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HomeMy WebLinkAbout1981/06/15 - ADMIN - Minutes - City Council - Regular (2)2. 3� 4. , Call to 4rder Presentations R�11 Call MINUTES �ITy COUPJCIL ��E�TIM� A ST. LOUIS P11RK, P�IP�P�ESOT June 15� 198� � A regula r meetinq of was called to order t1c�uaici at 7:40 p.m. �layor (�1c�ua i d the month of Plumbing and The � fol 1 owi ng at roll call: read a June as Heati n�q the Ci ty Counci 1 by t•layor Phy� 1 i s proclar�ation naming Professional ��Ion t h�. Counc i 1 menbers were present Ronald Backes P1artha El stror� Lyle Hanks Jerrol ci �1arti n John Ralles Phyl 1 i s McQuai d � lll so present were the Ci ty �•lanac�er, Ci ty �lttorney, Di rector of Pl anni ng, �. Director of Public Works and the City Assessor. ` �i�proval of ��1i nutes session held June 1, 1981 as It was r�oved by Counci 1 man Martin, sec- onded by Counci lman Ral l es, to approve the minutes of the Ci ty Counci 1 study presented. ' The motion passed 5-0-1 (Councilr�an Han�ks abstained) . It was move�i by Counci 1man approve the minutes of the 1981 as presen ted. � � _� flarti n, seconded by Counci 1 man El stror�, to Roard of Equal ization meeting held �lune l, The motion passed 5-0-1 (Councilman Hanks a bstained). It was moved by Councilman Elstrom, seconded by approve the m�nutes of the regula r City Council 1981 as amended on page i67, item 9d, to chanqe �1i 11 er. , . The r�otion passed 6-0. It was moved by Councilnan approve the minutes of the �s presented. Councilman Ralles, to meeting held June l, the name Brooks to r�lartin , seconde�i by Counc i 1 man �l stror�. t� speci al Ci ty Counci 1 meeti ng hel d June 5, 1��� T.he motion passed 4-0 (Councilnen Hanks and Ralles abst�ined). -178- �,,�-�..,_.---- Ci tv C��inc i l meetinc� mi nutes June 15, 1931 5, Approval o_f Aqencia June 15, 1981, Ti�e mot i on pa s sed 6-0 . It was moved by Councilman Martin, seconded by Councilman Ralles, to approve the consent ac�enda for It was rro ved by Councilman Backes, seconded by Councilman �alles, to a{�prove the agenda- for June 15, 1981 with the followinc� additions: Iter� l�c, Boarcl of Equalization r�eeting; llo, Liquor Enforcement Policy; llp, Single Family R-1 District Housing conditions. The motion passed 6-0. PUBLIC HEARIPJGS 6a, In rover�ent He.arinq, Project 81- 7 : Street � c�hting � . Dan Johns�n, 3232 Florida Ave. So. opposition to the project and that also in opposition. Improvement Hearing, Project 31-27: Street lightina on West 33rd Street f rom Dakota Avenue to Library Lane as described in flotice of Hearing published J�ine 3 and 10, 1981. addressed the Council to state his 77�� of tiie affected residents were At the request of Councilman Hanks, the City Assessor explained the assessment formula for this project and commented that�both City and park properties were included in the assessment. There being no hearinn closed continue it at one further wishing tncil�eto�tlerea1fter reopeneandhe with the ric�ht of Cou a l.ater date. ' It was moved by Councilman �1artin, reject the improvement project. Councilr�an tainly do seconded by Councilman Backes, to Hanks stated that the residents half way up the l�lock cer- no� benefit much fror� the improver�ent. P1a.yor 11c�uai.cl asl;ed i f there was much neighborhood meeting that was held. support for the project at the The Director of Public Works attended� there was part of the seven people who The motion to reject the project passed Improvement hearing, Project 31-5i: Alley between Raleig�hAno�?�h ofuWest and Salem Avenue So 28�h Street to West 27th Street as de�cribed in P�otice of Heiring pub- lished June 3 and ��� 19II 6-0. no consensus on the 6b. Im rovement hearina, Project 81-�5 : lley pav�n� -179- 3 City Council 1981 meeting ninutes June 15, • � 00 W. 28th Street�, said he was opposed Wh the improvement 51 ;1r, 1d. Run�e �e �osts were- mi srepresente�i - and go b�y°i ve 1 attl �S anti ci - as he felt th He state�i several of his neighbors WOUemain in o ositioenefit pated•he avinq projeci. He stateci he.woultor�iscuss thepreal costs fror� t P ortuni ty the project unti1 there was an opp of the pro�Pct. Councilman i�'artin asked if he would costs of the pro�ect were locked in• �1r. Runc�e sai d that he woul d.. Councilman P1�rtin aske�i if he was removinc� the lilac bushes. P�1r. Rune�e said he fel t that cost wa� be in favor of the project if the oopose�i because of the cost of mi srepresenteci. Counci lman P-larti n asked, anr� P�1r. Runge concurred, that he the project should the bids fall within the estimat�s of would staff's favor report. Councilman l�ackes asked if ihe petition was signeci by over 50% of the affected residents, and Councilr�an El�trom said that if not, would the residents have to prepare another netition. The City P1anac�er saici petitions on any project was not a leqal requested that the Jirector of � si gned by over 50% of the affected residents" mandate, but more of a Council policy. I�e Publ i c tilorks address thQ ,1 i 1 ac i ssue. �,: The Director of P�rblic works displayed a confi c�uration of the al l ey and exnl ai ned bus hes and reta i n i nc� wal l. He s.a i d that bushes, not removal , woul d be suff i c.i ent the retaining wall would not need to be transparency illustrating the the position of the lilac very likely trimming of the for paving purposes and that removecl. R. f�uff, 2737 Sal em Ave. So, and E. Grossman, 2738 Ral ei c�h, expressed thei r support for the proj ect stati nc� the al l ey was i n awful condi tion. Pat Lichterman, 2701 Saler�, stated and yet derive no benefit from it. the a11ey wou.ld turn it into more she woul ri be assessecf She expressed concern of a�1ra� strip than it for an al 1 ey that paving al ready Y��s. Jeanette Eisenberq, 2730 Ralei.gh, said her husban� had circulated the peti ti on and si nce they di d not need 100°� of the res i dents' si �nat«res, he haci not contacted every resident. She said she ha� been told 35R of the affecteci residents siqnatures was sufficient. , The City �qanager replied that 35% refers to State statutes. 'layor 11c�uaid said 51 a i s not a hard and fast rul e, that Counci 1 tr�es to go al o n q w i t h t h e wi s hes o f the na j�ri ty. There being no one hearing closed with tinue it at a la ter further wishinc� to speak, the ri qht of Coianci 1 to date. the �layor declared the thereafter reopen and con- r-- City Co�ncil meetinq minutes �une l�, 19�1 . , At the request o ounci man Hanks, the C�tv ilssessor explained brie�ly how assessments are deriveci at in relation to benefits. ��e said that sorne of these residents hac� bui�t qarages abutting �his alley. .Ne saici that the assessment �per foot of property would vary with each piece of property. . Councilman }lanks asked if a project such as this could be bid and further ciiscussions about the project continue. , The City P�lanaqer said it could. Councilman Martin sai�d he would concur with that approach and reminded those present that special assessments for Senior citizens could be deferred. He said he would vote against the project if 51°� of the affected resi�ients were opposed, but he would like to see the project let for bid an�i proceed from there. It was movec! " by �ounci lman Hanks, seGonc�ed by Counci lr!�an f�artin, contin��e the heari"ng unt�l Ju1y 6, that those concerned .residents the City Assessor about their assessnent, that�the project be let bid and if it is over staff's estimates� C�uncil will discuss it The motion passed 6-0. 6c. Improvement hearing, Project �l -28: Street 1 i ght_in,c�_ to see for then. Irnprover�ent hearing, Project 81-2�: Street liqhting on Edgewoad Avenue blest 2 3rd Stree� and Fl ori da Avenue as described in 1�otice of Nearing published June 3 and 1Q, 19�1. Larry �ill is, representinc� Roto-Rooter, 2231 Edgewood addressed the Council to �sk if the pet�tion against had been received an�1 to re-state �he opinion of the the project was not neeciecl. There bein� no one hearing closed with ing and conti n�a� i t Avenue Sout�i, �his project petit�oners.that further wi shing �o speak, the P�ta�or decl ared the the rigMt Qf C4un�i1 to thereafter reopen the hear- at a� 1 a�er date, It vras r�oved by Co�irlcilman f�alles, reject the improvement project. The motion passed 6-0. hci. Improver�ent hearinc�, Project �31-52 : Resol u�tion No. 6�66 secon�led by Councilman i•lartin, to Ir�provenent Hearing, ProJe�t $�-52: Rlley paving .between Rhode Isl�nd avenue and Sumter Aven�a� touW�St north TH 7 frontage roa 3hth Street as describede�3 a,nd110, of Heari nc� publ i shed Jun 181- i � , ; � City Council June 15, 19;31 j1er,t�i�� n�inutes I��re �:Fir�n no ar�e wishin�i io spea�, T cl�sed wi�h the r7qh� of Council to i t at a 1��er cla�e. the P1ayo r dec l a red the hea ri ng �h�reaf�er reopen and continue It wa s,,,ovcd hy Councilman Martin, seconded by Councilman Backes, to �a 've readi nc� an�i adopt Resol uti o� No . 6866 entl ansdand�authori �i �� ar�lerinc� improvement, orderi nq �en�atJOt� on�l o52p�� z►�g advertisemen� for bicis, Improve The motion passed 6-0. 6�e. Iri rover�ent hearin�_oject al -53: esol ut on No. 6f367 Improvement hearinq, Project 81-53: To construct and i nstal l al 1 ey pavi r�g between Glenhurst Avenue South and Huntington Avenue South lying north of Cedar Lake Road as described in Notice of Hearing puhlished June 3 and 10, 1981. Mark 41ex1er, 2644 Glenhurst, said he was in favor of the project as thP recent repair of potholes has made the surface e.ven worse, par- ticularly after the weekend's heavy rains. He does not agree that any improvement will make the alley a speedway and that he is concerned with access to emergenc,y vehicles. Earl Shaw, 2G49 Huntin�ton, said he opposes the improvement and that r�ost of the other residents oppose it, too. Ne said that access was not a problem to him ancl tl�at the present condition of the alley was 'certainly a deterrent to speeding. Dr. Warshawsky, 2616 (;l enhurst, sai d he consi dered the al 1 e,y to be vi rtual 1y impassabl e. Fle sai d both he and hi s wi fe are doctors and ease of access for emerc�ency purposes is critical to them. He �saici ti�at so few peopl e use the al l ey . i t's imposs� bl e to get a majori ty of the residents in favor of the project. John Wicher ►vas in aqreement with Dr. Warshawsky. Sharon .Friedman, 2640 Glenhurst spoke in opposition to the project stating i f i t i s improved, chi 1 dren who use the al 1 ey wi 11 be endan�ered by speedina cars. Bryant Ancierson, 2633 Huntington, said he �loesn't want, need or use the alley an�i whether or not it is ir�proved makes no difference to ��i�. Ne state�i that those people using the alle.y drive too fast anyway and req��ested that i f the improvement i s approved, Co�lnci 1 di rect that speed limit siqns of no more than 15 r�iles per hour be posted. There beina no one f«rther wishing to s�e�k, hearinq closed with the righ� of Council to hearinq and continue it at a future da te. Councilman the �4ayor thereafter decl ared Ll�e reopen the Hanks sai �J he i�ad read the peti tion and fel t thi s was an °�i -182- M► � ...�•�_ . .� C i t v Cot�nc i 1 meeti nq r�i nutes ,��ine 15, 1981 �.�ay to procee�, that is, keepin� an spee�iers. Ne said it made no sense in poor condition. ►layor P1c�uaid said not understand the qoes nowher�. alley in poor condition to cantain to him to petition to keep the alley she agreed with Councilr;�an Hanks and that she could petitioners' concern over sneedin� since the alley It was moved by Councilman Backes, seconded by Councilman Ralles, to select Alternative r�o. 1 of staff's report, a permanent 10-foot wi�.ie concrete alley, and waive readinq and adopt Resolution No. 6867 en- titled, "Resolution ordering improvement, ordering preparation of plans and author�z�nq acivertiser�ent for bids, Ir�provement No. 81-53." Councilman Elstrom sa�d it condi tion of the all ey anci anyway to control speeding. appear�d somethinc� had to be done about the since speed bumps were illegal, was there The Director of Public Works sai� 10 r�ile per hvur siqns could be posted. F�e commented that �he Pol ice Departr�ent said those 1 iving � on the street were the ma,jor vi ol ators .. Councilman Hanks asked that staff report'back to Council with a rec- or•�men�iation to control speed in the alleY. � The motion to a pprove the i.mprov�ment project passed 6-0. 6f. Improvement hearinq, Project 81-1�: �lley construction A1 Hohman, representing Holy Council sayin� they favor�d i f P�1r. Hohr�an was speaking on bei�a��� °hereen not i n aqreei�ent. W� t� S�oul ds refer the 10-foot said his orhanization w p Counci 1 r.ian E�ackes asked ch�arch because thi s was the pastor of the church wide alley concept�. The Director da.y an�1 the preferrinc� a Improvement I�earin�, Project II1-14: to Construc� and install alley paving on West 32nd Streetrbhan�Avenue�South Avenue South and Za as described in ��otice of Hearing published June 3 and 10, 1931. Family Church, 2869 Zarthan, spoke to the a 20-foot wicle bituminous street with curb. of Piiblic 4Jorks said tha� a me�hi J�r�ano�ein affected residents andno�eanhalley. 20-foot wicle street, ' street canc� held that agreement P1ayo r P1cQua i d an�ther public said that if Council opts h inq will be required for the 2�-foot ea r, � d lared the , , . There heing no one hearinh closed with it at a later date. further wi shi n�1 to speak, the P�1a,yor ec ' of Council to �her�after reopen and c� the rihh� -183- ;� City Council� meetiri� minutes $ , June 15, 19 1 6g. Councilr�an Ra11es asked what rovement he woulci vo�e aaainst the ir�p Street which also �oes nowhere. a street or� an al ley. He stated and likened the matter to 13th The C�t� Manager said t.hat the church uses it for additiona�l parking. It was moved b,y Counci 1 man . Hanks, seconded by Counci 1 man Plartin, to re,ject the�project as an alley �mprovement. The motion passed �-�. I t wa s r�o v ed set a publ ic a�d directed by Councilman Nanks, seconde�f by Councilman hearina� for July 20, 19�31 to �ii scuss project tha�t all affected resi�ients be �notified. The motion passed 6-0-. Assessr�ent hearin , Project 80- 0: esolut�on� �lo. 6868 �larti n to �lternatives Assessment hearing, Improvement (�o. 80-10 Lynr� Avenue south of Hv�y. 7, Sal em Avenue south of Hwy. 7 frontage road; redesign of Ottawa Ave./Hwy. 7 interchange and dis- continuance of . Natchez Ave./Hwy. 7 inter- section (conti nued from June. 1, 1981 j. Mark Daiquist, P1aid of Scandinavia, 5051 Nic�F�t►�ay 7, say the revised assessment fiqures as. presented by Worl;s v�ere satisfactory to his compa�n��. He stated interfiere w�Tth their employees and del i very tr�cks that they hoped the engi neer woul d be abl e to keep a minimum. � . There beinn no one hearing closed with �i t at a 1 ater _date. addressed Counci 1 to the Di rector of Publ ic the p�*oject would duri nc� construction and sucj� interference at f�heh�i wishing to speak, the Mayor declared �he .Ue qht o� Counci 1 to thereafter reopen and cont�n It.was moved by�Councjlman P�lartin, waive read�ng and _ adopt Resol uti�on assessment irnprovement IVo. 80-10." The motion passe� 6-0. 6h. CDaG: Pro osed amendment; . Resol �ition �lo. 6869 There beinq no o�ne wishinq to �vi th the ri ght of Counci 1 to date. seconded by Counci 1 nan E1 stron, to P�Jo. 6868 entitled, � "Resolution adaptina Proposed amendment to 1980 Conmunity Development Biock Grant proqram as described in ��otice of fiearinq pub�is11ed June 3, 1981. hearing ��0$�� ii �t a later speak, tl�e ��1a.yor declared the thereafter reopen and continue -184- � ` ri tv Co��nc i 1 � ;;ne 15, 1981 6i, 6,j . meeting minutes . It was mover.l by Counc� man El strom, seconded by Councilman Backes, to waive reaclinq and adopt �esolution No. 6g69 entitled, "Resolution ar�enci ing the 1980 Cormuni ty Devel opment 61 ock Grant program". � The motion passed 6-0. Or-ci i nan ce Code amen�ment : ult uses Proposed ar�endment to Ordinance Code rela- tive to adult uses in zonina districts as published in �Jotice of Hearinq June 3, 1981. Janice 7hies, 3104 Florida Ave. So., addressed the Council and thanked ther� for the proposed ord i nance amendment. She sai d, however, that i t does not acidress the concerns of the siqners of the petition. She state�f the petitioners c10 not want any sexually explicit material avail- able to minors in St. l.ouis Park, and that any such material for sal�e to adults be placed in wrappers. She said the petitioners would l�ike to see a"Public Display to Minors" ordinance developed along the lines of the Supreme Court Kelley decision. Eu�ene Conway, Sr. , St . Paul , representi nc� Mi nnesota P�loral i ty i n Media, stated his organization would lik� to see regulation of the public cii spl ay of ma�eri al s a lor�c� v1� th an obsceni tv ordi nance devel oped from the viewpoint of the Roth-P�lil1er d��is�on of the Supreme Court. There beinq no heari nc� cl oseci continue it at one furt�her wishing to s�eak, the P�1ayor wi�h th� right of Coun�il to thereafter a 1 at�r ciate. declared the reopen ancf (:ounci 1 man P�larti n a sked i f tlieaters showi nh R-rated movi es woul d come �,nder stich an ordinance. H� said r►�nors can obtain se�nment cannotit material s fror� thei r friends and �hat I�e bel ieve�i c�ove the home and leqislate tl�is a,rea. He said r�gulationakeuon theefull�burden for legis- that Council should not be ex�eGtecf to t latinc� ciisplay of these types of materials. Councilman Hanks City Attorney's �1ayo r P1c f�u a i �i trib��tion of hy Cou nci 1 man Manl�.s , seconded by Counci 1 r���l n� S fo��July reaclinn of the ordinance anc� set second rea g asked if Councilmembers could receive office re�ardinc� tl��s ordinance before stated that changes in zoninc� was materi al s wi thi n a comr�uni ty. a memo f rom the the second reading. one way t�o control cii s- It was moved waive first The motion passed �i-�• Vaca ti on of 1 �3th Street Petjtion W�st 1 �3�1� So�i�h and firar,� tlune -1�35- 6, 1981. for vacat7on of a public street: Stre�t between Col orado 11ven�ae D�ko�a llvent.�e So�.�th (continued � , ��a� ). , ' City Council meeting June 15 � 19�� 6k. � minutes l�cato� 28�3 Pr�nceton, said he1wa���ophosed �to the vacation Ar�hu�' In�e of res�dents gett nqlon rinhtperty on 13th anci ci ted the di ff� cul �y c�, g anc�l e turn 140 foot Street because of i ts 1'0-foot wi de, , • v He stated the resal e va1 ue of thi s, proper�ty woul d be sig. dri vewa� . ' icantly decreased bPcause of sucl� an undes�ra .e driveway, nif aron Rosenthal , 1h42 Dakota �1ve. So., �s�i� hs A vacation because of the h� �h assessr�enul �esWi 11 said if the street were vacated�, he wo t flattened out. � sinned the petition for required to pay. Ne want the steepness P1r. Bodick, a resi clent, stated that r�oney was not the i ssiae of the petitioners, rather that the street is sucl� an eye sore. He said that at the neiqhborhood meeting, they were told th.e qrad� would be flattened, Another resident in favor of the vacation �state�i that the other residents wi 11 have the same dri veway probl ems as ��1r. Indel i cato and that the street should be vacated as it simply was not being used as evidenced by the traffic counts. There beinct no one hearing closed with it at a later date. further wi s�i ng to speak, the t�ayor decl ared the the ri c�ht of Co�anci 1 to tl�ereafter reopen and continue It was r�oved by Councilman Ralles, seconded by Councilman ��lartin, to author� ze preparation of an approvi ng ordi nance for vacati on. The motion failed by a vote of 3-3 (Councilmen Backes, Elstrom �nd Hanks oppos�ed ) . Counc i 1 rian El strom sa i d are inconvenienced with the confiquration of the si�e coulci not support the vacation access to their property. Si�e said street demanded improvement. if residents she felt It was moved by Counc i 1 man Qackes , seconded by Co�.�nc i 1 man E1 strom, to deny the request for vacation and proceed with the street improvement. The motion passed �'t-2 (Councilman Ralles, Playor Mcf�uai�i opposed). Request of Union � Connre�ational Church of Chri st and: Co1 or-�1d to change zonina for prooerty 1 ocated at 6021-27 W• 37tn Street as publ i shed i n Wati ce of Neari 9 J �.�ne 3 , 19�1 . Wayne Henninc�, York Development, introcluce�i Jerry Finch, 3600 Alab��a, Ton Nolzer, 3700 Alabama and Gerry Plundt, all of wl�om spokE in favor of the zonin� chan e . the apnropriate wa 9' �onsensus of tl�ei r o�i ni on was that th� s was �t would benefit bo�thendle Color-Ad's needs for expansion and th�� a layout of the �hurch and Color-�1d. 1�1r. Hennin� display pro po s ed c ha n ge . . Councilman Na-nks asked if the church coulci build on the park'ng 10t. -186- ,�,� _ -- -.�.�:...._ ;1 � Y('o�jnc i i riee� ittq r�i nutes �;ine 15, 1981 The �irector of Planning responcie�i that only a zoning change could avail this property for non-church uses. In reply to a question from Councilnan '1artin, the Director of Planninq state� the church was paying the taxes on this parcel. Councilman Plartin aske�i if a variance or special perr�it could not be adopted grantinc� the requested use. Lennis Carpentier, 6225 ��J. 37th St., sai�i the neighborhood was concerned about industrial encroachr�ent into a residential area. He said their nain concerns were (1) possibility of future expansion and (2) the impact of increased lightinq and possible attraction of undesirable elements to the area. Richar�! Coperine, 3700 Brunswicl:, said he was generally in favor of ti�e parkinq lot if it is well desic�ned. There being no one further wishing to.speak, the Playor declared the hearing closed with th� right of Council to �hereafter reopen and continue it at a later �1ate. In res�onse to Councilr�an t�lartin's prior question, the City Attorney said that because of the present R-3 zoning, it might be inappropriate to consi�er a variance and that it appeared rezoninc� ►vas the correct Vray to proceed ancl that perhaps further study of the matter lvas in or�ier. Councilman f(anks anci aske� i f i t tltis project. referred to a black notebook that hac: been passed around represente� the feelin�s of the neighborhooci re�ardinc� P1r. Nenninq stated that a neiqhborhood meetin� had not been i�eld. Councilman Hanks said he �vas conGerned �hat rezonin� would open up the area to a variety of uses such as nursina homes, nursery schools, etc. In resnonse be ta i 1 ored that Council i n a r�atter to C�uncilman �1ar�in's c�tiestion if the re-zoninc� could not to t{ie existinq neigl�borhood,�the Ci �y /1�torney cautione�� vioulci want to be very carefu, about any.special legislation s�ich as thi s . ftayor �1cn��aid residents ha� she felt the sai�i it was apoeared to plan appeared interestin� that none of ti�e neie�hborhoo�i voice opposition to the proposec� plan, an� that to be an assei. � !'r. Nolzer, representinc� the cl��arch, said parkinq lot Sun�iays an�i ev�nings and that wi th Col or-Ad for . i ts use o�her t�ir�es. He Psted i n becor�ina a 1 andl or�1. the conc�re�ation would'use the tl�ey had an equitable a�reer�ent said tl�e church was not inter- It was r.�oved by Councilman Hanks, seconded by Counc�� �orho10 itinfornational an approvin� or�iinance be prepare� ancl that a ne�, r�ePtinn be held prior.to the July 6, 1�31 meetina. The r�oti on passed 6-0. 187- ► Citv Coun19�� June � 5 � r.�eeting minutes ouncilman Ralles left the Council C G1, El ectroni c amuser�ertt devl_ 7a. 7b. meetin� at 11:�0 p.m, Proposed amen�iment to Ordinance Code rel at�i ve to el ectmon�e abusement devi ce$ or �ames as recom en d y the P�an- ninq Commi ssion as publ ished in ��otice of Hearin� June 3, 19�1. Steve Cook addressed the Council to ask is the re cou�d Sot be some allowance made for the existence of these devices. e uc�gested a probati onary oeri od to see how theY worked out i n the comrnuni ty, sayi ng this approache had been tried elsewtiere w�th success. R. �iker, representing t�ational Ar�user�ent Co. , saici he understood the f,ouncil's concern, but questioned reclulation of amusen�ent devices. He sai �i that i f free-standi ng cievi ces v�ere not to be al 1 o�le�, coul d they not be allo��rec� as an accessory use. He said he would like to see a r�ore equi tabl e machi ne to -square foot rati o. f�e sai d i t was the company's experience that propri etors of establ i shr�ents i n whi Ch these devices were situated were very successful in policing such activities on their premises. , Sam Nilva, �lational Amuser�ent, said the establ i�hments Park which hacl such c�evices were cloin� it to suppjer-�ent ciuring these liard times. He asked why kids wantinc� t4 devi ces shoul d have to go i nto bars to do so. He sa i d c�ulc� show how suceessfully they co�ald pol ice tf�e areas r�achines were locatecl or h�ve ther� rer�oved. in St. Louis t�iei r i ncor.ies pl�y th�se his company where the There bein� no one further wishino to speak, the ��layor� declared the hearing closeci with the riaht of Council to thereafter reopen �nd conti nue i t at a 1 ater ciate. I t wa s mo ved waive first 6, 19R1 . by Counci lman Hanks, seconded by Counc� lman E3ackes, to readinq and set second reading of the ordinance for July Counci lr►an t�arti n said he was opposed to the orcii nance. Ne asked whv Lhey coul�i not be installed as a principal use, stating he felt there was closer supervision were they a principal use rather than as an accessory use. He sa id he agree�l they shoul d not be 1 ocate�i a� t`'''' 2�� feet of school s, but al so fel t there were too many hypothe�� ca1 assurrptions about r+hat might happen. The �otion pa�s� 4_� (Co��nci 1 man ��larti n opposed }. B t--�`�° PETITIO��S, REnUESTS, COM�1Ut�ICATIO'�S �l�tice of Intent Lo Y.ni�hts of Co1��r�us by con sen t . Con �i �� � L 3 i ��`:�, �� 1�1d5 0r(�Qr":.� �11 , Notice of Inteni to Con;i��cc �'',��' �� � � �� � -� - - -- - _ � �_ � _---. ..�,.,� _ „«..�-�---'� __._.�--__... _._. C i ty Counc i 1 r�eet i nc� mi nutes ,'une 15, 1981 7c, '928 Jerse� Ave. So.: Petition �1i nnesota consent. Brass r�as ordered filed by �esidents' petition relating to property at 2923 Jersey Ave. So��th. �1vin Hork, 2932 J ersey Ave., said that since school was out, the sit- uation has deteriorated even further. He said that the residents of the street refuse to be intinitated by the residents at 292�i Jersey. He responded to a question from the �layor by stating the City's In- spections Department personnel had also been harrassed. Councilman Departr�ent have to be �he Council Martin stressed t�ie importance of working witl� the Police in re�ortinn time and incident and that complaints would fileci. He said that apart from that, there is not r��uch can do. �lyrtle �uemke, 2�16 Jer.sey, neqative feelinqs about the them solve this situation. or�iinances cover this type said that�most of the residents had Police Department's interest in helpinq She said they would like to see �vhatever of situation enforced. Several others spoke to the Council detailing various occurrences. Councilman Hanks said he would like to receive a note from the City t-1anac�er and Di rector of Inspections as to what tags I�ad been i ssued to the residents of this premises. Steve f;osenthal said that control activities in.its that he woul d 1 i ke to� see St. Paul had passed an ordinance to help parks and t��hich banne�i trouble makers and similar action taken in St. Louis Park. The City Attorney ac�reed 4vith Councilmanfi�letcomslaints wiLhathemPolice tant that observers ofemselveslasCavailable as possible during any Department and make th investic�ation. was a reed that the Ci ty P�anacler woul d check wi th the � 292� pepsey. �t g olice actions at the prem�ses o ment to get an up�ate on p RESOLUTIOPJS A��D ORDIflAhJCES - P�W Bel l Easement to 'Jorthwestern Qel 1 Tel e- IIa. Easenent , phone Company. �r�i�nance o. � 2 Councilman Nanks, to It was moved by Councilrnan I�I�rtin� .nan�edPlo.b1512 entitled, "An �� waive second readinn and �dpp� �rd� • •'n rantincl of an easement for telephone cabinet. ordinance authoriz� � 9 abstained). The motion passed 4-0-1 (Councilman Backes -1n9- t � City Cc���ncil me���n�1 mjn��t�s Jiine 1 �, 19�31 IIl�. K K C�r ora o� o��37� Reso ut on I�� 3c. �; K Corpor��r i �n : Reyuest h,��,rin� in re inclustrial reven iae bond s r�aved by Council,m��n h1artiin, seconded b6 it was et 'a ubl ic he�rin�1 on thi s matter ��for � ut on� adopt Resolution No. 6878 entitled �?on°474.01, ursuant to M�nnesota Statutes Secti 0 to set pub� �� �ievel ��m�nt Counci lr�an ilanks, to 1981, wa i ve read i ng and cal l i ng for publ i c hearing Subd. 7b. The mot�on passed 5- •. ' R�solution commendinq P�1I�1P�S Railroad. M��(&S Ra i 1 r�ad ;_ __ � �e � �itiion PJo. 6�70 � by. Councilman Backes, enti t� eci, "Reso1 ution , I� Y��s moved by Cnuncilman El strom, sec�87e�d waive rea�ling and adopt Res�l ut�on ��o�� commendinc� the �1rJ��s �,ai 1 road Cor�pany. Th� r�otion passed 6-0. �,d. Release of securities• Reso ution � 7 9a. � 9b. --- -- - - - - -_._..-- Release of securities, approval of s��bsti tuted securi ti es [T It �vas moved b� Counci1man E3acke�s, seconcJed by Counci lman !lartin, to waive reading and a�opt Resolution ��Jo. .6871 entitled, "Resolution a�itl�orizing the release of seeurities and a�prov�l of substi�uted securities of P1arquette ���Jational Bank of P1inneapolis, t1innesota." The r�oti on passec.l 5-Q. REPORTS �F OFFICERS, a�JAR�S, COt1t1ITTFES Prel iminar,y enqineerin /111ey pavinq re ort • Prel i mi nary enc�i neeri ng report: A1 ley pavi ng, north of P�i nnetonka Bl vd. from B1 ackstone llve. �o �1t��S Rai 1- road tracks. It was r�oved by Counci 1 man E1 strom, seconded by Counci 1 man Backes, tQ set the publ ic heari nq on this project for July 6, 1981. The motion passed 5-0. Shar�rock a�di ti on Shamrock addition draina�e plan. It was move�i b,y Councilman Hanks, seconded by Councilr.�an ��artin, to approve the plan for drainage in the Shar�rock addition. The moti on passe:� 5-0. gc. L�nn Ave, traffic st�id Resolutaon Jo. 687 Traffic stu�ly t�o. 265: Lynn Avenue� • It ��as nove�i by Councilr�an Hanks seconded b Councilman Backes, to v�ai ve rea�linc� anci adopt Resol ution f�o. 6.g72 enti ti ed "Resol ut�o� authori zinq removal of parki n� restri cti ons o n �ve. ��o ��� � n L vn -190- ._.-,- .- !" 4 � � � , �� � 1 , _,...� ----- --- - -- � - ��ty Council r�eetinq minutes ��Une 15, 19`31 � The r�otion passed 5-0. gd, Control Data Resolution tJo. 6873 Request of Control Data Corp, for a special permit to construct an addition to an industrial building It was r�oved by Councilr�an Backes, seconded by Councilr�an Elstrom, to waive reading and adopt Resolution No. 6873 entitled, "A resolution granting perr�it under Section 14,123.100(2) of the St. Louis Park Ordinance Code relating to zoning to perriit construction of an addition to an industrial building �vithin 200 feet of the F-1 floodway district for property located in tfie I-1, Industrial District, at 3965 �1eadow- brook Road." . The r�otion passed 5-0. 9e. Planning Cor�ission minutes 9f. Parks & Rec r�i nutes � 9q, tlay financial report 9h. Annual financial statem�nts 10a. Boards & Comr�issions and that Eleanor Krohn and Rights Commission. The minutes of the Planning Commission meeting held June 3, 1981 were ordered filed by consent. The r�inutes of the Parks & Recreation Advisory Commission r►eeting held P�ay 13, 1931 were ordered filed by consent. The May fi nanci al filed by cor�sent. report was ordered The annual financial statement and compre- hensive financial plan were ordered filed by consent. UNFIPJISHED BUSIP�JESS It was moved by Councilman Elstrom that f,ayle Buzinka be appointed to fill a vacancy on the Human Rights Commission Stephen Kel l ey be reappoi n�;ed to the Hur�an The r�otion passec� 5-0. lOb. Dental Insurance Dental Insurance program. Councilman Martin, to It was moved by Counci lr�an Hanl:s >dental dinsurance program. reject al l bids rec.ei ved for tl�e The motion passed 5-0. Councilr�an Backes, to seek It was moved by Councilman HankSfecti�edw�thythe 1982 benefit package new bids for a plan to becorne ef incorporatinc� the c.onditions�of staff's report. The r�otion passed 5-0. -1�1- e � � � City Council meeting minutes June 15� 198� lOc. Board of E ual i zation It was decided to 4 p. r�. , t hen the Board reconvene lla. Human Rights Commission Councilr�an Hanks asked nex� wanted to r�eet to Board of Equa1 i zati on when Counci ] compl ete the hearings. woul d meet on Tuesday, June 23 at at 5 p.m. until all citizens were NEW BUSINESS 2 p.m. heard. Human Rights Commiss�on - Ord�nance revi sions � It was r�oved by Councilman Backes, seeonded by Councilman Hanks, to � defer this matter. � ' The motion passed 5-0. llb. Deferred Compensation; Resolution No. 6874 1 State Deferre.d Compensation Rroqram. It was moved by Counci lman E1 strom, seconded by Counci lman Bael�e�, to wai ve rea�li ng and .adop� Resoi uti on PJo. 6874 enti tl ed ,"Resol uti on authorizinq implementation of State of Minnesota Deferr�d Cqr�p�nsation Plan." � The motion passed 5-0. 11 c. P�1i 1 i tary 1 eave Ch�anges � n Personnel Cod� rel ati ng to P1ilitary leave. It was moved by Councilman Backes, seconded by Coun�ilman Elstrom, to waive fi rst readi ng and set second readi ng for Ju'1y 6. The motion passed 5-0. 11d. City hlanager: Deferred Compensat�on; Resoluti t�os. 6875, 6876 —" _ Excl us i on of Ci ty Manager from Publ i c on Employees Retirement Association. It was moved by Councilr�an Backes, seconded by. Councilman Hanks, to waive reading and adopt Resolution ��o. 6875 entitled, "Resolution approving election of James L: Brimeyer to be excl uded from the Pub� �� Employees Retirement Association" and Resolution No. 6876 entitled "�tesolution a��thorizing agreement with Cit ��1ana er reYatin to deferre� compensation." y 9 g The moti on pa ssed 5-p, -192- � � � ��ty Cauncil mee�ing minutes ,l�ne 15, 1981 lle. St Incentive Program Ordinance change in re Study Incentive Program. y It was moved by Councilman�Hanks, seconded by Councilman Backes, to waive first r�eading and set second reading for July 6. � � r llf. The motion passer.i 4-0-1 37th/Aquila consultant (Councilman f�lartin abstained). 37th St. and Aquila Consultant: Selection of consultant; set assessment hearing date � It was moved by Councilman Nanks, seconded by Councilman Backes, �o designate Short-Elliot-Hendrickson as engineering consultant and authorize execution of an agreement and set an assessment hearing date of July 20, 1981. ' � The moti on passed 5-0. Vi deo equ i pment � Bid tabulation: Video equipment It was moved by Councilman ��artin, seconded by Councilman Elstrom, to desiqnate Video Midwest as the lowest responsible bidder and that a pu.rchase order for equipment be i ssued to that firm. The motion passed 5-0. llh. Special Assessm� ent �rant Program It t�vas �oved by Councilman El strom, seconded byedurali1 uideHandsaut� aclopt the special as,sessment grant program proc 9 thorize staff to set ne�ghborhood meetings. Guidelines Prograrn. for Special Assessment Grant The motion passed 5-0. lli. Timber wall contract It was moved by Councilman q.rant a time extension to The motion passed 5-0• 11j. [iid tab: Street materials , . Time Extension: Timber wall contract Backes, seconded by Counciofa�heacontra�t. June 29 for the compl et�on �d�rthwestern Aqqreqates as tracts with each company. , The motion passed 5-0• It.was moved by Councilman Elstrom, sec- Councilman Backes, to des- onded bY ignate Richards Asphalt Ref �iongofnaon- low bidders and authorize execu -193 - L � � \ �� City Council June 15, 19�31 i 1 k. 11 t� . rneeti nc� i��inutes Uiri�� ta e e u1 m�nt V i cleo ta pe qepa rtmen t ec�ui pment for � Ci �y facilities. Police . • It was m�ve� by Counci lman Plarti n, seconcied by Counci lman E1 strom, to ado�� Option No. 3 of staff's re�ort. install and monitor add�t�onal video tapin� ec�uipment which.is compatible with that equipment cur- rently installed in the Publ�c Safety Commun�cation$ Center. The moti on passcd 5-0. Bassett Creek Qassett Creek construction project It was moved by Councilman Hanks, seconded by Councilman E1Strom, to accept the followit�g recommendations of staff's report: that a representative attend the July 16 hearing and that the representative indicate the City's continued commitment to the projec� and intention to adopt a resolution to make the additional contribution provided the level of participation by the other municipal ities remains the same. � The motion passed 5-0. Fi scal Di seari ty . � • � to hel p d�fray �he Ci ty of the Fiscal Disparity Law. lln. llo The motion passed 5-0. Houlihan's Restaurant It was moved by Councilman Martin, sec- onded by Counci lman El s�rom, to auth- orize the City's contribution of $1,500 Shakopee's expenses in effor�s to chailenge Request for Hou1 i han' s Industrial Restaurant Revenue Bonds: It was moved by Councilr�an Hanks, seconded by Councilman authorize appl icant to proceed with the preparation of a setting a public hearing in re a request for industrial bonds. The motion passed 5-0. Counci 1 r�an Nanks noted request in no way was would be approved. Martin, to resolution development that Council's intent to hear the to be construed as a c�uarantee thi s Liquor Enforcement Polic this matter to Council's The motion passed 5-0, . It was moved by Councilman onded by Councilman Hanks, Liquor Committee. -194- appl icant's matter Backes, seL- to refer � City Council meeting minutes �une 15, 1981 llp. 12a. Single family residence groups of people living in a Councilman Hanks said he was concerned about abuses occurring concerning R-1 Single Family Residence zoning w�th sinqle family residence, not of one famiiy. It was r�oved by Councilman Hanks, seconded by Councilman i�artin, to refer this matter to staff for investigation. The motion passed 5-0. Damage claims 12b. Cor.ununications from t he Mayo r P�IISCELLANEOUS PJone. Mayor Mc(luaid rer�inded Councilmembers she needed their City Manager evalua- tions. . It was moveci by Councilman Backes, seconded by Councilman Elstrom, to waive the food 1 icense fee and one day of the carnival fee for the Partv in the Park. � � The motion passed 5-0. 12c. Comr.�unications from the Ci ty P�anager the Ci ty P�anager �uthority to discuss long-range plans. The r�oti on passed .5-0. Regarding�the matter of refuse collection, i t was moved by Counci l.man Hanks, sec- onded by Councilman P�artin, to give visit with Woodlake Sanitary Service to It was moved by Counci lman Hanks, seconded by Counci lman El strom, t�o set the next Council study session for July 13. The motion passe� 5-0. CLAIPIS, APPROPRIATIOfdS, CONTRACT PAYMENTS 13a. Verified claims the Director of Finance and 1�81 in the total amount of payroll be approved and the to issue checks •in the same It was�moved by CouncilmanmMa�hat�thec onded by Councilman Elstro , list of verified claims.prePtead�bne 15, directed to the City Coun��1�d��291.30 for $7gG,262,95 for vendors a City P�lanager and City Treasurer be authorized amount by a vote of 5-0. _195- , City Council June 15, 1981 13b. �a. �eeting minutes It was moved by Councilman Hanks, Contract a.ents: Fina1 seconded by Councilman Elstrom, Resol ution No. hS�� to wai ve readi ng and adopt Resol ution . 77 entitl ed "Resol ut�on accept�nc�_w�rkCon ractWNo� j l� ls„Environ- No. 68 7 361, and . tal . Education Ce t�� 5��o�o��u���ohnson'Cons ruc�i on. �e�hor�ze payment ofi � � The motion passed 5-0. . ' It was moved by Counci lman Bacl;es, seconded bentsunci lman El strom, to authorize the following partial contract paym 2, Pump & control Meter Service, installation of two-card activated fuel system. Amount: $11,672.92. The r�otion passed 5-0. Adjournment The riotion passed 5-0. Attest: . �' � Pat Smith, ecordin � � retar�y It was moved second ed by adjourn the by Counci lman El strom, Coun�ilman Backes, to meetinc� a� 12:30 a.m. -196-