess the needs for project area. Erna Sr�ith, 29�3 Dakota Ave. So., �resente� a petition to the Councii from the nelahborhood which stated that 27 residents did no wan the street widened from its present size, 3 residents who were in favor of 32-f�ot width street and 16 who were in favor of a 36-f ' he stated that residents who are oppaSe� to W��enin the Soot w�dth. h�t speedinq problems Mlou1d an1y �ncrease with a wider str t@et felt t eet. She a�so supporte�i parkinv on one si�ie of the street F'Irs. Tedv, 274� D�kota Ave. So., saici there was a ne at 27th �ve. and expresse�i r_oncern aho�jt the ex e� for She was informed by st,aff that there is t�'nsi�n of presently no p1an -9G- a stop Dakota for tMe si�n Ave. ex- f� � � Ci ty Counci 1 meeti nc� minutes Aprii 6, 1981 6j. t�nsion of Dakota Ave. In response to c�uestions Enc� i neer expl a i ned that indicated a drop in the prover�ent project. from Mr. Ze�yda, 2705 Dakota Ave., the City traffic studies over the last three years have traffic volumes in the area to be affected by the im- �trs. Nill, 2936 Dakota Ave., expressed a concern about whether or not a�iequate accorrx�odations woul� be r�ade for her retaininq wall. The City Enqineer assur�d her that the City would make every effort to avoid tal;i n� the retai ninct wal l and .i f the wal 1 was to be r:�oved, the Ci ty woul d replace it at no cost to the resident. Bernard Fialler, Z?16 Dakota Ave., spoke in favor of the 36-foot wide street. There being no one further wishinc� to speal:, the t�layor� declared the hearinq closed v�itl� the riqht thereafter of Council to reopen the hear- inc� and continue it to a later date. Councilman Elstrom wanted to make the residents aware that without a 3G-foot wide street, parl;ing t�rould have to be restricted on at least one side of the street. She also indicated that state aid fundin� for the street requires a width of at least 32 feet. � It was moved by Co�ncilman Ralles, seconded by Councilman Meland, io waive readinq and adopt Resolution 6796 entitled, "Resolution ordering ir�nrovement, ordering preparation of plans and authorizing adve�rtisement for bids, Improvement hlo. �1-05" including assurances that ttrs. Hiil's retaining wall viould be replaced at no cost to her if necessary. The r�otion passed 6-0. (Councilman Hanks not present). Im - ---i V_...,,:..... .,. :,.. .....� --- Pro.iect Ir�provement hearina, Project P1o. �1-Ol: Colorado and Dakota Aves. from 4J. 16th St. to Cedar Lake Rd. and I�l . 1�th St. fro� Dakota Ave. to Colorado Ave. � In response to a question from Fl orence Cor�fort, 1812 Colorado Ave. Pao. , the City Enqineer stated that removal of parkinc� restrictions in the area followin� the improvement pro�ect could ca�us�e�su� be°done follov�- that a cor�pl ete traffi c study of tf�e pro�ect a inc� completion of the project. The resident at 1645��.�akotaWA�h'City� the opportunity to explore 13th St. Budig, expressed a desire to have staff the possibility of vacatinc� C�ouncilman Hanks arrived at 8:�5 R•�• The Ci tv Devel opr�ent Q� rector expl ai ned �he prc�cess City streets. , . -�7- for vaca�tion of � City Council meeting minutes April 6, 1981 tlayor F1c�uaid s�ated �:hat shP felt it was proper to c�o ahead with the ' rovement pro,iect and deal with the vacation issue at the same time, �mp The resident at 1645 Dakota Ave. sideration of the project until to explore the vacation opti�n. rec�uested that the Council defer con- the residents have had the opportunity There bei��q no one fur�;f�er wishing to speak in� r�►itl� the ri�ht of Council to thereafter hearinc� at a future date. the P1ayor cl osed the hear- reopen and continue the Counci lman Ral 1 es sta�ted that �Coi�nci 1 shoul d approve the pro,ject and at the same time, have the residents pursue the vacation issue. It was moved by �ouncilman Ralles, seconded by Councilman Meland, to �vai ve reaclin�; and adopt Resol ution PJo. 6797 enti tl ed "Resol ution or- derina improver�ent, orderin� preparatz�n of plans and authorizing adverti sement f�r hi ds , Improver�ent PJo. 81-�1'_' , and authorize staff to hold another meeting. The motion passe� 7-0. 6k. Inbrover�ent hearin 31- 3: Resolution Froject Imorovement hearing, Project 81-13: . 6798 ��lestwood Hills Curve west of West- wood Hills Drive as described in Notice of Hearing publishe� March 25 and April l, 1981. Ri 11 Wi 1 son, 82�7 l�fest�Nood Hi 11 s Curve stated there was some concern „�,� amona the residents of the street about the proposed improver�ent and that he hoped Counci 1 woul d ta ke the res i�lents' peti ti on i nto consi d- era�ion with rAc�ard to the design of the curbing, removal of trees and resurfaci�c,. He said h� wanted ta commend the Engineering Depart- ment on its c�nperation and availability to answer their questions. Kenneth Sie�f�-ip�, g26g Westwood Nills Curve, stated his concerns re- �arding the d�sign of the curh. There bei�a �� one further wishing to speak, the PRa or decl hearino cl�s:•J with the ripht of Cauncil to there y ared the i t at a 1�;�r date, a fter reopen and cont i nue In answer t� � question from Coi�nci�lr�an of curb the r�sidents desire is called t-leland, the City diSh type curh_ Enqi neer sai d the str councilr�an �'�►,Ls said he felt the neiahborhoocl miaht in request;►�� }hat sty1e o� cur� as he was avia be makinq a mistake who r�ere i�nF�;,; ay Wit� the �tish style curb as ire of other neiqhborhoods runn i nc� up n� thP ] awns, t does not keep cars f rom In ansv�er �; i�uestion from Counciiman _g ;_ Qackes, �h� City Engineer sa�d t� � �it� CaunCil �eetin� Minutes Apri 1 b, 14�1 7a . 7 t� , he d i�i not see any dra i naQe probl ems wi th ti�e di sh styl e cur�b. It was r.�oved by Councilr.�an Ralles, seconded by Councilman Meland, to waive reac�inq and adopi Resolution No. 679� entitled, "Resolution orderinn i�nprover�ent, orderinc� preparation of plans and authorizin� advertise�ent for bi�is, Improvement No. 81-13." The motion passed 7-0. Party i n the Park PETITIONS, REQUESTS, CONg1UNICATIONS Party in the Park. Jir� (',hode5 reviewed the 1980 Party in the Park. He said Council's fin- ancial assistance woulci help to defray the costs of running the carnival rides v�hich were �uite expensive in 1980. Mayor t•1c�uaid said that it would be appropriate to use Cable TV fran- chise monies for this purpose. It was r�oved by Councilman Ralles, seconded by Councilman Meland, to appropriate �1,500 from Cable franchise funds to the Party in the Park. Councilman Backes expressed concern that each year an increased amount woulci be requested and suggested allocating a lower amount for this year. P1r. Rhodes said if they are able to reserve more carnival rides, the event will attract more business. Ptavor P1c�uaid said r�any business people had asked her if Council was Qoina to support the celebration anci said she felt there was going to be a goocl turnou� from the business community. Councilr�an I�anks asked if there was Cable TU monies were used. any breakdown available of how the The City Manager said only as shown in the budget. It was moved by Councilman Hanl;s, seconded by Councilman Backes, to defer the matter until April 20 to allow staff time to report back on the availability of Cable TV monies for the purpose of supporting the Party in the Park celebration. The motion passed 6-1 (Mayor P1c�uaici opposed). Councilman Elstrom s��clqested the Party in the Park committee might wish to maE:e a request at the time of Council's budget deliberations in the future. Jose's Restaurant Re�uest for Cinco DeP1a.yo festival. 7he �ity �1ar�a�er said he had sever�l concerns about�tnoise�Uwhat tylpelof potential residential complaints about �he music and , -9�- - __ _ �-_ _. _� �� Cit.y Cnunc�l meetinn minutes Ant-il (�, ln�l pol icir.o of th? ev�nt �yas defi ni tel.v t.o tiP deni ed. Councilman Rall�s s�id he reau�s � for ri ►'�W�rks was ende�± �t 10: �� n.m. p1 anned and �that the request for fireworks was hacl spoken to the proprietors and that their not imperative and that the music would be It was �^oVe�i hv C�uncilna.r �lartin, second�d ay Councilman Backes, to apnr�ve ihe rP�uesi of Jo;p's Resta�.�rant to hold a �1ay festival P�1ay 5-9 wi t!� thp fol 1�wi nq con� � ti ons : The r�«s i c to be ended at 11, 30 p. m. , no fi rewor k s t o � e a i 1�; t� � � r i, a n c� t h� t t h e r e s t a u r a n t v�i 11 �rork cl osei y with Ci�y st�ff ►�eaard�ng the policinq o f t he even t. The �+oti�n passe� ?-0. RESOLUTI4��S AND ORDINANCES P�, Definition �f a mir�or Councilman Martin s�i�± hP would inance inclu�e a :iefinit�on of 1 i�uor. It was moved waive first 20, 19P1 . Ordinance defining "M�nor" in relation to liquor establishments. reouest the second readi nc� of the ord- minors workin� in establishments serving by Co�:ncilman P�eland, sec�nded by Councilman Ralles, to reacf i na nf +h� orc�i n�nce and set secon� readi ng for Apri 1 ....r� The r�otion passe�i 7-0. 8b. Clickel s � Dir,.es; ReS01 UL� Ort f 10 . 6i n9 Resolution �f Maynr !'c�ua i d po i n+ed our t hree r�i nor correcti ons Fi ndi ngs : �Ji ckel s 8� Dimes. in the resolution. It was moved bv Councilr:�an �leiar�d seconded by Councilman �ackes, to waive , re�ding an�i adopt �es�lution tdo. 6?g9 entitled "Resoiution of findings re�ar�iin� the appl icati�n� for � b��ildin� permit ancJ a special permit of PJickels and D�me�, Incc�r^.orated." The rntinn passe� 6-l. (Covncilr.�an t1artin opposed). �c. Set��ri ti es fer c�i 1�ter�i ; RPS� ut 10� �j0 . 5h��;; It was rx�ved b�i C�unc i 1 nan �tel an� waive readinc� an� a�in�,t Pe�nlution provin� sP��iritip, for r.ollatPr�1 t�tN , " The rx�tion passed 7-�, Pesolution collateral of Erlin�, approvinc� securities for from Ar�eri cana State Bank Edina, �1N, seconde�i by Councilman Elstrom, to �1�• 68�0 entitled, "Resolution ap- from Americana State Ba�k of Edina, Edrna' --1 nn_ � ; �ity Co��ncil r�eetin� minutes April 6, 1981 Sd. Resolutians orderin� �r� rovEments: eso ution los. 6801 , 6802 It was moved by Councilman t1eland, waive reading and adopt Resolution improver►ent, ordering preparation for bids, Improvement No. 79-02." The riotion passed 7-0. P,esolutions orderinq improvement projects ��lo. 79-02, 80-09, 81-15. seconded by Councilman P1artin, to ��o. 6801 entitied, "Resolution ordering of plans, and authorizing advertisement It was moved by Councilman Pleland, secon�ed by Councilman Ralles, to waive reaciinq and adopt Resolution ��o. 6802 entitled, "Resolution ord- erinc� improvement, orderinq preparation of plans, and authorizing adver- tisement for bids, Improvement No. 80-09." The mo�ion passed 7-0. It v�as moved by Councilman Ralles, seconded waive readincl and adopt Resolution tdo. 6803 improvement, orderina preparation of nlans, for bids, Improvement P1o. 81-15." The motion passed 7-0. by Councilman P�1artin, to entitled, "Resolution ordering and authorizing advertisement 8e. S ecial assessrnent interest rate Interest rate of special assessments. Reso ution �lo. 6 04 In answer to a question, the City Manager said the interest rate would ap�ly to contracts cor,�mencing in 1�81. It was moved by Councilr�an Ra11es, seconded by Councilman ��artin, waive readinq and adopt Resolution No. 6804 entitled, "Resolution polic� for interest rate on special assessments." The motion passed 7-0. to stating 3f. Park Tavern; Park Tavern & Bowling Alley - Landscape Resolution PJo. 6805 r�odifications. Counc i� man E1 stror� as ked i f Boston i vy nrows i n ��i nnesota as i ndi cated on staff's report. The Director of Planninc� said the word "Boston" could be striken as any suitable type of ivy is what will be planted. It was moved by Counci lman E1 strom, seconde� �Y1�� ��ci 1�Aa�es�o1 ut�ontamending wa i ve read� ng and adopt Reso1 uti on PJo G805 ent, � , . . R olutions ��los. 6713, 6625, 6547, 7429 and 6ermitrconstruptiontofnaeClass es Section 14�12�.101 of the Ordinance Cocle o p lin �lley lacated �n Lot 1, Block �� �a�entrDistricte' also I restaurant/bow h known as 3401 I�oui s iana �lvenu� i n a Pl anned Uni t Deve op Th� motion passed 7-�• wini_ � -_ � e � � Ci ty Co�mc i 1 meeti nri mi nui;es . Aprjl 6, 19�1 REPORiS � OF OFrICEftS B0�1RDS ga, Refuse collection� Condo� n � ut'�s COMMITTEES Refuse collection - condominiums, Counc7�mar� 12alles requestecl that �the same consideraed�n bursem�ni:s be qi ven to commerc i al proper� � es next y regarding reim- I� was maved by Counci lman f�al 1 es, seconcied by Counci 1 man P1artin, to authori ze s�aff to rei mburse each concom7 n7 um owner .�'v31.1 � for the year 19�1. The motion passed 7�0. 9b. Traffic Stud� No. 261 Traffic Study No. from Quentin Ave. munit;,y Center 261: Cedar Lake Rd. to the Jewish Com- • Councilman Qackes sa�d it was his un�lerstandin� parking was to be allowed �'"�'��1 on the north side and restricted on tl�e south side of the street, the reverse of sl:aff's report. ��� � It �vas moved by Counci li�an Qackes, seconded by Counci 1 man ��el and, to defer this item to April 20, and that he wi11 work with staff to clarify ��hich is correct. The motion passecl 6-1 (Councilman 9c. Al 1 ey ir�provement : Uti ca between 41st & 42nd Sts. Hanks opposed). Prel ir�inary engineerinc� report: A11ey improvement west of Utica Ave. between �lst and 42nd Streets. Councilr�an Qackes asked stafif to check to see if this alley was not to be put into similar condition after the rlinnesota Highway Department work was conpleted on Exce�sior Blvd. Councilman Martin asked why the state could not be assessed .for this improvement. The Director of Public Works said it was the City's policy to absorb a percenta�e of the assessment, in this case 50%, when the property abutted the state transportation right-of-way. It was moved by Counci 1 man "1e1 and sec�ncied by Counci 1 man i�larti n, to set the publ ic hearinc� on the proposed improvement for r'lay 4, 1981. The motion passe�i 7-0. 9d. Traffic Study No. 260; Resoiution �lo. 6306 Traffic Study �Jo. 260: P�aryl and Ave. north of Minnetonka Blvd. It was r�oved by Councilman �leland, seconcied by Councilman Hanks to waive readin� and adopt ?esolution No. 6806 entitlecl, "Resolution authorizing the placement of traffic control sians and requlator land y parkin� on t�lary -102- �,r.,�"�.- CitY Council April G, 1981 meetinq minUtes Avenue north of ��linnetonka alvd, and amendina Resolution No. 3037." The motion passed �-0. gc, Niqhwa� 100/W. 36th St. desi�n report Niqt�avay 100/W. 36th St. desiqn report. Councilman �lartin asked about lost parking spaces due to tl�e proposed realiqnment desiqn. The Director cating where lost because spaces. of Public IJorks displayed an overhead transparency indi- various parkinQ spaces were pl anned to r�ake up for those of the desipn. He said there would actually be a c�ain in Councilman P1artin asked where in the range of �0-�15 million the City miqht expect funds fro� the State. The Ci.ty t1anac�er repl i ed that that range v�as used because at thi s poi nt there is no way of knowing how much fundinq will be from the State. Councilman Hanks said he would appreci�ate s�eing Aldersqate Church with. the correct name, that is Aldersgate United Plethodist, not Lutheran. It was moved bv Councilman a�prove the Yosemite Avenue as shown on staff's report. The motion passed 7-0. 9f. Prelimin�r en ineerinq Walker west of La e St. St. north of Hiahway t�lartin, seconded bv Councilman P�eland to ramp alignment with local street revisions �re o rt: Preliminary engineLake�Streettno�rthkof ` west of Lake St., Highway 7. It was moved by Co�ancilman Meland, seconded set the public hearing on this improvement The motion passed 7-0. 9q. Conoco: Request for Resolution No. 6807 by Councilman Elstrom, to project for P�1ay �, 1981. Request of Conoco, Inc. for an amendment amendement; roved special permit. to an app moved b Councilman P�leland, seconded by CouncilmAnresolution� It was Y wai ve readi nct and aclopt Resol uti on i�� • 680� teundereSecti on 6-122 .15 amendi nc� Resol uti on �Jo. 5352 granti nc� perm (14-150(3)(a)) of the Zoning Ordinance to modify an existinLake�St,fuel i n at roperty located in the �-Z D�strict at 5600 W. stat o p The motion passed 7-0• �-103- City Council rieetinq minu�es April 6, 1981 gh, Shel ard : R����pendment Resol uiion �J�. 6��� Re�uesi: of She1 �rd Cornpani es to amend the approved special permit to permit cons�truction of a 10-story office building in Shelard Park. It �va s moved by C�unc i 1 r�an Ral i es , seconded by Counc i 1 r�an tlel and, to wai ve rea d i na an d a d o� t R e s o l u i i o n � � o . 6� 0 3 e n t i t l e�� onArJoeS66331and amendinn Resolution No. 6767 wh�ch rescinded Resolut all previous special permit resol �lt�ons for Shel ard Park and qranting permit �ander Sectic,n 14-159(1 } and 14-195(3) of the Zoninq Ordinance to permit a commerciai and a resiclenti�l development for property 1 ocated i n ihe B-2 Genera 1 Bus i ness Di stri c�t and R-B Res i cienti al Busi ness Di stri ct i n Shel ard Par[c. " The motion passed 5-1 (Councilman Backes abstained). 9i . Prel ir�i nary enni neeri ng Prel i mi nary engi neeri nq report : Street report : 1�1. 38th F� 3��.h Sts . 1 i qhti ng, Gl. 38th i� 39th Streets, P�ontere.y Dri ve to Park Center Bl vd. Councilman Martin ask�d how this project was initiated. The City �1anager said it was part of the Capital Improvement Program. lJith reference to the assessment for the improvement, Councilman Hanks cor.�nented that the pro j ect area was basi ca11 v commerci al i n nature. �1ayor P1cQuaid saici tha�t there is a municipal parkinq 1ot on West ��'"'�"`� 3�th Street. The Ci ty P•1anaaer sai d ihai wi th reqard to tl�e assessments for th� s project, commerc�al establishments havinc� parking spaces assiqned in the r�unicipal parking loi should be assessed for the street li�htinq. It was moved by Councilman Hanks, seconded by Courtcilman B�ckes, to set the public h?aring on this improvement for P•1ay 4. The motion passe�i 7-0. It was further moved by Co��ncilman Martin, seconded by Councilman Nanks, to set P1ay 4 for the publ ic i�earing with rec�ard to assessinq establ isl�ents havi nc� parki ncr spaces ass i gned 3 n the r�un i ci pal parki nq 1 ot for the sireeL lighiing improvements alongside th? par�Cing lot, The motion passed 7-0, �j, Preliminary enoineerinq re Montere from `xr_el s i or to Belt ine B vd. rt; Prel�minary engineerin� report: liahtina, ��Onterey Dri ve, Sel tl i ne tv Excel s ior Bl vd. It was moved by Cor�nc i 1 man Nanks , secon�led b,y �o����> >,�n Ei s trom to set the pubi i c hea ri nQ on thi s�ro j ec t fo r llay �, 1 gg� . ' The motion passe�i 7-0. -104- 0 � �„ - _..._-.�-- C i ty Counc i l r.�eeti n� mi nutes April 6, 1981 gk, Vir�inia Avenue Virc�inia Avenue bridge and Virginia Avenue traffic signal. Councilman Ralles said he would like to serve as the Council represen- tative to the neiQhborhood meetinq on the traffic signal. 91, 9m 9n. Councilman tlartin as ked who would be choosing the neiqhborhood rep- resentatives fo r the various meetings. �layor ticQuaid responded that would be up to the ne�ghborhoods. It was moved by Councilman Ralles, seconded by Councilman �1eland, to take the following action: (1) Two neighborhood corrn�ittees should be established: One to review the desiqn characteristics for the Virginia Avenue railroad bridge overpass; and one to review the traffic control situation on Cedar Lake Road at Virginia and Texas Avenues; and (2) That Strgar-Roscoe, Inc., engineering firm, should be retained to prepare preliminary engineering plans and cost estimates for the Virc�inia Avenue railroad overpass, design costs not to exceed $15,000. The motion passed 7-0. Preliminary Pro.iects 8 - enc�ineerin re rt: Prelir�inary engineering report. Side- walk construction (81-03), Princeton and Ouentin, Wooddale to 41st Street; and (II1�04) 41st St. Quentin to Salem. Councilman Hanks commented it v�as not the consistent policy of Council to assess 100� aqainst abutting properties to finance sidewalk con- striaction and that he would ask staff to reLakeCRaadeandef�linnetonkassment formula for sidewalk construction on Cedar Blvd. and report back to Council. It was moved b,y Councilman Hanks, seconded by Councilman E1strom, to set the hearinq on these pro�ects for P1ay 4. The motion passed 7-0• Excelsior Blvd. traffic st It was moved by Councilman authorize further action to report and that t��e 7tem be session. The motion passed 7-0. 90. �•1i nutes of Parks & Rec Advisory Commiss�on Excelsior Blvd. traffic stuc�y. Hanks, seconded by Coep�atmon ofiltaffto implement the recomm included as part of Council's next study The mi nutes of the Parks 1 nn�1��idrMarchn lldvisory Comm�ssion meet � 11, 1981 were ordered filed by consent. i nti_ � City Council meetin� minutes April 6, 1981 gp, Roard of Zoninh 1� eals 9q. �r. 9s. 9t. 9u. 9v. 1 l,f� • pl�nninc� Commission Housinq �� ��eCl�v�loprnen�; Co��munitY REl�l:ioi�s Charter Commi s s i nn Human Ri h� ts Glenh�irst Place T�1e mi nu'�es o�i �the Board oa Zo26ng �ppeal s m��t�n� hel d Fe�'bu consen�:. � gg� were ordered fi 1 ed y 1"he m7 n�.��eS ��F rch in,�� ��i n� hel d 11a �f i 1 ed b� consFnl; . f�l ann� nq 18, 19�1 Commission were ordered Tf» i�iin��tes of the Hlousinq a�ndrRedivelop- men1: 11ui;l�or� ty meeti ng hel d 1a h 7, 1g�1 were or�1ered filed by consen�. The r�i�i r��a Les o f�h� Commun i fi,ch Cr�irinii � �ion mFet7n� held Mar orderef� filed by consent. The m i nut�.es o� tl��e meet i nc� hel �i P�arch filed hy consent. Charter 17 were Relations �2 were Commission ordered The minutes of �he Human Rights Com- miss�ion mee�;inn held P�arch 18 were orderecl fi 1 ed by consent. Glenhurst Place. Counci 1 man Ral 1 es askecl why the al 1 ey cou� � not be bl acktopped instead of usi ng concrete as sp�c i fi ed i n tf�e Ci �ty Manac��r' s report. The Ci ty ��anaqer rep1 i ed that asphal �t wi 11 not hc�l d an edc�e and ha�s the bes� sol u�:ion woul ci be to aspl�al t the al 1 ey i tsel f and concrete edqing. � It u�ras moved by Counci 1 man direct staff to prepare an to Council alternat�ves for The motion passed 7-0. f3oards and Cairnni ssi ons that per- construct Backes, seconded hy Co��nci1 man E1 strom, to enc�i neeri nq feas i bi 1 i ty report and present assessment formu1as. UNFIPJISHED BUSI!dESS A�pointments to Qoards and Commissions. It was moved by Ce�.�nci 1 man P-larti n, seconded by Counci 1 man Ral l es, that Ernest Fraenl%el be reappointed to the Qoard of Zoninq AppPals. �111ey vaca�ion All�y vacation. It was moved h.y Co«ncilman P�lartin, seconded by Councilman Elstrom to waive first readinn of ordinance and set second reading ��or April Z0, 19f31. The motion passe� b--i (Councilman aackes opposed). , �; t � Counc i 1 meet i r�Q mi nutes ,��,t•i 1 f�, 19R1 Tp�, Enerqy maxi-audits Change Order fdo. 1- Time extension for energy maxi-audits. It was moved by Councilman P�lartin, seconded b_y Councilr�an P,alles, to anprove Cl�anqe Order No. 1, Contract t�o. 1430, extending completion date of the aqreement to June 10, 1981. The motion passed 7-0. lOd. Chanqe Orcier P1o. 6: lJestwoo H� 1 s 10e. lOf. ChanQe Order No. 6: i�lestwood Hills. It v�as moved hv Councilman Hanks, seconded by Co�ancilman Ralles, to ap- prove Chancte Order PJo. 6, Contract �lo. 1361 ,�rhich deducts �930 from the contract with Qud Johnson Construction, adjustinq the total contract amount to �248,525.00. The r�otion passed 7-0. P�-M Develoament �1-�1 Devel opmen�: Company. Councilman Hanks said that in order for this project to proceed in an orderlv manner, he would r�ove that the developer work with staff in develoninc� plans to construct a road and install utilities to the City's satisf�ction and thereafter a permit be obtained for the buildinn� con- struction. The mation passed 7-0. Charter Commission Charter Commission. t�ayor P1c(luaid said she }�ad the nar�es of ti�ree individuals interested in servin� on the Charter Commission and that one additional application, from Ho�vard Buska, was also to be considered. Councilman Martin asked if Charles Bastis was one of those people. The Ci ty P1anaaer sai d that �1r. Bastis had al r�adhatythes 1 e�tters hensentst in being reap�ointed directly to the �udge an to the City P�anaqer was a follo�v-up to tf�at. In ans�,�er to a q uestion, the City Attorney said it would be appropriate n il to have a motion or a resolution supportong�`e°�hartervComa s for Cou c Council feels to be appropriate candidates to serve mission. � ' sai d that even thoucll�, he fel t the handi l nor tf�ehComhol e Councilman �1artin matter was not in the best interests of or�resolutionun mission, h� would support such a mot�on ht Councilman Elstrom, t a It was moved hy Councilman Backess interes�edyin servinc1 on the Charter the fol 1 owi n� naries of i ndi vi ��ual . James A. Jof�nson, Comr�ission be forwarded to the judge• Clmer Kopp,� -107- �. � A P � � ' � City Council meetinc� minutes April 6, 19�1 Richarci Sheidler and Howard Ruska. the sta�us of the bi11 Councilman Elstrom asked about �uaid asked if the Minnesota Leaque of Cities Plavor P1c . . ointments. opinion on Ch,arter Commission anp before the Senate. had expressed an The City Planac�er said he had heard nothinq reqarding the Senate's action oint nor was he aware that the League had expressed an op nion. at that p � The motion passed 7-0. l On. Seconci fl oor rer�odel i n anc�e or er ��o._ 3 � �. .�...}•�► Time extension for second floor remodel- ing contract. It was moved b,y Councilman Meland, seconded by Councilman Eescommlet�on aparove Chanc�e Order �Jo. 3, Con�ract �Jo. 1423, chanqing th p date of the remodel i n�l work from Apri 1 17 , to May 1, 1981 . The motion�passed 7-0. _ .� � lla. Handicap accessibility surv llb. ��EW BUSINESS Handicap accessibility survey. It was moved by Councilman ��1e1 and, seconded by Co�anci 1 man Ral l es, to approve execution of an agreer�ent with Roger Johnson-James Forberq Associates/Architects to perforr� a handicap accessibility survey and to prepare a written p1an for the removal of architectural barriers at a total price not to exceed $6,600. The motion p�ssed 7-0. ,. . ., , „ . , , . �lgreement bet���een �1i nnesota Department of Transportation and St. Louis Park in re storm sewer at Oak Park Village. . It was moved by Councilman Meland, seconded by Councilman Ralles, to waive readinq and adopt Resolution Plo. 6�09 entitled "Resolu�ion auth- � orizinc� agreement between the State of Minnesota, Department of Trans- portation, and.the City of St. Louis Park for the joint use storm sewer drainaqe fac�lities at truck Hiqhway 7 between Quebec Ave. and Nampshire Avenue, City Project 72-43 - S.P. 2706-129 (T,H. 7--12)." The motion passed 7-0. llc. Bid tabulation: Fencina 6id tabulation: Fencin� in Carpenter Park, Dakota Park � Westwood Hi11s Environmental Center. Councilman Hanks asked where the fencinq was to placed at Westwood Nills. -10�- ��ty Council meeting minutes Aori 1 6, 1 ��31 lld. lle. llf. The C i ty P1anacter repl i ed the fenci ne� woul d be pi aced at the east end of the Center behind the two houses, It was moved by Councilman P1eland, seconded by Councilman Flanks, to desic�nate Tennis lJest Ltd, as the low responsible bidder and that staff be authorized to execute an agreement with Tennis West Ltd, for construction of the fencinc� improvements in the amount of �18,939, and that a change order in the amount of $1,797.58 be executed for the ad�litional material cost incurred as a result. The motion passed 7-0. Bid tab: Play equipment Bid tabulation: Play equipment for Carpenter Park It was moved by Counci 1 man Mel and, secondecl by Counci 1 man Plarti n, to desiqnate Earl F. Andersen and Associates, Inc. as the low responsible bidder an� that staff be authorized to execute an agreement with that firm for the purchase and installation of play equipment and site furnishinc�s in Carpenter Park in the amount of �21,018.16. The motion passed 7-0. Landscapind, Oak Park Village Landscaping at Oak Park Village. It was moved b,y Counci 1 man E1 strom, seconded b.y Coiinci 1 man Mel and, to authorize staff to prepare plans and specifications and to advertise for bi ds for gradi ng and topsoi 1 work at � Oak Park Vi 11 ac�e. The motion passed 7-0. Bici tab: Street materials Bid tabulation: 1981 street materials (bituminous) It was moved by Councilman Backes, seconcied by Councilman Hanks, to desic�nate Qury and Carlson, Inc. as low bidder and that the appropriate City officials be authorized to execute contracts on behalf of the City with Bury and Carlson, Inc. The motion passed 7-0. llq. Issuance of perr�its Issuance of perr�its to certain homeowners. Councilman Hanks asked what it vras that was being chanqed. The City Planaaer responded that the chanc�e spec�Wner mus�: be an ownerrical , mechanical orJplumb�nq work on a home, the homeo occunant.. f�e said.this is in line with state sta�utues. Councilman �leland said he believed the ordinance had been changed in 1�75 to permi t i nd i v i dual s to work on �:he� r o�•m homes . Tt was moved by Councilman Pleland, seconded by Councilman Ralles, to defer this item until April 20 to alYow staff tir�e to research the question to -109- 0 � City Council meetina minutes �� Apri1 6, 1981 , ascertiain whether or not the ordinance had been chanc�ed previously and if it is in agreement with state statutes. The motion passed 7-0. 12a. Damac�e claims P��ISCELLAP�EOUS Charter Comr�ission Loui s Park Bessie Block, 3218 �St. Louis Park av consent, the Council authorized the Citv Clerk for proper action by 1lttorney. � 12b. Communications from the _„�,,,�� P1a o r +�► 12c. Communications from the Ci ty ��ana�er. , � �. �_� 12d. vs. City of St. Virginia Circle, the above claims to be filed v�ith the City �lanager and the City Pdone The City Planager said Council would discuss current litigation matters. Executive Session adjourn for Executive Session to At 10:45 the City Co�ncil recessed to an executive session. in which they discussed the relationship of the City to th� State concerninq the Reilly Tar and Chemical liti�ation matter, consented to the City P�1anaqer issui nc� a reply to Carcii nal G1 ass concerning thei r 1 atest c�rresponclence related to access to their property and permitted the Ci ty Attorne,v to conti nue the defense of the Ci ty i n the �Ji ckel s and flimes court case. � Upon returninQ to the Council chambers, it was moved by Cour�cilman P�eland, seconde� by Councilman Plartin, to authorize staff to meet wi th the �1i nnesota Pol 1 uti on Control Agency to� di scuss the Ci ty's relationship to the State concerninq the Reilly Tar and Chemical litigation matter. The motion passed 7-0. CLAIP�IS APPROPRIATIO��S A��D CONTRACT PAYMFtuTc 13a. Verified claims It was r�ove� bv Councilman ��leland, sec- onded �bv Cour►ci 1 man Ral l es that the list ofvverified claims prepared by the Director of Finance and ciirected to the City Council dated April 6, 1981 in the total amount of �4n2,G36.08 for vendors and �7,523.91 for payroll be approved and the City hianaqer and City Treasur�r be authorizecl to issue checl;s in the sar�e amount by a vote of 7-0. -110- �;ity Co�ar�cil jap�,il 6, 1981 meet i n q r�i nutes 13b. Contract payments: Part�a partial contract payment: It 4-�as moved by Councilman P�9eland, seconded by Councilman Ralles, to authorize payment of the followinq 1. Partial payment: Gladstone Construction, second floor remodeling Cit,y Hall. 11�ount �6,446.09. The r,�otion passed 7-0. 14. Adjournment The r�otion passed 7-0. . a� Smith, Recordina ecretary It was moved by Councilman Hanks, seconded bv Councilr�an Ralles to V adjourn the meeting at 10:55 p.m.