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Home My WebLink About1981/07/20 - ADMIN - Minutes - City Council - Regular2. 3. 4. 5. Call t�, Order Presentati�ns Roll Call �`111VU t G� CITY COUNCIL P�EETING A ST. LOUIS PARK, MINNESOT July 20, 19II1 The meeti ng was cal 1 ed , to order at 7: 35 p,m, by Mayor Phyllis McQua�d. None. The following roll call: Counci lmembers were present at Ronald Backes �1artha El strom Lyle Hanks Phyllis Jerrold P9artin Keith Meland John Ralles McQuai d Al�so present were the Ci ty Manager, Ci ty Attorney, Di rector of Pl anni ng, Di rector of Publ i c Works and the Ci ty Asses sor. � �1in�utes It was� moved by Councilman P1eland, seconded � by Counci 1 man Hanks , to approve the mi nutes � -. of the J ul y 6 Counci 1 meeti ng as amended to read : P�a�i on for adjournment was seconded by Counci 1 man �1e1 and; on page 201 �1r. Berl and said� he woul d assume the assessment for uti 1 i ties and street improvements; and Item llc he rephraseci to read that Benhilde has va�ant land and that. staff shoul d contact them as to thei r pl ans for that i and. � � The motion passed 6-0-1 It was r.iov�d the minutes (Councilman Rall,es abstainecJ). by Counci lman El strom, seconded by Counci 1 nan �1e1 and to approve of the City Council studv session held July 13, 1981. . The motion passed 6-0-1 (Councilman Ralles abstained). Approval of Aqenda It was moved by Counci lman Backes, seconderi � by Counci lman M 1 d t rove the consent e an , o app agenda for July 20 as presented. The mot�ion passed 7-0. r- It was moved by Counci lm�n Ral l es , seconded b Counci lman E1 strom, to approve the agenda for July 2� as presented, y The motion passed 7-p, ----_�. ' 2 Z L - `;+,�� Counci 1 meetinQ minU�S !�ly 20, 1991 PUBLIC HEARINGS �, . L i��ror 1 i cense appl i cat i on : Red �wl�tores Application of Red Owl Stores, dba Country Store, for an off-sale non-intoxicating liquor ]icense at 3710 Highway 100. There being no one wishing to speak, the Mayor declared the hearing closed with the riqht of Council to the reafter reopen and continue it at a future dat� . It was movecl by Councilman Mel�and, seconded by Councilman Backes, to approve the application. ln answer to a question f rom Councilman Elstrom, the City Manager said that apProximately �15 of the grocery stores in the City have off-sale non- intoxicatinq liquor licenses. The motion passed 5-1-1 (Councilman Hanks opposed, Councilman Ralles abstained). bb. Ir�provement Resolution Project o. 6892 No. £31-1�4 between Alabama and Zarthan. Improvenent Project No. 81-14, construct and install (a) concrete alley paving or (b) asphalt street paving, curb � gutters, drive- way aprons and lan�scaping on W. 32nd Street Father Raym�nd Moormon, 3144 Zarthan, said he was happy.something was going to be done about this street. Ne acknowledged the fact the neigl�bors are living with the traffic on this street every day, whereas the church must contend with it mostly on the weekends. He said that the church would pre- fer the proposed street 7mprovement with curb and gutters, feeling it would facilitate easier access to its property. Councilman Elstrom asked if both with the chu rch's preference. the affected neiqhbors were in agreement John Almquist, 3143 Alabama Ave. So., bors and since the present roadway is see it improved as a street. said he was one of the affected neigh- used as a street, he would prefer to Councilman Hanks asked if the roadway was heavily used. t1r. Alm uist said he felt the amount of traffic warranted its being im- prvved as a street rather than as an alley. ' e further wishing to speak, the �1ayor deandreontinue�a�ing There he�ng no on closed with the right of Council to thereafter reopen i at a futurP date. � It wes mavPd by Councilm an Elstrom, s�conded by Councilman.Bl�aPs,',�esolution rea�i n ancf adopt Resol u�i on No. 6�392 (A1 ternati ve #1) ent7 � �\�� ... , , ' �• . ..'t��.��\\�\ti�t.$�'� .:Z� \1.�� Ci t,y Counr,i 1 m�et�i nq July 2�. 19f�1 tni nutes � re aration of plans, ancf authorizin � im��r�ovemerit, orcl�r� nc� p P 9 order�n� ��.Qr k�jds, Improvenient No. 81-1�." aciverti se�j�er� Counci lman extendPd. Ralles asiceci how far The Ci t�� Ass�ssor ��1inn�tonka E31vd. down on �d. 32nd Street the ass�ssment repl i�cl i t extended one-ha 1 f wa,� ant�wean 32nd St, and and one-ha1f way between 32nd St. L ke St. In response to Counci lman Hanks ` questi'on about si de s�r�ea benefits, the Ci ty 1lssess�or repl � ed � t was $5 .30 per foot for the i n e� r 1 ots. Counci lnian a�ackes �sked i f any property �n P�1i nnetonka ar Lake St, had been assessed for previous improver�ents. • The rjty cause of to Lake 1lssessor sai �I In1 ninlill amounts had been improvements to Minnetonka Blvd. which Street which was a State aid project. The n�otion passed 7-0. 6c. Alley pavinq, W. 27th to W. 28th between a eiq an a em continued f.rom Jul� . It was moved by�Councilman Hanks, the heari nq to Auqust 3, 19�31 The motion passed 7-0. 6d. A�ley �avinq, Natchez �1ve. Resolution No, 6�93 assessed previously be- was a County project and Improvement project No.81-51: Alley from W. 27th Street to W. 2Bth Street between Raleigh and Salem (continued from July 6) seconded by Counci lr�an Ral les, to continue Improvement Project No. 81-54: Al ley paving on Natchei Ave. to approxima�ely 170 feet north of W. 28th Street (continued from July 6) P1r. Rick Berland, �745 Natc�hez, said he would prefer that the Ci�y improve the street as a concrete alley on that part used as a roadway, with no curb or c�utters and that care be exerci sed duri ng constructi on for the eXi st�ng trees. He stated he was wil l ing to assume the costs of the assessrnent. TherP beinq no closed with the a future date. one further wishinq right of Counci 1 to to speak, the P1ayor declared the hearing thereafter reopen and continue it at It was moved by Councilman Elstrom sPconded b Councilman Ralles, t� Wa�ye reacii nq and a�iopt Resol ut i on No. 6�393 enti tl edy "Resol uti on orderi ng im- provement, orcierinc� preparati on of 1 ans a '' adverti sement for l�i ds, Impr�vement �•Jo, �1-�4" sti pul ati n the authori 21 n9�onstructi on of a 10-foot concrete paved alley way and that pro�ect be erty at ?.7�5 Natchez be assessed the total � the owner of the prop ost of the project. -2�4- , � Ci ty Counc i 1 meeti nq mi nutes July �� 1981. �layor McQuaid asked if the City was going to continue the water lines. The City Planac�er said in anticipation of any further development along this roadway, the City �vould be installing 6 inch water lines. Councilman Nanks said he felt it was important that the persan req�iesting this improvement siqn a waiver with reqard to the project. In answer to a question from Councilman Elstrom, the Director of Public Works said the project would be bid this year. . Th� motion passed 6-1 (Councilman Martin opposed). 6e. �lssessr�ent Pro,aect 79-.44: A ui a and 37th Street eso ution No. 9�— Assessment Project No. 79-44, traffic sig- nal revision and channelization on Aquila Ave, at W. 37th Street as described in ��oti ce of Heari ng pub 1 i shed JUIy 1, 1981. There bei nq no wi sl�ing to speak, the P�layor decl ared the heari ng closed with the right of Council t o thereafter reopen the hearing and continue it at a future date. � It was moved by Co�ancilman Pleland, seconded by Councilman Martin, to waive reading anci adopt Resolution No. 6f394 entitled, "Resolution adopting assess- ment Improvement No. 79-44." The motion �assed 7-�. Gf. Gene Sava e: Re uest for a variance; eso uCion o. 6895 There beinq no wi th the ri c�ht date. Request of Gene Q. Savage for a variance to to permit construction of a garage located at 2541 Zinran Ave. So. as described in Notice of Hearing publisl�ed July II, 19�1. one wishing to speak, the Playor declareci the hearing closed of Counci 1 to thereafter reopen and conti nue i t at a future It was moved by Co�inci1man Ptart�n, second�d by Councilman Ralles, to waive readi nc� and adopt Resol uti on No. 6�95 enti t1 ed, "A resol ��tj °i nancetCodevar- i ance i n rea r yard setbac k f rom Sect i on 14-12� ( 5) of the 4rd relat7nq to zoning to permit construct�on of a��garaqe addition �n the R-1 Sinc�le Family Qistrict at 2541 Zinran Ave. So. The moti�n passed 7-0. 6�. John An ell :'Re �iPst for a variance; Resolut on No. G�� Request of �lohn �1n9e�� for a variance to permit construct7on of a�escrybed�in�Notice q358 Coolidqe Av�nue as �� 19II1. of f�eari n� publ i sh�d July There hein no one wishing to speak� �he Mayor� ��annd�nue wit;h th� r�qh� of C�uncil to �hereafter reopen c�at�, � -22�� hearinc� closed i � at a future City Council meetinc� minutes July 20, 1981 Councilr,�an Martin, seconded �by Councilman Nanks, to waive I t wa s moved by • �� • readinc� an�i adopt Resol ution No. 6896 enti tl ed, A resol uti on granting - variance in side yarri sPtback from Sectiori 14albelow-�radee Ordinance Code rel ati nq to zoni nq to perm� t constructi on of q qaraqe i n the -1 Sin le Family D�strict at�4358 Coolidqe Ave." R 9 The mo�ion �assed 7-0• 7a. Bin o �3a. Color-�d Pack�ging; Ordi nance P�o. 1516 P�TITIQP�S REQUESTS, CUPIMU�JICATIONS Request of � to conduct consent. St. Louis Park Senior Program bi nc�o was ordere.d fi led by RESOLUTIOPJS �A�J� ORDINA�JCES � Second reacii nq of ordi nance relating to zoninq change for creation of parking lot for Color-Ad Packaging/Union Con- qreqational Church It �vas noved by . Counci lman Backes , sPconded by Counci lr�an second readinq and adopt �rdinance �Jo. 1516 entitled, "An ing the St. Louis Park ordinance code chanc�inq boundaries districts." hlayor t�lcQuai d poi nted out the condi ti ons as expressed meeting of JunP 24 could not be�incorporated into this the ordinance concerned a zoninq question. Hanks, to waive ordi nance amend- of zoninq at the neighborhood o rdinance because I�t was moved by Councilnan Hanks, seconded by Councilman Ralles that Color-Ad be allowed to proceed with the construction of a parking lot contingent on the following conditions beinc� met: (1) Decorative lighting be installed to di rect 1 i ght di rectly down i nto the park i ng 1 ot; 2 I nsta 11 ati on of a l�w retaininc� wall on the west to block headli hts from i' on resi- dences on the west• • 9 sh ning ,(3) Installation of screening devices to block lights and vehicle visability on the west and south of the proposed parking lot; and (4) That traffic be permitted to enter the lot from 37th Street only. The motion passed 7-p, �b. Hilton Hotel Resolution f�o. G897 Councilman Backes abstained from �ll !1ayPr, 16 t�estwood Road, sai d and acknowledged the efforts of ceptable to all the homeonwers. Yrould please everyone, but that Reconsi derati on of resol uti on for fli lton Hotel. discussion and vote. he had been present the developer to come Ne saici he felt that they would still like -2?_6- at all of the meetin9s up wi th a pl an ac- the current plan to see a bi�ger be.r�'• , City Council JuIY 20� 1981 meetinq minutes Ne said he felt planting �rees 15 feet a�art would not create enouqh of a barrier. . , In answer to a question from Councilman Hanks, the Director of Planning sa�d that the berr� as proposed would be entirely on St. Louis Park land but that the trees could not really be planted any closer together and . yet survive. He suqgested th� developer might staqger the trees thus crPating a better barrier, In answer to a question f rom John Whalley, 22 Westwood Road, the developer, Vernon Beck, ex�lalned the new landscape desiqn plan and said that the fence on the east side had not been eliminated from the design. He assur- ed �1r. Whalley tha� upon Council approval, the plan would pr�oceed as in- ciicated on the 3��yout. . Councilman Elstrom asked if the new Exhibit PPP, as redesigned, had been incorporated into the resolution, and the City �1anager said that was correct. It was moved by Councilman Ralles, seconded by Councilman Hanks, to wai ve readi ng and adopt P,esal uti on PJo. 6£397 enti tl ed, "A resol uti on amendinq Resol�ation fJo. 680� which amended Resoluti�n No. 6767 which rescinded Resolution �Jo. 6633 anci all previous special permit resolutions for Shelard�.Park and grantinq permit under Section 14-195(1) and 14-195(3) of the Zoning.Ordinance to permit a commercial and a residential develop- ment for prope rty located in the B-2 General Business District �nd R-B Residential Business District in Shelard Park." The motion passed 6-0-1 Bc. Amusement �evices; Ordinance Jo. 517 (Councilman Qackes abstained). Reconsideration of second reading of ordinance: Amusement devices P�a or P1c uaid said that in 0 tion B, Section 4(4) at the end of the fourth line, th4 following clause should be added after the word "uses": '.exc�pt tha"t up to 20 electronic amusen�ent devices or games shall be a perm�tted accessor,y �ise to the aforementioned principal uses, if the ar�e� of sajd principa1 use is at least 25,000 square feet." Councilma�n Martin said he was still no� satisfied with tl�e ordrnance as pr�nose�i and that he would move the following: Less thai� 10,000 sq. f�• up to four machines would be permitted;�14,00� �� 25f��pup�to�� i�acii��es 10 machines��wou1d be permitted; and over 25,000 q woul �i be permi tted . The motion ciied for 1 ack of a second. ft�nal d Di ker sai �i he was sti 11 concerned abou� the con�ro� ��»�'C�s af the hroposP�i vrdinanc�. I�e said tl�at retailers wi�h over 2�+�a�',c�1��f��ve � qr��t i nves�r��nt i n�:h�� r i nventary �n`� Wses�he�aia�e� �f �f�� v�s ��'c� c�ntrol �vc�r what th�y al l�w �n ��rohlen sPto a minin�un�. Ile felt sucl� i nter�st��i th�y have i n keep� nq I� �27 � Ci ty Council m�eting minutes July 2�, 1981 tion as to what is allowed in their stores. . . . proprietors should haVe an ° • ' o their stores e Plannincl Director's concern thai �one ind�vidualsb Ne acknowledged th ut • r etrate a subterfuge to qet more ma�restricted td only 4 machines ��c�ht pe P , 000 sq. ft. � being tha1: K�-P1art, wi th ov�rOSe'of any establ i shment i nstal 1 i ng such el ectronic was defeating the pu p � He said that 20 machines for stores over 25,000 sq. t. was devised. acceptable. � i lr�an Hanks asked about the machi nes bei nq permi tted i n grocery stores. Counc . ' Mana er replied this would not he allowed under the proposed ord- The City 9 inance. Councilman Martin asked where rockin� horses and airplanes the amusements for small children such as fit into this ordinance. The Director of Planning�saicl this another section of the ordinance, not electronic in nature. type or amuse:ent was covered in that those types of amusements were It was r�oved by Counci1man F�anks, seco�nded by� Councilman Backes, to waive readinc� and adopt Option 6, Ordinance �Jo. 1517 entitled, "An ordinance amending the St. Louis Park Ordinance�Code relating to zoning by adding Sect�ions 14-104(75) , 1�1-151.101 , 14-157.101 , 14-172(3) &(4) 14-181.101 and 14-198(6), Electronic Amusement Devices." _ • The motion passed 7-0. 8d. Amendment to Taxi Ordinance� First reading of amer�dment to Taxi Ordinance. It was moved by Councilman Martin, secon�led by Councilman.Ralles, to waive first readin� and set second readinq for August 3, 19a1. The motion passed 7-0. 8e, liuman Rights Commission Ordinance amendments First readinq of Rights Commission �iayor �1cQuaid said that after Council had reviewed and made some chanqes of"their own, the CommTssion Section 1-343(5). amendr�ents Ordinance. to Human the ordinance chanqes was concerned with Councilman Elstrom said she thought subsections 6, 7 and 8 were to be- come subtopics under 343(5) and Councilman Hanks concurred. Councilman Meland said that was correc"t and uoted from the minutes of the study sessi on i n whi ch he, had sai d that the enumerati on of Section �-343 (6), (7) and (�) should be changed to tie nore closeTy with the advisory function of the C�mmission as stated in 343(5); thus (6) would beco� (5a); (7) w�uld become (5b); and (8� would become (5c). • -228- . .� ''� '-�.., L� �;ty Council meeting minutes �U�y 20, 19n1 . It was moved by Counc� iman Hanks, seconded by Councilr�an P�1artin, to waive fTrst readinq and set second reading for Auqust 17 to allow time for the Human Rights Commission to review this revision. ihe motion passed 7-0. Later i n the meeti ng , i t wa s noted the Hur�an Ri ghts Comr�i ssi on wou 1 d not be meeting before the August 17 Co.uncil meeting. It was moved by Councilman P4eland, seconded by Councilman Elstrom to reconsider Item 8e. The motion passed 7-0. It was then moved by Councilman Hanks, seconded by Councilman ��eland, to set the sec�nd reading of the ordinance for the first meeting in September which would allow time for the Human Rights Cor,�mission to review this ahange. The motion passed 7-0. REPORTS OF OFFICERS, BOARDS & CON�'�IITTEES , 9a. Traffic Study No. 2�7: Traffic Study No. 267: Brunswick Ave. Resolution No. 6�98 north af Cedar Lake Road It was r�oved by Councilnan Ralles, seconded by Councilman Hanks, to waive readinq and a�opt Resolution No._6£i98 entitled,W�RkSAvenuennorth�ofZCedar the placement of traffic control signs on f3runs Lake Road." The motion passed 7-0. 9b. Shelard water study Shelard Park Water Service Study. In answer to a question from Councilman P�artin, the City Manager said that ' Shelard is the supply of water for fire fiqhtinq capabilities. the problem in He said that Fla Avenue was the only source serving �he Shelard area. 9 It was r�oved by thorize staff to Plymouth for the Councilman Hanks, seconded by Councilman Elstrom, to au- ne otiations with the cities of f�innetonka and cor�mence 9 connecti ons . construction of inter-city The motion passed 7-0. `��. Leaf burni ng survey It was moved continue any Survey on a rea by Councilman Rall�his . seconded item. leaf burning by •Councilman in the metropoli�an•� Elstrom to dis- . further action on State Counci lman P1arti n is matter could be pursued through our as�:ed if th � r • ,, ,,..,.,,..;:` �..,. .. - . ...•.�l�:,. Std1s�.... • Counci 1 r�eeting mi nutes C� ty 1 ��l July ?�� Leqislature. C�uncilman Ralles said t��at woul.d 1nake ciidn't think the legislature would q° the i ssue alonq with� state-wide that. and that he . • C o�inci lman Plarti n sai d he fel t i t was unfa� r of the P1i nnesota Pol 1 ution Control Agency to burden the metropolitan com�unbutethattburnieaf burninc� han. He said that the ban was based on dens y , n9 was per- mit�ed elsewhere in the state. He asked.why some alternative co�ald not be fo►and for communi ti es such as St. Loui s Park such as one day al lowed for burni ng. He sa� d he woul d u rqe acti on by the C ty s. Legi sl at1 ve rep- resentatives and Senator and would request that �staff write a letter to that effect �o them. Counci lman P�1el and sai d that previ ously thi s �f tl�e citiz�ns and th�t perhaps the fi 'rst City's ordinance. Councilman Elstrom wondered what effect the surance and comnented the ban had probably c�rass fi res. � � ban was supported by a majority step could be to rescind the ban had on homeonwers' in- saved a lot of �arage and Counci lman Plartin asked what pol l uti on was - smoke from burni ng leaves or plasti�c bac�s full of l.eaves that will not disintegrate when buried in land fill areas, The r,iotion of Counci lman Ral les passed 6-1 (Counci lr�an Martin opposed). 9d. ��inutes: Ad-hoc committees Minutes of the Virginia Avenue Bridqe Comr�i ttee and the Cedar Lake Road Traffic Control Committee It was r�oved by Counci lr�an �lartin, seconded by Coun�i lman Meland, that these minutes be accepted for filing�. The motion passeci 7-0. 9e. P1inutes: Parks & Recreation 9f. Minutes: Human R�qhts 9q. Minutes: Zoning A eals 9h. "1i nutes : HRA The.minutes of the Advisory Committee 1981 were ordered Parks and Recreation meeting held June 10, filed by consent. The minutes of the Human Rights meeting held June 17, 1981 were filed by consent. The minutes of the meeting held June filed by consent. Co..ission ordered Board of Zoning Ap�'�a�s 25, 19�1 were ordere ,� The mi nutes of the speci al Housin9 an� Redevelopment Authori ty meeti ng held �t July 2, 1981 were ordered fi led by conse --- - -- -- -23Q- Ci ty Counci 1 meeti nq mi nutes July ?�� 1981 g�, Plinutes: Parks 8� �ec.reation_ 9j , Mi r�utes : HRA gk, t1i nutes : Parks & Recreati on 91. 10a. lOb, Financial report Boarcis & Commiss�ons The minutes of tl�e special Parks and Recreation Advisory Commissior� meetinq held July 6, 1981 were ordered filed by consent. The minutes of the special Housing and Redevelopment Authority meeting held July �, 1981 were ordered filed by consent. The minutes of the Parks � Recreation Cor,�mission meeting held July 8 were ordered filed by consent. ThQ June 1981 financial report was ordered filed by consent. � UNFINISHED B(JSINESS American Legion Request for PUD Zoning. Councilman Hanks reviewed the r�emo from the Planning Commission regarding the Ar.ieri can Lec�i on's request for Pl anned Uni t Devel opment zoni ng. He said PUD zoning had beEn explained a� a neighborhood meetinq and that such a zoning change require�i five votes of Council. � Ptayor Mc(�uaid said that the action Council was taking at thi's time was to approve the�request of the Planninc� Commission for a subcommittee to be appointecl so as to work out the remaining details. It was moved by Councilman�Hanks, seconded by Councilman Ra11es, that the follo�vinc� persons be appointed to serve on the subcommittee: Celia An- dersen, as chair; Jacquelyn Ingersoll, A1 Hovland, Ronald Backes, Jerry Martin, Wally Nelson; A1 Daly, Mrs. A. B. P1aurer and P1rs. Fred Zabel. Councilr�an Martin .declined,expressin� his cor7cern there might be of interest because of real estate dealings he has conducted for Several members of the subcommittee in this would in no way conflict with Mr. subcommittee. a conflict Mr. Bird. attendance stated that they felt �lartin serving with them on the The motion.passed 7-�. . The Director of Planning reviewed the history Appl e^V�l l ey Red-E-P1i x f this matter s�ating that a 1973 zoning h respect to this type of business would not devel�pment. He said Apple Valley facility 0 study brought about an ordinance change w� of business in the City. He said that today this tyPe be ermitted as it is within 400 feetOOWhethe�etheal P that at issue�was amerelyrequepment. . was a structure or -231- �� Y�y�'`'"!'!�'L\�Rr'Cv:.1.��.'v,,,�,.. _.,,•��-v �.. . . `�- ,. _. ► C i �,y �luly Council 20 , 19f31 meetin�l mi nutes . . s Jensci�, represent� n� Appl e Val 1 ey Red-E-�1� x, ma e a presentati on Charle � ' t� Co unci 1 o��tl i ni nc� the deta� 1 s of the case from theWas 1 thatf v� ew of A le Valley Recl-E-Mix, The essence of his argument t e situatton pP ��as hrou ht about beca�ase �f the Ci ty s i nstal 1 ati on ofteoed�n posts `� He stated ��is client is n ed �n an adjacent to their �roperty. , . . amicable resolu�tian o� the problem �f at all possible. He sa�d the . equi pment i n usage i s not a structure and therefore a bui 1 di nc� permi t was not applied for. Councilr�an Qackes between equipment aske�i what auth�ri ty the Ci ty has to di fferenti ate and a structure. The City Mana�er reviewed staff's position in light of the Building Code in maki nc1 sucl� a determi nati on and sai d the matter i s currer�tly tander revi e�� by the Board of Zoni ng Appeal s. Fle sai d there were two i ssues present :(1) rvas a bui 1 di ng permi t requi red, and (2 ) shoial d Counci 1 auth- orize a zonin� study. Councilman P1eland asl;ed if there was presently an action against the Ci ty and that perhaps Counci 1�ni c�ht want to di scuss thi s i n more detai 1 with the City Attorney. He asked when Council might expect to hear from the Board of Zoninq Apneals. Councilman�Backes asked what the Board was hearinq, . The�City Manaqer said the Board is holdinq denial of a building permit as well as the ating as a non-conforming use. a hearing with regard to the quest.ion of Apple Valley oper- The ��ayor said that no action was required on the matter at this time. lOc. Oak Park Villaqe lla. Purchase Villac�e agreement, Block 1, Oak Park it was moved by Councilman ��1eland, seconded authorize execution of the agreement between Authority and Parkhome DevelopPrs, Inc. The motion passed 7-0. by Councilman Elstrom, to the Hous i ng and Redevel opment t�EW BUS INESS . Fire lane designations; By consent, the foll ' r solutions w�� Resolution Nos. 6899 6900 ow�nc� e > > adopted pertaining to the designation of and 6901, fi re 1 anes : Resol uti on No. 6899 enti t1 ed� � , , . "Resolution authorizing placement of traff�� control si ns establ i shi ng fi re 1 anes at 300, 350 and 400 Shel ard Parkw�y • Resol uti on PJo, 6900 ent� tl e�d, 'Resol uti �n authori zin 1 acenent of traf f� � control signs estab�ishing fire lanes at 492� Minnetonka alvd."; and �e50r lution No. 69�1 entitled " Resolution authorizin acement 0f tr�f�ic control signs establishing fire lanes at 3641 Park Cln r Blvd." e te _ _--- _�_ -232- � I � � City Council meeting minutes July 20, 1981 . llb. Bid tab, paving projects llc. lld. Bid tabulation for Projects 80-10, 81-10, 81-18, 81-59 It was moved by Councilman Hanks, seconded b Councilm Y. an ��larti n, to clesiqnate P�ortf�west Asphalt as lowest respons�ble b�dder and authorize execution of the contract. . The motion �assed 7-0. Fiscal Disparity Councilman P�1eland said he would like to comment on Council's action of June 15 when he was not in attendance. He said he was surprised Council would cl�allenqe this law and commented that the Suprer,�e Court�of today is probably different from the Court of several years aqo. He said he felt fiscal disparity would ultimately benefit thP City as its development was slowe�r which was the theory upon which the concept evolved, that conr.�unities' development was uneven. He said he felt the City was contributing, throu�h fiscal disparity,to insurance which the City would profit from in the future. It t�as moved by Councilman Meland, seconcied hy Councilman Backes, to rescind Counci 1's a�cti on of June 15 i n wiii ch $1 ,500 was contri buted to the efforts of the City�of Shakopee to challenqe.the Fiscal Disparity Law. Councilman Hanks said this recission did not challenge the whole theory of the Fiscal Disparity L�w; more accurately, it challenged the percentage of contribution. . � Councilm�n �leland said that perhaps more appropriately a governing body such as the Metropolitan Area Management Assaciation or similar body should be encoiaraqed to take action. He said he would prefer legislative rather th�n judicial recoursP. The motion passeci� 7-0. Councilman Hanks said the City might not get its �1,500 back, but Council's action release�i� its support of the proposed challenge. Employee Assistance Proc�ram con�ract wi'th the Metropolitan The m�tion passed 7-0. 11�, Steak & Ale, P1ama Rosa's - L' ' a s�er It was moved by Councilman Martin, seconded by Councilman Hanks, to adopt the modified statement of policy and to discontinue thP Clinic of Counseling. Liquor license transfer i c�uor i cense �r n resenti ng, ��1r. Davi d �4rdon Johnson, tlinnea olis attorney, said he was rep reeme�+t. � to perform his part of the purchase a�towards Qonc�io�rno, who is still waiting Ne ro osed resolu�ions which he said would take a s ep presented two p p . _233_ r � - _ _= �--�,� , City Councii meeting m�nu�C� July 20, 19�31 rPsolving this problem. . Councilr�an i�anks said rather than hearing proposed reso utions, he would like to know who now �wns the l�quor license. P1r. Johns�on responded that P1r, a.onc�i orn� di d. In answer to a question from Councilman Hanks, �vas true th�t a 1 i cense i s i ss��ed to a�arcel f�e sai d the i ssue of wh�o owns the property i s parties, Stea�; anci Ale and Mama Rosa's. David Fi sher, attorne.y wi th Pi 11 sbury, asked I�o�� the restaurant was operating license. He re�lied that some type of Ste�k and Ale. Inc., as it oral the City Attorney sai� it of land, not to an individual. a matte r between the two owner of Steak and Ale, was no lonqer possessed a'liquor permission had been granted to Councilman P�eland asked if any money had been refunded to Steak and Ale after the license was transferred to Mama Rosa'�s. The Ci ty �lanac�er responded that i t had not. mix-up in the present situation becaiase the had called w�ndering if they should pay for fee. � . The City only discovered the home offi ce� of Steak and Ale the remainde r of the license � In answer tb Cour�cilman Martin's question about who anplied for the transfer of the 1 i cense, the Ci ty Planaqer repl i ed P�1r. Bongi orno had. Counci lman .Plarti n asked i f i t w�sn't P�r. Bongi orno' s responsi bi 1 i ty to i n- form Council that ti�e sale of the propert,v never went throu�h. Ti�e is thP the City h1anager said that traditionally the transfer accomplished before the final agre�ement for sale is buyer requires� assurance that indeed he possesses property he i�s pi�rchasi ng. � of a 1 i quor 1 i cense signed as usually a 1 i quor 1 i cense for It was moved by Councilman I�lartin to rescind Council's action of June 15 when it transferred tf�e liquor license. The City Attorney said Council's action �in basecl on the assumption the license would the properiy chanqed owners. He saici that begin ail over again. - In response to a question from Councilman a p p l y f o r t r ans fer t he City Manaqer said in this case h1ama Rosa's, transferri nq the 1 i cense was remain with Steak and Ale until the process would now have to Backes as to who would have to the party requesti nq the 1 i cense, Couneilman Backes asked if this request should not oc r simultaneously with the transfer of ownership of the propert , cu y The Ci ty P1anager repl i e�d that was correct unl es � speci f i ec1 a date. . s the ag reement of sa 1 e _�,�,,,-,-` . _ .. _ . Ci ty Counci 1 meeti ng mi nutes July 2�, 1 �81 The City Attorney saiif that in hinds�ght, Councilman Backes' comment was very appropriate. Councilman Ralles asked if the two parties had a serious earnest money aqreement for the sale of this property. ttr. Fisher said they did. Councilman Hanks seconded Councilman Martin's motion to rescind the Council action. Councilman �leland asked how Steak and Ale could have the license back since the fee payment was not up to date. The City Attorney respondec� that recission restores the status quo pri�r to Council's action on June�l5; therefore, there was no transfer of the license. Councilman Hanks said he had a hard time understanding Steak and Ale's attitude towards the importanc� and valuP of a liquor license, an�d that he would like to know what happened between the application for transfer and now. Councilman El�strom said she could und�rstand Steak and Ale's not paying the second �ialf fee because when it was due, they did not possess the license. Councilman Meland said Council was not questioning the actions of either staff or the attorneys presen� and reminded Council of a similar incident that occurre�i sometime ago at Knollwood. Ne said he though it would be appropriate for a timely payment of the fee to be received by the City prior to the close of�business on Ju1y 21• �1r. Fisher responded it would be paid by the close of business on July 21. P1r. Johnson asked about the money P�r. Bongiorno paid for the application. The Cit Planaqer said if Steak and Ale pays the fee, he could see no reason for theyCity keeping P�r. Bonc�iorno's money. The motion made hy Councilman Martin, seconded by Councilman Hanks, tn rescind Council's action passed 7-0. -� Councilman P�artin, to refund It was moved by Councilman f�anks,es�oo�1dedBongiorno, but not to refund the the liquor license application fe investigative fee.� • ' rha s that was a bit premature and that Council C o u n� i l m a n � 1 e l a n d s a i d p e P o t h r o u g h. mi ght want to wait to see if the sale doe s i n d e e d g ^ osed ) . � The motion passed � l(Councilman Backes opp � - seconded by Councilman P�te�and, It was r�oved by Counci 1man NanE.s, ../�.7� . . .., �� . . � . .� to hold � Council meetinq minutes City 198� July 20, . a hearinq at �:3� p•m•� �n w��at happened fron� June 2 Councilman P1artin leqal aspects of in the saie. said he the case August 17 to hear to the present. an expl anati on of exactly does not see the need for a meetinq as the . take precedence and the C�ty was not involved The r�otion passed 5-2 (Councilman Backes, Mart�in opposed). llf. Assessment hearinq schedule It was moved by Councilman ment hearing The motion passed 6-0 (Councilman by Counci lr�an Elstrom, to schedule. P1eland, seconded adopt the assess- Backes absent from the vote). . PIISCELLANEOUS lZa. DamagP claims Sid Ames, 4220 Sunset Blvd., St. Louis Park . � . Cooper ��ladson, 7800 W. Lake, St, Louis Park By consent, the Council authorized the above claims to be filed with the City Clerk for proper action by the City Planager and the City Attorney. 12b. Cor,muni cations from the (`1ayor 12c. Communications from the City Manager 13a. i 3b. 13c . None. Golden vs. City of St. Louis Park It was moved by Cou�ncilman P1eland, seconded by Councilman Hanks, to . a�prove ihe settlement wi�th Mr, and �1rs. Golden as recomnended by the City Attorney. The motion passed 7-0. Verified Claims CLAI�IS, APPROPRIATIONS, CO��TRACT PAYPIENTS I t was moved by Counci 1 man Mel and, seconded by Councilman Ralles, that the list of 'f' • p' ctor of Finance and directed to the Citv�CouncilddatedrJulre20by1981 inrthe total amount of �581,754 for vendors and �29,3�9.29 for payroll be approve� and the Ci ty �1anager and Ci ty Treasurer be authori zed to i ssue checks in the same amount by a vote of.7-0, Co�tract Pavments -�. Executive Session by Councilman and the City _ .__ .._ _.___ ,; - Backes, Attorney None. The Ci ty Counci 1 adjourned ta Executi ve Sessi on. Upon i ts return, i t w�s �OYPd^�. seconded by Councilman rleland, that the CitYRe�rE-"" be authorized to discuss the s�tuat�on w�th -236- � , � .{ ,. ��- ;r�c�' �retiinq minutes . �_ �, �.:.�, 1°�1 �_ officials and to try to reach an amiable solution that wauld be bene- ficial �o both the City and to the op�ration of the ready-mix plant, 7he r�otion passed 7-0. ;µ, r�diournment �iotion passed 7-0. ;'" �/�J �,� » , ,, �.. . , , at Snit , Recording Secretary It was r.►oved by Councilman Ralles, seconded by Councilman Elstran, to adjourn the meet�ng at 10:35 p.m. � ,; ; -237- ►