HomeMy WebLinkAbout1981/01/05 - ADMIN - Minutes - City Council - Regular2.
3.
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5a .
Cal1 to Or�er
Presentations
Roll Call
� MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
� January 5, 1981
A regular meeting of the City Council was
- called to order by Mayor Phyllis F1cQuaid
at 7:35 p.m.
None.
The followin�
at ro11 call:
Councilmembers were present
Ronald Backes
�1artha El strom
Lyle Hanks
Phyllis
Jerrold Martin
Kei th P�1e1 and
John Ralles
McQuaid
Also present were the City Manaqer,.City Attorney, City.Development Director
and the Director of Public Works.
Approval of Mi nutes
by An�irew J. Shea on page 432 to
have expired.
It was moved by Councilman Hanks, seconded
by Councilman Martin,to correct the minutes
of the December l, 1980 meetinq as requested
show that two years of the five-year lease
The motion passed 6-0-1 (Councilman Ralles abstained}.
It was moved by Counc.ilman
approve the minutes of the
as amended on page 459 to
Elstrom, seconded by Councilman Backes, to
reg►.�lar City Council meeting of December 15, 1980
change the word reinforce to enforce.
The motion passed 6-0-1 (Councilman ��eland abstained).
It was moved by Councilman Ralles, seconded by
approve the minutes of the special City Council
19�0 as arnended to show that Councilman Backes'
the Board of Shel ard �Jational Qank.
Councilman Elstrorn, ta
meeting of December 29/30,
employer is Chairman of
The motion passed 6-0-1 (Councilrian Hanks absta7ned).
Approval of Consent_Agenda
The motion passed 7-0.
It was moved by Councilman Elstrom,
by Councilrnan Meland, to approve the
aqenda for January 5, 1981•
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seconded
consent
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City Council mee�inq minutes
January 5, 1981
5b. A�proval of A9enda
It was moved by Councilman Meland, seconded
by Councilman Ralles, to approve the agenda
for January 5, 1981 with the following ad-
ditions:
Item 7b, Council decorum, as requesteduncilr�anCHanks.
Kiplinq Ave. sewer, as requested by Co
The motion passed 7-0.
6a. Douqlas Corp., Request
for a variance
Resolution No. 6745
PUBLIC HEARINGS
Backes; and Item lle,
Request of Douglas Corporation for a
iance to permit a side yard setback
1212 feet instead of the required 15
at 3520 Xenwood Ave. as described in
of Hearing dublished Dec. 24, 1980.
var-
of
feet
Notice
There beina no one wishinq to speak, the Mayor declared the hearing closed
su�ject to the right of the City Council to subsequently reopen the hearing
and continue it to a later date�
It was moved by Councilman Ralles, seconded by Councilman ��iartin, to
waive readinq and adopt Resolution No. 6745 entitled, "Resolution grantinq
variance in side yard setback from Section 14-173 of the ordinance code
relating to zoning to oermit a side yard of 12z feet instead of the re-
quired 15 feet in the I-1 District at 3520 Xenwood Avenue."
Counci lman Hanks asked staff that i f appl i cant� was wi 11 i ng to encl ose
the dumnster, Council would not be hearina the matter.
The Director of City Development said that was correct.
Councilman Elstrom noted that the minutes of the Board of Zoning �lppeals
stated that the applicant had said the dumpster could be enclosed and
that she wished to move to amend the variance conditional on the enclosure
of the dumpster.
t�layor McQuaid asked if this was agreeabTe to the maker of the motion.
• Councilman Ralles replied that it was not. He sai�d that a
of those minutes revealed the applicant said relocatir�g the
another part of the building would be an inconvenience and
that aciion would be deirimental to the firm's attempts to
,
closer reading
d�n:�pster �o
that he felt
build productivity.
Councilman Elstrom said that the applicant said he was agreeable to enclosing
the dumpster.
t1r. Michael, representinq the applicant, said that it wo uld be possible to
enclose the dumpster, but that the firm felt that solution would be more
unspi�htly than what they were requesting to do, Ne said that mov�nq'��the
dum ster into the building wouid be a definite inconvenience.
Councilman Ralles said that he had visited the
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neighborhood where the
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City Council meeting minutes
January 5, 19�1
applicant's property is located and that there are outside
all over the neighborhood. He said this was not an"unusual
dumpsters
request.
�1r. Michael introduced the architect who enumerated the many projects
undertaken by the applicant to upqrade the site and make it as attractive
as possible such as improving the parking lot, extensive landscaping and
installation of underground sprinklers. Ne said he felt it was somewhat
ironic to be spending�this time talking about a 2 foot encroachment for
the dumpster which seems to be such a minor item compared to the many
major improvements that have been made to the property.
The motion passed 6-1 (Councilman Meland opposed).
6b. Eric Jon Gilster!
for a variance
of .433 instead of
published Dec. 24,
Re uest Application of Eric Jon Gilster for a
. variance at 4051 Wooddale So. to permit
� a rear yard of 8 ft. instead of the
required 25 ft. and a floor area ratio
the permitted .3 as described in Notice of Hearing
1980.
Mr. Gilster addressed the Council to say he was unaware of any problem
with the area ratio. He said a member of staff had sent him Addendum �1
and it appeared that the 3 foot eave overhang on his house had mistakenly
been included in the measurements.
Councilman Hanks said that since the calculation for proposed floor area
had been reviser� from .433 to .3, he would move to approve both variances
should the Mayor wish to close the hearing. ,
The Mayor
Council to
date.
declared the hearinq closed subject to the right of the City
subsequently reopen th� hearing and continue it to a later
It was moved bv Councilman Nanks, seconded by Councilman Martin, to
approve the request f.or the backyard setback and request for adjusted floor
area.
Councilman Backes pointed out that there was no resolution attached to
staff's report because the Board of Zoning Appeals had moved to deny the
reques+. It said it would appear the appropriate action was to make a
motion directing staff to prepare the app ropriate resolution.
Councilman P�artin withdrew his second to Councilman Hanks' original motion.
It was then moved by Councilman Hanks,
direct staff to prepare the appropriate
dimensions with regard t� the proposed
rear yard variance.
seconded by Councilman Martin, to
resolution incorpo►^ating specific
addition as�iwell as permitting the
The motion passed 6-1 (Councilman Backes opposed).
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City Council meetinq minutes
January 5, 19a1
6c. Homestead Developers�
Request for variance;
Resolution No. h746
7a.
Appl i cati on of Hor�estead Devel opers
for a variance at 3901 W. 31st St. in
lot width, lot area and side yards as
described in Notice of Hearing pub-
lished Dec. 24, 19d0.
Mr. Ed Haske addressed �:he Council on behalf of ihe applicant to sa,y
that if the variance is not approved, no building �assbe constructed
on the propert,y, rendering the lot virtually wo rth e
1�1ayor McQuai d asked i f P�1r. Has k� understood that the recommendati on
fr�m the Board of Zoninq Appeals was for Council to approve the variance.
He sai� that he did understand thai;.
Councilman Plartin asked if the proposed single fiamily home was to be
financed by the 235 program.
Mr. Haske sa�d that was correct.
There bein� no one further v�rishing to speak, the ���layor declared the
hearinQ 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 Ra11es, seconded by Councilman Martin to
waive reading and adopt Resolution No. 6746 entitled, "Resolution granting
variance in lot width, area and setbacks from Section i4-143 of the
Ordinance Code relatinq to zoning to permit a lot width of 44 instead
of 60 feet and side yards of five and ten feet instead of 6,000 square
feet and side yards of five and ten feet instead of fifteen feet and
one-half the building height."
The motion passed 7-0.
� PETITIONS,
Beltline Boulevard
COMMUNICATIONS,
REQUESTS
Request of John A, ��larshall to address
the Council.
Mr. John A. Marshal 1, 6615 5th Ave. So, , h1inneapol is, addresse� the Coun-
cil on behalf of his client, R�chard Anderson of Anderson Development,
Inc. He said that P1r. Anderson would like to req«est the City of St.
Lo�ais Park sell a riqht-of-way owne,-f by the CTty for the pur ose of de-
vel opi nc� i t i nto a through street cal 1 ed "Bel �tl i ne Boul evardp" He sai d
that he would also like to present details of P�r. Anders '
industrial development for the forrner 8ass Lake rail °n s proposed
sketches of the proposed industrial/business developmentdand ou Showed
the plan. tlined
Councilman Hanks asked if Mr. Anderson had an option with t
he railroad.
Mr. Marshall said that the railroad will not make a�eci '
sion on the
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City Cou�cil meeting minutes
January 5, 1981
7b.
matter until the City of St. Louis Park makes a decision on whether
or not to sell its riqht-of-way. �
Cou�cilman Hanks saicl he felt Council was in a peculiar situation at
this time as it had been told by a representative of the railroad
that th�re were no plans for this area and that Council was also
told t�r a man fror� Acme Lumber that they were desirous of having the
City dut in a road.-
t1r. Marshall said he would rec�uest that his client speak with the man
from Acme Lur�ber to c�etermi ne thei r pl ans .
Councilman Elstrom asked if Mr. Anderson`s proposed plan might not be
affected by the plans for the liqht rail transit corridor.
Mr. P�larshall said he would be talking with his client about this and
asked if the plan was more than rumor at this time.
Mayor McQuaid
and suqqested
the railroad.
said that plans for the transit system were under consideration
that Mr, rlarshall ought to speak with representatives of
Councilman Martin�said that the proposal
sent�d to staff in the usual manner.
should be developed and pre-
Mayor Mcf�uaid thanked Mr. Marshall for his presentation.
Council decorum Councilr�an Qackes said that out of
k tt d-
effPctive
cF�ambers
deference to the non-smo ers in a en
ance, he woiald like to move that
immediately there would be no smoking permitted in Council
on Council's side of the rail.
The motion was seconded by Councilman Meland.
Councilman Qackes said tal;inq the smokers into consideration that perhaps
it would be possible to take more frequent breaks during Council meetings..
Counci lman Ral 1 es sai d he woul d 1 i ke �:o recornr.�end no more than one break
during a Council meetinq.
The motion passed 4-3 (Councilmen Elstrom, Martin and Ralles opposed).
RESOLUTIONS AND ORDINANCES
Tow trucks
It was moveci b.y Councilman
waive first readin�I and set
First reading of ordinance relating to
the parking o�F •tow trucks on or �ear
resic�ential use district properties
(deferred from December 1, 1980).
I�anks, seconcled
second reading
r J �
by Councilman Elstrom, to
fo►� January 19, 1981.
City Council mee�ina minutes
Januar,y 5, 1981
Counci lman �1a
rtin said that he was strongly opposed to the ordinance
' ten. He said that the City has awarded towinqhe°Wasamost �
as wri t
liqhten the burden on po7ice vehicles. He ks�arehaarked on residen-
sympathetic to the neighbors where �0s onse tine on the part of tow
tial streets, but that he felt the re p
trucks to drivers in distress was very crucial. He Sa�dehtow°truckupport
thP ordinance if it specified park�pq of no more than on
in a residential neighborhood.
P�ayor McQuaid said she wondered if tow truck operators were aware
that Council was workinc� on this ordinance as she had not received any
calls,
Staff responded that tow �truck operators had not been informed of that
�fact.
It was moved by Councilman Backes to defer �:he matter to January 19,
1981 allowing staff time to look in�o the matter further.
Playor P1cQuai d sai d there was a moti on on �he fl oor wh i ch i:ook precedence .
Councilman Hanks said he felt-the appropriate time to change the
wording of the ordinance would be at second reading and he would let
his motion stand as made. �
The motion as made by Councilman Hanks passed 6-1 (Councilman Martin
opposed).
� 3b. Building codes
First reading of ordinance in re
amendments to buildinq code.
Mr. Dan Motzko, 4129 Wooddale So., addressed the Council. He said
there were several areas he had questions about, among which was the
increase in fees.
The City Manager said the fee structure was last reviewed in 1976.
Councilman P-1artin asked if the Code Compliance inspection fee was
not in error on the report, that the increase was to $30, not to $46. '
Councilman Backes asked staff to look into the matter.
Mr. Motzko thanked Council and said that his only concern was that
neople in the community often asked questions about the increases and
he, as one workinq in the community, wanted to be able to answer heir
questions. t
It was moved by Councilman Hanks, seconded by Councilman Martin,
waive first readinq of the ordinance and set second reading for
January 19, 19�1, and requested that staff look into those items
of durinq the discussion.
Councilman Elstrom inquired why the term "toilet" does
the listing of fixtures. She said she dic!
not b�� ieve
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brought
not appear in
anyone finds
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C1Ly Council r:ieeting minutes
J�nuary 5 , 19i31
the term offensive and she thouqht this fixture should be called by
its name in common usaqe. _
Mayor McQuaid said she believed �he term "water closet" had been
used instead to designate that fixture.
Councilman Backes suqgested staff look into this matter also.
Councilmen Hanks and Martin left the chambers.
The motion passed 5-0.
8c. Ordinance in re lanqua
reqardinq rear
Ordinance No.
ards
9e
set
cks ;
Second reading of ordinance in re
languaqe of ordinance concerning rear
yard and setbacks.
It was moved by Councilman Meland, seconded by Councilman Ralles, to .
waive second reading and adopt Ordinance No. 1491 entitled, "An
Ordinance amending the St. Louis Park Ordinance Code relating to
zoning by amending section 14-104, definitions, sub-sections (46),
(48), (49), (5�), (51), (52), (53), (54), (55), (56), (57), and (58)."
The motion passed 5-0.
Councilman Hanks returned to chambers.
REPORTS OF OFFICERS, BOARDS AND COMMITTEES
9a. Planning Commission
meeti ng ini nutes
9b. Board of Zoning Appeals
meetinq minutes
9c. Housinq � Redevelopment
Authority meetina mi;
9d.
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Community Relations Commission
meetinq minutes
Health Advisory
meeti nc� mi nutes
Commi�tee
The minutes of the Planning Commission
meeti ncs hel cl December 10 and December
17, 19�0 were ordered filed by consent.
The r�inutes of the Board of Zoning
Appeals meeting held December 4, 19�30
t�rere ordered filed by consent.
The minutes of the Housinc� & Redevelopment
Authority meetinqsheld December 9 and
16, 1980 were ordered filed by consent.
The minutes of the Community Relations
Commission meetinq held December 11, 1980
were ordered filed by consent.
The minutes of the Health Advisory
Committee meeting held September 24, 19�0
were ordpred filed by consent.
Councilman Martin returned to chambers.
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City Council meetinq minutes
January �, 19$1
9f. Ordinance in re
d�iressi n� of bui 1 di nqs
9g.
First readinh
th� ad�iress� ng
of ordinance regulating
9f buildinqs.
a
. a�� th�� �he Inspectional Services �Ceaasmwe1l
Mayor McQua i c1 s
an
d Fi re Depart,ments provi ded i nput to thi s ord� na
Comm�m i t_Y Rel ati ons Comm� ss� on.
I� was moveci by Counc�Secondlreadmnq
waive reading and set
seconded by
for January
Counci 1 man
19, 1981.
the Police
as the
Ralles, to
Councilman Backes said he could see some potential probleossibilitq
such as i s one d�par�tment qoi nq to pol i ce �n�S Pl annancJ � i n carryi ngy
of conflict between Inspectional Services a
out the ordinance, conflict wi�h the present sign ordinance, and so forth.
Councilman Martin said that the proposed ordinance seemed to cover
all minimums and maximums and if someone were unhappy they could see
the City Manager or the Inspectional Services Depa rtment or as a
last result, bring their problem to Council.
Councilman Elstrom saicl that the
been workinq on this for three to
thanks for their efforts.
The motion passed 7-0.
City-owned properties
.
Community Relations Commission had
fiour years and they deserve Council's
City-owned
prooerties.
properties; tax-exempt
It was moved by Councilman Hanks, seconded by Councilman Ralles, to
accept the report.
Councilman Hanks said he felt this was an area that Council should
be looking closely at soon with so many homes cominq off the tax rolls.
Councilman Meland said he felt it was very important to
number of non-public organi,zations. He said he felt it
to look at the legitimacy of some of these organizations
for tax-exempt status.
look at the
was important
in qualifying
Counci lman El strom asker.{ staff i f the exerfipt orqani zati ons were exempi
vi a State or Federal 1 a�r� or i f the Ci ty had any di screti on to so speci fy.
The City Manager said the City had little discretion and that most ex-
emptions were mandated by State law.
The r�otion passed 7-0.
9h. Louisiana Ave. bridqe
Resolution No. 6
�
Resolution for eligibility for
Federal funds for Lo��i si ana Ave./
Burlington Northern bridc�e.
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Ctty Council meeting minutes
January 5, 1981
It was moved by Councilman Ralles, seconded by Councilman Martin, to
waive reading and adopt Resolution No. 6747 entitled, "Resolution
authorizinq the Commissioner of Transportation to act on behalf of
the City for Federal funds for the Louisiana Ave/Burlington Northern
bridge."
The motion passed 7-0.
9i . Rec�uest of TCF Serv�i ce
Co rp •
Resolution No. E748
Request of TCF Service Corp. for an
amendment to a special permit,
Oak Park Village.
It was moved by Councilman ��eland, seconded by Councilman 1�lartin, to
waive reading and adopt Resolution No. 6748 eniitled, "Resolution amending
Resolution 6193 granting permit under Section 14-124 of the St. Louis
Park Ordinance Code relatinq to zoning to permit a 12II-unit condominium
multi-family development for property located in the PUQ, at 3300
Louisiana Ave. So." �
The motion passed 7-0.
9j. General Growth E�
Development: Request
in re Knollwood
- Request of General Growth & Development
for an amendment to a special permit
to allow a 4-screen theater, Class III
restaurant and amendments to land-
scapinq at Knollwood �1all.
Mr. Herb Davis, representing General Growth � Development, adcJressed the
Council. He explained that the application was a request to permit a
4-screen theater and cafeteria at Knollwood Mall. He showed visual
materials describing the proposed plan. He said the Planning�Commission
has approved the nlan subject to certain conditions one of which is
the plantina of trees on the north side of 36th St. He said that since
General Growth does not own the land on the north of 36th, he fe1t this
must be an error.
The Director
36th Street.
of Planning said that the report shoul� have stated south
Mr. Davis said his client accepted all of the conditions contained in
the Planninq Commission report with the correction of the tree planting
location. He said that the theater would be of the Plit�t chain, showing
four seaarate movies with a central lobby. The t�estaurant will be a
Bishop's Cafeteria, currently located throughout Iowa, Ohio, Indiana
and I1linois, described as a homey-type restaurant with a wide variety
of good food. He said that General Growth would also request a theater
reader board with exposure to Highway 7 since the theater has exposure
only to 36th Street.
Mr. Larry Zimmerman, resident of the neighborhood and a member of�the
Planning Commission, said that the proposed design for the theater
reader board as presented to the Planninq Commission �Nas so sketchy the
Comnission felt it could not proper1y act on the request. He did say
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City Council meetin�
January 5� 19��
minutes
that as far
as the neiqhborhood meeiinq was concerned, there was unan-
• roval for the restaurant and outs�de °alSofethentheater con-
imous app , eneral approv
the type of films to be shown, a 9
cept.
Also, there were some concerns expressed about the parking
situation.
Councilman ��eland aske� �finentseinethe
other Planned Unit Develop
The Director of Planning saicl that
is one in front of the Cooper which
desiqnation.
reader
City.
boards in any of the
Shelard does not but that there
was therefore prior to PUD
Councilman Meland said he would not like to see
type of siqn and he recalled that when Shelard
approved by Council.
a prol i ferati on of thi s
requested it, it was not
After a discussion about the possibility of other tenants aiso wanting
expanded siqnage at Knol lwood, Counci lman Hanks sai d he hoped that
General Growth would understand that Counci 1's approval would be for only
one such reader board at' Knol lwood and that i t vroul d be up to
General Growth as to what would be advertised. �
Mr. Davi s sai d that P1r. Phi 1 i p Enql e of the P1 i tt Theaters had sai d
ihe reader board was an inteqral part of the theater and would be the
only one permitted.
It was moved by Councilr�an Ralles, seconded by Councilman Hanks, to
approve the request with the recommendations of staff and direct that
staff work with General Growth representatives on the reader board
and brinq back a design to Council and to make the necessary cor-
rection in the landscaping �hase of the proposal .
i
a:�cl t� �•�ai »� rca�i;�q and adopt Resol uti on No . 5749 enti t�i ec� ,"qesol ;:�i u�;
amendinq Resolution No. 6615 adopted August 18, 198Q amending Resolution
No. 6534 adopied April 7, 1980 amending Resolution PJo. 6430 adopted
November 19, 1979 amen�ing Resolution No. 6�97 adopted January 2, 1979
amending Resolution No. 5161 adopted November 6, 1978 granting permit
under Section 14-124.101 of the St. Louis Park Ordinance Code reiating
to zoning to permit modifications to the sign plan for a shopping center
located at 8020-8440 Hiqhway 7."
A resident of the neiqhborhood asked if there would be additional
ing, of the mercury vapor type, in the back of the theater which
residents found offensive and also was something to be done about
�rubbery on 36th St. So, whi ch resi dents fel t was i nadequate.
P1r. Davi s sai d
cerns about the
at the back of
light-
the
the
that the additional trees planned would solve their con-
shrubbery and that there would not be additional liqhting
the theater which would disturb the residents.
The motion passed 7-p,
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City Councii meeting minutes
January 5, 1981
10a, Boards and Commissions Appoiniments to Boards & Commissions.
It was moved by Coun�ilman Hanks, seconded by Councilman Meland, to
continue the Numan Rights and Community Relations Commissions for one
more year.
lOb.
Councilman Elstrom suggested materials describina the function of
each Commission b.e sent to all members so that they can determine
if they are doing the work as originally intended.
Councilman Hanks revised
or ordinance establishing
member for revi ew and for
are doing.
The motion passed 7-0,
his motion to include that the resolution
each Commission be sent to each Commission
them to establish if this is the work they
Councilman Ralles said he would like to nominate Vicki Lindgren and
Dan Dornfeld to the Parks & Recrea�tion Commission.
The motion passed 7-0.
Mayor McQuaid said that she would be serving as Council liaison to the
Community Rights Commission and that Councilman Elstrom would be
liaison to the Human Rights Commission.
Mayor P�cQuaid asked that staff contact Mr. Ward Hurd to see if he
miqht be interested in serving on the Community Relations Commission.
It was moved by Councilman Elstrom, seconded by Councilman Meland to
�iscontinue the Heal�th Advisory Committee.
Councilman Meland said he would like some type
to each member of the Nealth Advisory Commiitee
their work along aiith the letter notifyinq them
of the committee.�
The motion passed 7-0.
Nickels and Dimes
Proposed
P�a11 .
of certificate sent
thanking them for
of the discontinuance
amusement center, Knollwood
Mr. Herb Davis, representing Genera�� Growth, reviewed the background
of General Growth's proposal for an amusement center located within
Knollwood Mall. He displayed a copy of the 1977 ordinance governing
the PUD districts and detailing land use. He said that accordinq to
the language of the ordinance and a�ttached exhibits, ii appearedPUD
that any shop leased to a tenant is a perm��tted use within that
district, and that the building permit initially should have been
qranted. He said that when it was not approved, his client applied
to Council for a special permi�. He passed out additional material
includinp a list of shoppinq malls throughout the Uni�ted States
developed by General Growth which con�:�in amusement centers and a
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City Counci 1 meel:i n9 rr17 nutes
January 5, � 9�1
list of Nickels & Dimes' op
erations which are contained in shopping
malls. He also discusse� the lanqua9emen��businessmwhicheregulatesw�h
has with tenants in this type of a mu
its operations. In summation, he asked that Council permit the
manaqement of Knollwood to selec�: encommunityeandethendeveloper�eir
choice to the mutual benef7t of th
Cathy P�anning,
3425 Zinran So., said she was a neighborhood resident
who was in suppor� of the Knollwood Mall concept, but that she was
aqainst the amusement center, feel�ing it would encourage children to
hanq out at the shopping center and potentially get into trouble.
Euqene Grohlke, 3420 Rhode Island, said he has always appreciaied
the Knollwood Cenier and as a father, is con�erned with the moral clima
of it today and opposes any type of amusement center.
Larr,y ZimmPrman, 3415 Texas, reported briefly on the neighborhood
meetinq at a�hi ch Nickel s& Dimes' representati ves made i ts presentation.
He said that at the end of the r�eeiinq he asked the attendees to sign
a paner regarding their �reference and all 16 of those who cii� sign
arere opnosed. Those 16 people plus signers at another meetinv and
mi scel 1 aneous 1 etters recei �ced tota 1 ed 61 out of 62 respon�ients i n
opposition to the amusement center.
In response to a q�estion by Mayor P�1cQuaid, he said he did not ihink
that all respondents had seen the Plickels & Dimes' presentation. In
conclusion he said that this type of center has no place in Knollwood
P1a11, that he is concerned about the lack of age restriction and th�t
he feels it teaches children bad habits. He said that f rom a planninq
standpoi nt, i f i t i s al l oweci i n Knol lwood, i t can be a 1 i owed anywhere.
Vonnie Blount, 3543 Texas, stated that the neighborhood does not
want this type of operation in their neighborhood.
Councilman Backes reviewed the backqround of this matier from Council's
�oint of view, stating that on December 15, 1980 Council approved and
adopted the recommendation of staff that amusement centers not be
allowed as principal use or as special permit use in any of the
districts and should be treated as an accessory use to an allowed
principal use, He said in his opinion this type of use cannot be
allowed unless the zoning ordinance is changed.
Councilman Martin said it was h1s understanding Council's position was
to allow this type of use as an accessory use which would not pro-
hibit ifis being in Knollwood. He said thai he feels the controls
promised by the management of Knollwood were quite adequate. Ne said
he did not feel that 61 persons in opposition out of the 900 plus
letters sent out represented a s�gnificant public outcry aqainst the
amusement center.
Councilman Meland commented that if any persons wanted this a�►use-
ment center might they not be in attendance to support it,
It was moved by Councilman Meland, seconded b Cou ' ackes, to
y n c i 1 rza n B
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" -- -- - -
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City Council meetinn minutes
January 5, 1981
lOc.
lOd.
deny the special permit,
The motion passed 6-1 (Councilman Martin opposed).
Public Safety Alarms
Publ i c safety al arms .
It was move�i by Councilman Hanks, seconded by Councilman Meland, to
direct staff to hold a public meeting to discuss the options presented
in staff's report.
Councilman Ralles said he would like to see Option 3 defined more
ful 1 y and as ked i f staff had any i nput .
Councilman P1artin said he still has the problem with the definition
of what is a false alarm and who is to determine whether it was
false or not.
Councilman Hanks asked how this is determined presently.
Councilman Martin said by virtue of lack of evidence, that is no
marks on doors indicating entry and so forth.
Councilman Ralles said that looking through liquor license appli-
cations, the ma,jority of violations seemed to be employee error.
Councilman Elstrom said many of the false alarms seem to be due
to faulty equipment and perha�s alarm users could pay a fee to have
thei r ec�ui pr�ent i nspected .
Councilman Ralles said he would oppose that as it would be unfair to
those not experiencing false alarms.
Councilman Martin said he would be interested in hearing what the
other communities are doing.
The motion passed�7-0.
Ben Weber
Adjustment:
December 15,
Ben Weber
198Q )
(deferred from
Co�ancilman Backes said he must oppose awarding of any adjustment. He
said he felt the HRA had inadequate findinps of fact upon which to
base their aci�iustment. He said he would like to see any adjustments
made in the future by the City carry the stipulation for all times or
language o�F a similar nature.
P�1ayor h1cQuaid
in goo� faith
at fault.
said she has heard comments about the Gity not acting
in tf�is matter but that she believedthe City was not
It was moved by Councilmen
approve the adjustment.
Meland, seconded by Councilman Mar�tin, to
The moti on fa i 1 ed 3--4 ( Counci 1 men Backe� , El strom, Hanks ,��layor
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City Council �9eeting minutes
January 5, 1981
McQ��ai d opposed) . -
10e. West 36th/Hiahwa 100
Resolution No. 6750
West 36th Street/Highway 100 improve-
ments.
Councilman Hanks, seconded by Councilman Meland, to
It was moved by 6750 er�t i tl ed "Resol uti on
waive reading and adopt Rhe°noisenabatement requirements for the
requesting except�on to .
West 36th Street/Highv�ay 100 interchange lmprovement project."
The motion passed 7-0.
lOf. Charter Commission
Charter Commission
of attorney's'fees.
request for payment
t�1r. William Hanley, chairman of the Charter Commission, addressed
the Council to discuss the background of ihe Charter' Commission's
request for payment of attorney's fees with regard to the drafting
of the Code of Ethics.
He said it appears the issue is not governed by any Supreme Court
decisions but the issue appears to come down to one phrase in
Statute 4.1006 which states Commission members may receive no compen-
sation but the Commission is allowed to hire an attorney to assist
in the framin�, drafting or amending the Charter. He asked for
Council's consideration with reference to the appropriateness of the
Charter Commission using part of their budget to pay for services for
which they have contracted anci to ask the City Attorney's office to
take a second look at this issue and render an opinion on any
guidelines that may be applicable.
Councilman Hanks said it is Council's position not to pay af ter the
fact and that no one from the Charter Corrnnission appeared prior to
the contractinq of the attorney's services. He asked if the production
of all new Charters would not take most of i;he Commission's �1,500
budget.
��r. Hanley said it appears the printing will
and they usually print only 50 copies or so.
coming to Council would have been futile by
on the Code of Ethics.
only cost $i.00 a copy
Ne said the Commission's
vi rtue of Counci 1's feel in
In ans��er to Counci 1 man Hanks' s tatement that the Commi ss i on di d noi
visit wiih the City Attorney on this issue, Mr. Han1ey said that in
talkinq with the City Attorney it was decided involvement by that
office would be a conflict of interest.
Councilman Meland asked if the Commission's attorney had aided in
the framTng of the amenciment.
Mr. Nanley said it had not.
Councilman Meland said it w�uld a
in an official capacit �pear the Commission wa�
Y when hirinq the attorney and th�t
-ln-
not actinq
he cioes nOt
City Council meetinq minutes
J an ua ry 5, 1981
believe Council pays for any attorney hired in a private matter.
� Counciln�an Hanks asked if Council had the authority io pay the attor-
ney's fee. He said he did not want to discuss the matter until
hearinq what the City Attorney's opinion was. He said that with the
recent enactment of the Code of Ethics, Council should be very careful
to be sure it is not taking an illegal action.
Councilman Elstrom said that Councilman Meland's comment that the
attorney was not hired to assist in drafting of the amendr�ent as
noted in the Statute seemed to be the only point of concern. She
said the Commission stated that that was not their reason for hiring
the attorney and therefore according to the Statute, Council cannot
pay the fee. •
Councilman Meland said it should be made clear the City Attorney said
Council could not modify any amendment that the Commission submitted .
but that the question that went on the ballot was Council's exclusively
to determine.
P�ayor McQuaid asked the City Attorney for comment.
The City Attorne,y responded that it vras the opinion of that office
that for Council to pay the attorney's fees would be an unauthorized
use of public funds.
It was moved by Councilman Backes, seconded by Counci1man Elstrom, to
deny the request by the Charter Commission for payment of the attorney's
fee.
Y
The motion passed 7-0.
lla. Time extension, street
lighting
NEW BUSINESS
Time er,tension for street lighting
contract.
It was moved by Councilman Hanks, seconded by Councilman Backes, to
approve Change Order No. � for Contract �1402 to extend the completion
date for Premier Electrical Construction Company's contract with the
City from March l, 1981 to June l, 1981.
The motion passed 7-0.
llb. Bid tab: Fuel dispensing
system
Bid tabulation: �uel recording/fuel
dispensing system. .
It was moved by Councilman PReland, seconded by Councilman Martin, to
I the low responsible bidder and
desic�nate Pump and Meter Service, nc.
that staff be authorized to execute a contract for the purchase of a
Petrovend 3000E in the amo�ant of $13,285.00 with tha�t firm.
The motion passed 7-0.
iK_
�,
r __ - '
R� • �-: '�.. �: -
City Counci 1 meet�i nq inii�u�es
January 5, 19�1
11c. Local �9
Resolut� �
lld.
lle.�
12a.
It was maved
waive readinq
establ i shi ng
for the yea rs
6751
L.ocal 49, Wa9e ar�d fri nc�e benefi t
set�lemenr. -
by Councilnian Martin, second�d by Councilman Me�and, to
an� ��opt Resolution No. 6751 entitled, "Resolution
publ i c works empl oyees sal ari es and i nsurance contri butions
endi nq �ecember 31 , 1981 ancl 19�2 ."
The motion passed 7�0•
Super, vi sar�P05 i�i ons
It was moved by Councilman
accept the recomm�nclations
on the recl�ssification of'
The motion passed 7-0.
Reclassi�fication of supervisory
posi�ions.
Hanks, seconded by Councilman Meland, to
contained in the City Manager's report
supervi sory pos�i ti ons .
Kiplinq Ave. sewer ^ Councilman Hanks said a citizen had
h' din the sewer
on Kinlinq.
i n �!�e se��ve r
this problem.
Damage claims
contacted im regar g
backup north of the Jiffy Car lJash
�le sai�! �the gentlemen was understandinc� about the increase
rates , bu�; woul d certai nly appreci ate someone 1 ooki nq into
Councilman Hanks asked �hat staff look into the matter.
MISCELLANEOUS
None.
12b. Communications from the Mayor McQuaid reminded Council of the
Mayor speci al mee�ti nq on th� Capi tal Improve-
. ment Plan �o be held at 5:00 p.m, on
January 12. Following that meeting,
the persons interested in the opening on the Fire Civil Service Com-
mission will be interviewed. Councilman Hanks offerecl to sit in on
the interviews with �layor P�IcQuaid and Councilman Mari:in since Council-
man Backes will not be able to attend.
��layor McQuaid said she would like to tr holdin a town meeting aqain
and woul d 1 i kP to pl an the fi rst one for March.g She sai d i t coul d be
published in the Ci�y newsletter.
Councilman Martin said he wauld not attend because he felt in the past
they had been a fai 1 ure wi th very few or no one atiendi ncl.
Mayor P1cQuaid said she would like to qo ahe�d anyway, ancf if no one
attended at least she would fee1 she tried.
Councilman �lstrom suqgested holding t�n open town meetinc� rather tha�
by wards, thus encouraging better �ttendance.
�
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City Council meeting minutes
January 5, 1981
P�ayor Mc(�uai d sai d she
better addressed if the
of as an open meeting.
12c. Comr�unications from the
Ci ty P�anager
13�.
13b.
14.
P
felt each ward's particular problems could be
town meetinq were held ward-by-ward insiead
It was moved by Councilman
direct staff to remove the
on Cedar Lake Road.
The motion passed 7-0.
CLAIMS
Veri fied cl aims
The City Manager asked if there were
any questions pertaininq to the report
on St. Louis Park vs. Golden Valley.
Backes, seconded by Councilman Meland, to
"No Right Turn" and "No Left Turn" si,qns
APPROPRIATIONS AND CONTRACT PAYMENTS
None.
Contract payr�ents, Final It was moved by Councilman Meland,
Reso. Nos. 6752, 6753, 6754 seconded by Councilman Martin, to
waive reading and adopt the following
resolutions for final payment: Resolution No. 6752 entitled, "Reso-
lution accepting work on street reconstruction, san�itary sewer and
related N�ork, Project Nos. 79-35A and 80-23, contract No. 1407'.';
Resolution No. 6753, "Resolution accepting work on paving, curb and
gutter, Project Nos. 77-26, 78-41, 79-41, �0-05, 80-07,� 80-08,
80-25, 80-38, �0-40, contract No. 1390'.'; and Resolution No. 6754
entitled, "Resolution accepting work on sanitar�y sewer and watermain
Project Nos. 79-42 and 80-19, Contract No. 1339".
The motion passeci 7-0.
Contract pa,yments, Partial
partial contracts:
It was moved b.y Councilman Meland,
seconded b,y Counci lman P�artin, to
authorize payment of the following
Project Nos. 80-11, 80-12, 80-15, 80-17, 80-26, 80-30, �0-41, 80-11A,
80-47, BO-48, street lighting, Premier Electric. Amount $20,949.15.
Project 80-01, 80-28, 80-42, 80-49, 80-56A, 80-�6B, paving, curb,
qutter, parking lot, alley paving, Northwest Asphalt. Amount �3,295.98.
Westwood Nills Cen�ter, Bud Johnson Construct.ion. Amount: $19,Q35.00.
The motion passed 7-0.
Adjournment
��C'�i�ti� �
at Smith, Recording Sec.
�
On motion of Councilman P1artin, seconded
by Councilman Ralles, the meeting was
adjourned at 11:10 p.m. by a 7-0 vote.
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E