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HomeMy WebLinkAbout1981/01/19 - ADMIN - Minutes - City Council - Regular2. 3. :� Call to Order Presentations Rol 1 Ca 11 MINUTES CITY COUNCIL ST. LOUIS PARK, January 19� P�EETING MINNE$OTA 1981 A regular ca 11 ed to McQuaid. None. meeting of the City Council was order at 7:40 by�Mayor Phy�lis The following at roll call: Counci lmembers were present Ronald Backes Martha Elstrom Lyle Hanks Phyllis Al so present were the Ci ty Manac�er, Di rector of Public Works, Director of Inspeetional Services, Recreation and the City Attorney. Approval of the P�1i nutes January 5, 1981 as amended from "underway" to "under The motion passed 7-0, Jerrol d Marti n Keith Meland John Ralles McQuaid Planninq, Director Di rector of of Pa rks and It was moved by Counci lman Ral les, seconded by Counci lman Hanks, to approve the minutes of the reqular City Council meetinq held on page 5, 5th paraqraph, chanqing the last word consideration. It was moved by Councilman �1eland seconded by Councilnan Ralles, to approve the minutes of the sPecial City Council meeting held January 12, 1981 as presented, The motion passed 7-p, 5a. Approval of Consent Agenda removal of item 1p�, 5b. A nroval of A enda It was moved b_y Counci lman El strom, sec- onded by Councilman Ralles, to approve consent agenda for January 19 with the Resolution Approvinq Capital Improvemeni Plan. d�tions: Item 7b, p,�rk lOf, Birchwood traffic The motion passed 7-0. the It Was moved by Counci 1 man Ra 11 es , secon�°� bY Counci lman �larti n, to approve the aae��a for Janua ry 19 19E1 wi th the foi 1 ow� Rg 3� Pantry Coop as requeste:i by Mayor McQuaid and Ite� study as requested by Councilman Elstrom. -22- � City Council meetinq January 19, 19F�1 6a. Public utility easement minutes PUBLIC HEARINGS First readinq of ordinance in re petition for vacation of public utility easement, Frantz Klodt & Son, as published in Notice of Hearinq, Dec. 31, 1980. There beinq no one present wishina to speak, the �1ayor declared the hearing closed subject to the riqht of the City Council to subsequently reopen the hearing and continue it to a later date. � It was moved by Councilman waive first reading and set The motion passed 7-0. PETITIONS. RE 7a. Obscenity ordinance Hanks, seconded by Councilman Meland, to second reading for February 2, 1981. ESTS, COMMUNICATIONS Petition in re obscenity ordinance. Mayor McQuaid said that this item concerned a petition which would be qiven to- the City Attorney for study. Fred Mason, 2600 Jersey Ave. So., addressed the Council and mad�e reference to� the Roth and Miller Supreme Court cases regardinq obscenity, and stated distribution of obscene material is not protected by the First Amendment. Joseph Counter, 2836 Brunswick Ave. So., spoke with reference literature, movies and other material being dispensed at the of hlinnetonka Blvd. and Dakota. � Jan Thies, Quoted its to the corner 31�4 Florida Ave. reiterated the Supreme Court decision and definition of obscenity. Donald Thies, 310� Florida Ave., said that he has lived in since 1942 an�i would like to see chil�iren today raised in community and that a business such as Biqelow has no place Park . the community a similar in St. Louis Joshua Dressler, 9001 W. 3.lst St., said he was concerned about the very vocal neiqhborhood residents in attendance and that he hoped the Council would take a lona, hard look at this matter before proceedinc�. He said his concern was that enactment of such an ordinance as was under discua�ion extending to �libraries and other facets of community life. He said th such ordinances were virtually unenforceable and policing of businesses ciistributinq this type of material v�as almost impossible. Mayor McQuaid asked tl�at the record show receipt by Council of a letter -23- Cauncil n�eeting minutes City �g�l January 19� . fror� Steven Ra smussen, who was not able to be in atten ance, supporting the obscenity ordinance. Playor McQuaid thanked this vie�+s and opinions �on in attendance for coming and said that their matter are of concern to the Ci ty Counci 1. It was moved by Councilman Pleland, seconeedfor to refer the p etition to the City Attorn y forceability of such an ordinance. Councilman an opinion E1 strom, as to the en- Councilman Meland commented that it took two yea rs to come up with the sauna ordinance and that its enforcement is still in question. � Counci lman Marti n sai d that he was i n agreement wi th Counci lman Pleland. He said he had received many phone calls frn�enttresearchgintonhowhthe matter and that he had done a little in�epe population of the community he represents feels on this issue. He said that in cont.actinq Northern Cablevision,� they reported that the vast majority of their subscribers pay the additional fee to subscribe to R rated movies. He said that the issue before the Co�ancil is what do the citizens of St. Louis Park want and that he does not want to be put in the position of leqislating for othe rs. Counci lman Backes asked i fi the i ntent of the moti on was to refer to the City Attorney the lanquage presented to Council or the ordinance that Golden Ualley has. Councilman �leland said that submittinq the City Attorney would be acceptable. The motion was so amended. the Golden Valley ordinance to Counci lman Hanks sai d he fel t thi s was a very important matter but that it is pointless to develop an ordinance that is not enforceable. Mayor McQuaid said she wanted to remind all in attendance that the Council was in support of the U.S. Constitution and the First Amendment and that any ordi nance must be eval uated i n terr�s of the Federal and Siate Constitutions. She said it would be very easy for Council to pass an ordinance regardinq pornoqraphy, but that little would be accomplished• She sai d i� i s a far harder job to get to the roots of thi s s i tuati on but that a chanqe in attitude must start in the home. She said that the Council, the courts and laws cannot legislate anyone. She said that �' the Council cares ju�st as much as those in attendance do but that there is no point in having an ordinance that is unenforceable. She said that Golden Valley's ordinance has never been tested and the feeling in that cor.n�uni ty i s that i t woul d not hol d up i n court. She sai d the authori t�Q- in Golden Valley ask the shop keeoers to coo erate with them by keeping material qf this nature under the counters and that enerally there �s cooperation on the part of the stores. 9 _2q_ �Ir,.,�.�.�r�..�r�.e.-.____ City Council meetinQ minutes January 19, 1981 7b. She stated that Mr. Bigelow's attorney had contacted her and that they are anxious to cooperate with Council in any way in this matter. The motion was approved 7-0. Park Pantry Coop Park Pantry Coop, Mayor McQuaid said Council had a letter from the Park Pantry Coop requesting amendment of the R-B zoning ordinance at 3345 Dakota to allow the establishment of a food coop. It was moved by Councilman Elstrom, seconded by Councilman Ralles, to refer the letter to staff for study. Councilman Hanks inquired what aias to be studied. The City P�anager responded that staff would study if that was a per- mitted use in that district. The.motion passed 7-0. Tow trucks RESOLUTIONS AND ORDINANCES Second reading of ordinance relating to the parking of tow trucks on or near residential use district properties. Councilmen Martin and Hanks agreed to having the phrase "nor more than one" inserted before the word tow truck in paragraph b. It was movecl by Councilman Martin, seconde� by Councilman Hanks, to waive second reading and adopt the ordinance. Mr. Schumach asked if it woulci be permissible to have two tow trucks on his property if one were in the garage out of view. Councilman Martin said that the comr�on sense answer to that would be if one truck is in the qarage and one parked outside, only one �tow truck is visible and that the orcJinance was beinq amended to prohibit the unsightliness of trucks, plural, being stored on residential prop- erties. � Councilman hlartin amended his motion to insert the words "visible outside a building structure" after the wor�1 tow truck. Councilman Hanks withdrew his second. Councilman Ralles seconded the motion. Councilman.Hanks saici he.qets unco�fortable with the wor��visible b�i~o inserte�i in the ordinance as many citizens are concerned with what is bring brought into neighborhoods even though there is a garage to put it in. -�5- , .,... _ X- —. .. . . i .0 ^-'2>t•Li City Council meetin� minutes January 19> 1981 �oved by Councilman Hanks, secondeduest It was i, defer this matter until Februaance which would develop lanquaqe for the ordin the be Councilman Backes, to that the City Attorney be enforceabl e. Councilman to Council passaqe. Meland said h� woulc� �ikeneedhnot in final form so that it ordinance amended at presented time of Councilman P1artin said he wanted to assure those in attendance that Council was very interested �n developing an o rdinance that would permit them to have a tow truck in residential neighborhoods and that the matter was only beinq deferred so trhoodr�esidentsucould�beadesfy the tow truck operators an�i the neiqhbo veloped. The motion passed 7-0. In answer to a question from the audience, Mayor McQuaid saicl copies of the ordi nance woul d be avai 1 abl e ��londay, February 2 pri or to the meetinq should any of the concerned people want to look it over. 8b. Ordinance in re Second reading of ordinance in re buildinq code amendments to building,code. r inance o. 1492 It was moved by Councilman Backes, seconded by Councilman Martin, to waive reading and adopt Ordinance No. 1492 entitled, " An ordinance amendinq the St. Louis Park Ordinance Code, Chapter 15, General Building Codes; amending Chapter 13, Licensing; and adopting the 1980 �1innesota Bui lding Code and the 1979 Uni form Housi ng Code." The motion passed 7-0. 8c. Ordinance in re addre�sin of buildin s; Ordinance No. 1493 Second reading of ordinance in re addressing of buildings. It was moved by Councilman Hanks, seconded by Councilman Pleland, to waive second read�ng and adopt Ordinance No. 1493 entitled "An ordinance regulating the addressing of build' � sections to th� St. Louis Park Ordinance Coden9s; amending and adding The motion passed 7_p, �d. Severance a ; Sick leave incentive rogram Resolution No, 6757 It was moved waive first 2, 1981. Fi rst readi ng of ordi nance i n re severance paY and resolution establishing Sick Leave Incentive Program. bY Councilman Hanks, seconded b readin9 of the�ordinance and sety The motion passed 7_p, -26- Councilman Ralles, to second readi ng for February City Council January 19, meetinq 19R1 minutes It was moved by Councilman F1eland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6757 entitled, "Resolution providinq for a Sick Leave Incentive Program." The motion passed 7-0. Re. Official news a er Resolution designating Sun Newspaper Reso ution No. 675A as official newspaper. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6758 entitled, "Resolution designating legal newspaper for the calenciar year 1981." The resolution passed 5-1(C�uncilman Pleland opposed). �f, Karen Klingelhoets Resol uti on �ao . 6759 Resolution extending sympathy to family of Karen Klingelhoets It was moved by Councilman Elstrom, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6759 entitled, "Resolution extendinq sympathy to family of Karen Klingelhoets." The motion passed 7-0. F3q. Rear yard setback, Eric Gilster Resolution No. 6760 an. Resolution granting variance in rear yard setback, Eric Gilster. It was moved by Councilman Ralles, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 6760 entitled,•"Resolution qrantinq variance in rear yard setback f rom Section 14-133 of the Ordinance Code relating to zoning to permit a rear yard of 6 ft. instead of the required 25 ft. in the R-2 District at 4051 Wooddale." The motion passed 6-1 (Councilman Backes opposed). Securities for Resolution approving securities for collateral collateral. eso u ion No. 6761 It was moved by Councilman Meland, seconded by Councilman Martin, waive readina and adopt Resolution No. 6761 entitled, "Resolution apdroving securities for collateral from Marquette National Bank ��li nneapol i s, P�i nnesota ." REPORTS OF OFFICERS, BOARDS AND COP�IMITTEES 9a, Plannin4 Commission P1i nutes 9b. Buildin Canstructi on Co�ies Advisory Commission minutes to of The minutes of the Planning Commission meeting held January 7, 1981 were ordered received for filing by consent. The minutes of the Building Construction Codes Advisory Commission meeting held December 4, 1980 were ordered filed by consent. .� _ - - `-___ _ _. _ - � City Council meeting January 19, 19�1 minutes g�, Amendments to Comprehens�ve Plan Statement of the City of St. Louis Park regardinq proposed procedure hensive�Plan. of amendments to local Compre It was moved by Counc�atementnks, accept the proposed st The motion passed 7-�J. 9d. NRA minutes ge. Amhurst traffic s i gna_1_ l�a. Boards and Commissions seconded by Councilman Backes, to The minutes of thetHnuShegd ment Authority mee 9 1981 were ordered filed by The report from City's request the entrance to and Redevelop- January 13, consent. Hennepin County on the for a traffic siQnal at Amhurst was ordered filed by consent. UNFINISHED BUSINESS Appointments to Boards and Commissions. It was moved by Councilman Meland, secondeci by Councilman Hanks, that Albert A. Nyster be appointed to fill the vacancy on the Fire Civil Service Commission. The motion passed 7-0. Councilman Backes said that an appointment to the Buildinq Construction Codes Advisory Cornnission woul� be made at the next meeting. Councilman Ralles said that he had spoken with Ward Nurd who said he would be happy to serve on the Community Relations Commission. Council- man Ralles said he would serve in an at-large capacity and that he still thouqhL the Commission should not be structured by neiqhborhood areas as this seemed to make it difficult to fill any vacancies. P1ayor McQuaid suggested this be discussed at the February 2 meeting. lOb. Skid Steer loader Skid steer loader, It was moved by Councilman Elstror�, seconded by Councilman Ralles, to designatp Tri-State Machinery as the low responsible bidder and authorize the City to enter into a contract with that firm in the amount of $12,053 for that unit. The motion passed 7-0. � -28- City Council meeting r�inutes January 19, 1981 lOc. Capital Improvement Plan Resol uti on tVo. 6762 �►- - -� - - Resolution Plan. approving Capital Improvement It was move�! by Co►�ncilman Meland, seconde� bv Co�nci]man Hanks, to waive reading and adopt Resolution No. 6762 entitled, "Resolution approvinq Capital Improvement Proqram 1981-1985." Councilman Meland said that since 90+ percent of the curb and gutter work in �he City was now completeci, he wondered if it might not be difficult to sell this type of improvement to residents on streets of only a bloc!c long or so. He asked if staff would look into developing some type of program of assessment to the residents of such streets who turn down improvements to defra,y the costs of basic maintenance on their street. He said if this were feasible�, it would only be after residents had turned down improvements on their street. Councilr�an Elstrom asked if staff could supply figures regarding the repairinq and maintenance of unimproved streets. Councilman Hanks said that before staff is directed to undertake such a study, he would like to see a list of those areas in which proposed improvements have been turned down. The motion passed 7-0. lOd. Leaf�icku� Leaf picku� survey tabulation. Ii was r�oved by Counci lman Ral les , seconded by Counci �man P�1e1 and, to direct staff to study the leaf pickup program further and to look more closely at alternative No. 3 as presented in staff's report. Councilman Martin asked why leaves cannot be burned. The City P�anager said State law prohibited it. The motion passed 7-0. 10e. Park Properties agreement Park Properties agreement. It was moved by Councilman Martin, seconded by Councilman Meland, to authorize execution of the contract betvreen the City and Park Properties. The motion passed 7-0. lOf. Birchwoo�i traffic study Birchwood traffic study. Councilman Elstrom said that some time ago there was a good deal of con- cern about traffic patterns and plans for the Birchwood neighborhood, and that a variety of alternatives were available. She said that when a neighborhood meeting was held, which covered an extensive area, many of the residents thought staff had researched these alterna�ives when -29- City Council meeting minutes January 19, 1981 i n fact, there was no req��est for such � study because none of the resi - dents of the affected neighborhood were present. It was moved by Councilman Elstrom, seconded by Councilman Meland, that staff schedule a neiqhborhood meeti,ng and notify the residents that the pros and c�ns of the various alternatives will be discussed in an attempt to ascertain what the residents of the Birchwood ne�ghborhood want. . The motion passed 7-0. lla. Designation of responsible authority; Resolution No. 6763 NEW BUSINESS Desiqnation of accordance with Practices Act. It was moved by Councilman hleland, waive readinq anci adopt Resolution designatinq a responsible authority Government Data Practices Act." The motion passed 7-0. 12a, Damage claims responsible autho rity in the Government Data seconded by Councilman Martin, to No. 6763 entitled, "Resolution in accordance with the Minnesota MISCELLANEOUS. Sal ly Hal pern 4065 Brunswick St. Lou�s Park, P�1�J By consent, the Council authorized the above claim to be filed with the Ci ty Clerk for proper action by the Ci ty P�lanager and the Ci ty Attorney. 12b. Communications from the Mayor Mayor McQuaid reviewed the events of January 28, 1981 will be Capitol for a Day. schedule of when. Nopki ns She asked who would be attending the National League of Cities conference in Washinaton P1arch 28 to April 3, 1981. It was moved by Councilman �1eland, seconded by Councilman Hanks, to authorize any Councilmember wishing to attend the PJLC conference to qet in touch with the City Manager about reservations and arrangements. The motion passed 7-0. 12c . Corr�nuni cations from the Ci ty Mana�er The City �1anaqer asked Counc�l to �o his memo reqardinq the policy ljquor license violations. refer on It was moved by Councilman Martin, seconded by Councilman tleland Lhat � -30- City Council meeting minutes January 19, 19�1 the City maintain a firm policy of notifying Council of any liquor license violations. The motion passed 5-1-1 (Councilman Nanks opposed; Councilman Ralles abstained). In the matter of Legislative Policies, Councilman Elstrom asked for a definition of a Class I crime. The Administrative Assistant responded that Class I defined the mare serious crimes such as murder, rape, robbery and so forth. He said that a definition would be provided in the next Legislative Policies report prior to the February 2 meeting. Councilman Elstrom asked that staff check into membership in PERA and whether membership was retroactive to being elected to Council. It was moved by Councilman Martin, seconded by Councilman Elstrom, that the dictatinq equipment for the Manager`s office be purchased as recommended in the City Manager's report. The motion passed 7-0. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS� 13a. Verified claims It was moved by Councilman Backes, seconded by Councilman Martin, that the list of verified claims prepared by the Director of Finance and directed to the City Council dated Januar,y 19, 1981 in�the total amount of $623,090.36 for vendors and $8,913.02 for payroll be approved and the City Manaher and City Treasurer be authorized to issue checks in the same amount by a vote of 7-0. 13b. Contract t�avment: Final It was moved by Councilman Meland, seconded Resolution No.-6-�-3— E?'6'� by Councilman Martin, to waive reading and adopt Resolution No. 6723 entitled, "Resolution accepting work on paving, curb & gutter, sidewalk, random repairs, Project Nos. 80-02, 80-06 and 80-20 on Contract No. 1397. The motion passed 7-0. Contract payments: Partial It was moved by Councilman onded by Councilman Ralles the following partial contract payments: P�leland, sec- to authorize 2. Water treatment � remedy study, Hickok & Assac. Amount $1,338.00. 3. Project No. 78-43, control panel modifications; Lee Richert Plumbing. Amount �7,255.99. 14. Adjournment adjourne�l at 9:40 p.m, by a co n4 � �z���.��-) ecre ary On motion of Councilman Ralles, seconded bv Councilman Meland, the meeting was 7-0 vote. -31 �