HomeMy WebLinkAbout1982/02/16 - ADMIN - Minutes - City Council - Regular1. C�il to O�der
2. Presentations
3. Roll �all
Fi1fNJTES
CITY COUHCIL F�ETIHG
ST. LOUIS PAQK, MINNESOTA
February 16, 1982
7he rneeting was called to order by Mayor
Phyllis McQuaid at 7:30 p.�+.
1layor Mcquaid read a proclar�ation in honar
of Huwan Riqhts Meek, February 12-20. The
proclanatio� was accepted by John Iacono,
Chairnwn of the Numa� Ri�hts Coa�ission.
The fol loNing Counci lmer�bers +�rere present
at roll call:
Ronald Backes Keith Meland
Lyle I�anks John Ralles
Jerrolc! ►tartin Richard Strohl
Phy l l i s F4cQua i d
Also v��sent ti+ere the Ci ty Hana�ier, Ci ty Attorney. Di rector of Planninc�.
CSty Enqineer and Director of Parks and Recreation.
4. MQroval_ of Ninutes It was moved by Councilu�an Ralles, seconded
by Council�an Backes, to approve the min-
utes of the City Council r•�eetlnq held Feb-
r�iary 1. 19�2 as present�d.
ThP rbtior� passed 6-n-1 �Councilman Meland abstained).
it N��s ��ved b� Counc:ilrnan Nanks. seconded by Councilrwn ltartin, to approve
the miniites of the spec�al City Council meetinq held February 1, 1982 as
t�resented.
The p�otion oassed 6-0-1 (Councilnan Neland abstainedj.
5. A�roval �f A�enda It was a�oved by Councilnan 1leland, seconded
r by Council�aan 1lartfn� to approve the
consent a�enda for February 16, 1g32 wit�h
thp ad�iition of iter+ •9i . Decerfipr Financial Report.
T►�e motion rassed 7-�.
It Kas noved bv Council�an Ralles. secanded by Councilman Flartin, to
a��rove the a�en�ta for February 16. 1932 with the addition of item lOb,
RPco�nr.nciation to staff re�ar�iing cor•sau�ity budqet cuts.
jl�e rxit. iun �a�c�d 7-0.
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City Council r�eting minutes
February 16, 1982
PUQLIC NEARINGS
Warehouse Application for an4212-4�a�LaketSticating
6a .����_ �� r 1 i quor 1 i cense at
(MGM Liqiior Warehouse)(continued from
February 1, 1982)•
Y,ay Boesch, 3925 W. 31st St., �1, addressed b�itted to Counchl Wnshed
to remin�l them of the petition prev�ously su
onposition to this matter. She sais �nsePto1CouncilmanlBackesl�question
store in the area was enough. In re p
where she was employed, shr. replierf Lindsey Brothers.
Larry Pless, o�vner of Liquor King, said approval of the application would
be detrir,�ental to his business and reminded Council of the petition
si�ned fror� other City liquor dealers ex�ressing their opposition.
Geralcl Frish, attorney for the applicant, said he wanted to respond
to the allegations of t1r. ��ess' attorney, Mr. Arnold, relating to violations
of the state statutes. He stated the P16M was neither a wholesaler nor a
franchisor, that they had applied for a private label�just as many other
1 i c�uor deal ers have done and that tl�i s v�as not an i ssue i n questi on . Wi th
rec�arcl to the cl ose proxi �i ty of both establ i shments , t1r. Fri sh stated
a siMilar situation existed in Golden Valley and that both stores were
enjoyin� e�ood husiness. f�e discussed the close proximity of a number of
liquor stores on Excelsior alvd.
Councilman Backes askecf about the status of the lease on the prer�ises.
Itr. Frish said the leas� arran�ements ��iere in order with applicant to
lease with an o�tion to purchase t��ithin 1 year.
Councilrian Backes asked about the status of the apolicant's loan appli-
cation. �
t1r. Lar�oreaux said that he and the bank were still talking, awaiting
Council's decision. He said tliere were several ways to negotiate the
financina ancl there was a possibility another party would be joining thus
easinq thP financin� situation.
Paul Solstad said he would like to reiterate hi�s remarks of six weeks
aqo when liP state�i the City was amply served by its present cor�pler�ent
of Yiine and spirit shops. He cormiented that had been Councilnan Martin's
feelin� also.
Councilman Martin said his i��ain concern was the franchisor/wholesaler issue
which h�irl h��n r�salve�i 1;n i�is satisfaction by the �itt�rney's �pinion.
Nr. llrn�ld, representinc� t•1r. Ness of Lic�uor Kin�, s�id it appeareci to him
the attorney's o�inion was based on what a state liquor investigator ancl
tl�e applicant's attorney tol�1 him. I�e said the applicant was still a
wholesaler, wholesalincl a prfvate label which rias in violation of state
statutes. Ile believ�ci the applicant's attorney's references to distances
City Council meetin� minutes
February 16, 1982
between various liquor stores in St. L�uis Park to be arquable. He
conclu�ed his remarks by statinq the residents' concerns should be
the Council's concern. -
�layar t•1cQuaid inquired why this had not been challenaed in other
comnunities.
Mr. Arnold responcied that to his knowledqe, most other corm�unities were
not face�i with this type of franchise operation pr000sal and that perhaps
he v�as the first to raise it.
�layor NcQuaid suc�gested the issue had not been raised becau5e it was n�t
a violation.
�tr. Arnold said although that might be true, he would like to see further
suhstantiation of the City Attorney's opinion.
Councilrian 1lartin stated, and Mr. Arnold agreed, that if MfM were not
involved in the issue, there probably would not be such active opposition.
Hc� further stated that if.the franchise system were illega] by state
statute, Council wo�ild not be discussin� the matter. He said that the
petition of both residents and liquor dealers was after the fact as the
ori�inal license had been issued in 197�3.
There beinq no o�e further �vishing to speak, the Mayor closed the hearinq
with the riqht of Council to thereafter rPopen and continue it at a future
date. •
It v�as r�oved b,y Cauncil��ian Strohl to deny the application.
The motion died for lacl: of a second.
It was r��ve�i by Councilr�an !1�land, seconded by Councilman Martin, to
aporove the application of 14Gt1 Liquor Warehouse for an off-sale intoxicating
liquor license at 4?.12 W. Lake Street.
Mavor !1cQuaid said she wante�i to reassure the petit�oners that their feelings
were not innore�i by Council. She said t#�e original rn-sale application brought
c�reat op�osition from *he neinhborhood. She commented that the issue of
traffic to be qenerated by this liquor store was not relevant when compared
to ttie traffic �lenerated by a pop�ilar cielicatessen operation.
Co��ricilnan 1lartin �aid that he was opoosed to issuance of the application
but that tl�ere was no legal basis upon which to deny the license.
(L F{ � D 5 �oa�.� � -
The ri�tion passe�i �-2 (Council�����n Ra11Ps ahsent from chambers).
6b. Ordinance ai�endment;
Tire rPcappina �
Proposed ordinance chanqe: To oermit tire
recappinq in the I-2, Industrial District
ihrrr beinq no �ne wisliin�� to s�e�ik, the tlayor declarecl the hearing closed
wif,ii the ric�l�t of Co�,nc.il to th�re�fter reopen and continue it a� a future
�iat:e. '
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City Council meetinq minutes
February 16, 1982
It was moved by Councilman Meland, seconded by Councilman Backes,�to
deny the proposed ordinance amendment.
The motion passed 6-1 (Councilman Martin opposed).
6c. Qrdinance amendment;
Dr� cleanin� establ�shments
Proposed ordinance a�endment to allow
dry cteanin� establishments with route
pickup and delivery in the B-2, Business
District
Herb Davis, 4043 Excelsior Blvd. spoke on bel�alf of the applicant.
I�e reviewed the current zoning and gave background on why Nevens desired
to relocate their plant. fle showed a layout of the proposed facility.
He said there v�as one problen relating to vehicles in that some of the
�rivers take their vans home in the� eveninq and some leave them on the
premises, storaqe of which is prohibited by the ordinance.
Councilman Martin said that part of the ordinance could be changed before
it� a�aption, specifying it vras �ermissible to store vans outside but
not trucks.
Hr. Davis said that the dumpster will also be located outside as in many
car�mercial operations.
Co�m cilnan Backes said that o�itsicie storage was often acceptable if
screr.ned from view.
�tr. Davis respon�ied th�t would be done
Councilman Meland aske� if t�ie ordinance ar�endment would not require
publishin� to which the City htanae�er responded yes, tonight's action was
just first reading, •
Councilman Hanks wonclered if the Nevens operation intended to expand.
Hr. Wildmo, president of the company, said it was their i�ope to expand in
the fiiture but not at the Pti nnet�nka� Bl vd . 1 ocati on .
It �vas r:�oved by Councilman Meland, seconded by Councilnan Martin, to waive
first reading and set second readin� for March 1, 19�32 as amended.
The.�o}ion passed 7-0.
PET I T IO��S , P.E(�UESTS , C0�1t1UP� I CAT IONS
7a . Qi nc�o
f3a. Political Activit�
An ap�lication of Holy Family School
Men's Clul� to c�ncluct binqo was orde►'ed
filed by consent. �
P,ESOLUT IO��S & ORDINAtJCES
First rea�iinc� of ordinance amendinq
political activity orclinance.
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Ci ty Counci 1 r.�eetin� mi nutes
February 16, 19�2
C�uncilman f�ackes saici there was a potential conflict in paragraph (6)
betv�een paraqraphs (�) and (c).
The City tlananer said that could be remedied by insertinq the phrase "...
on the municipality's c�overninq body, or any other office ... with
nunicipal em�loyment. .." frnm �ara�raph (a) also into paragraph (c)
after the words, "part-time public office ...".
Counci lman Flel anci wondere�i i f tlii s ordi nance was i n confl i ct wi th
Chapter 12 of the City Charter.
The City Manaaer said he would check that out and reply.
Co�mci lr�an "1el and asked i f the aforementioned parac�raph (c) would affect
soneone e-lected to another city's Council. •
The City Manaaer said the s�►�e stipulation would apply as worded in the
� amended paraqraph.
It w�s moved by Councilr�an �leland, seconded by Councilman Ralles, to
waive first reading and set second reading of the anended ordinance for
!larch 1 , 19i�2.
The r�otTon passed 7-0. .
ab. Er�erqenc�v snow Parkin� First reading of an ordinance relating
. to emer�ency snow parkinq
Th� Ci+.y ManaclPr said this ordinance r�as v�ritten at Council's request, and
staff was requested to prepare a list of the problem streets. Fle said it
��ould be in the best interests of the City to withold total enforcement
unless tl�ere was another problem snowfall and/or the streets became a
re�ititive problem.
Coiincil�an Martin asked how Council could pass an ordinance and then
arbitrarily enforce it.
The City ilanaoer replied a section could be added deeming when the ordinance
was enforceable based on the opinion of the City Manaqer.
Co��ncilnan Backps asked how the streets were to be posted.
The City �lanaqer said temporary siqns would be posted on telephone poles or
staked in the snow on the streets wi�ich �vere � problem for snow removal and
then on the streets tivith the on-qoing �roblems.
It was r�oved by Councilr�an Hanks, seconded by Councilman tleland, to deny
passa�e of the or:tinance and tl�at staff call an er�erqency meetinq if weather
conclitions s� dictate�i.
The noti�n {�assed 7-0.
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City Council �eeting minutes
Febru�ry 16, 19a2
REPOpTS OF OFFICERS, BOARDS, COM"1ITTEES
PER: Siciewalk, 7exas �ve. Preliminary engineerfnHirhwart; Sidewalk,
9a• Texas Avenue south o 9 Y
Councilman Melanci said tl�at in reference to the assessnent rate, he would
like to see the rate si�ilar to the Minnetonka/Quentin project of last
year, not to excec�d �3.00/foot.
It was noved by Counci lr►an P1el an�i, seconded by Counci lman f�anks that the
aer foot assessed rate not exceed `:i.00/foot.
Councilr�an Nanks asked whicl� side of the street was affected.
Co�mr.ilnan tleland said only the east side as the west side lies witl�in
Hopl:ins.
Councilr�an Rackes asked if there were sor�e way the trees could be preserved.
The City Engineer said if easements were able to be obtained, it was felt
r�ost of the trees could be saved by pavinq behind them.
Council�an Ralles askeri for clarification as to what assessed rate would
he, S16/foot as stated in staff's report or $3.00/foot as rroved by Council-
n�n �1e1 and .
Co��ncilman Ileland said he suqc�ested,the $3.Q0/foot rate because that was
what a siMil�r project was assessed at.
The vote on Councilnan �t'eland's r�otion passed 7-0.
It was moved by Councilnan hlelancl, seconded by Councilman Hanks, to set
the nuhlic hearin� on t��e project for tilarch 15, 1982 and that in the r�eantir�e,
staff pursii� the subject of savin� tl�e trees.
The notion passed 7-0.
9b. Park permit fees
Permit application and fees for park
USQ
It was move�i hy Council��ian �4elancl, secondecf by Councilman Strohl, to adoot
the per�it application and fee structure.
The r�otion passed 7-�.
9c. Traffic s�t�ud_�� Florida north
af N. 23r�� St: ----
�esolutiori iJo. 7Q69
Traffic study Plo. 27�3: Florida Avenue
north of W. 23rd Street
It was r�oveci by Council��ian ftalles, seconded by Councilr�an t�telan�l, ta
��aive rea�linq an�i aciopt Resolution No. 7069 entitlecl,
installation of no-parkin4 and one-hour parking controlseon1FloridauAvenuein9
South."
The mc�tion passeci 7-q.
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City Council neeting minutes
February 16, 19�2
9d. 19R2 bus pl�zas Preliminary enqineering report: 1982
bus plazas
It was r�oved by Councilr,ian Ralles, seconded by Councilnan Meland, to
allow the t1TC to install the proposed bus plazas. �
Coiincilman flanks ask�ci if Project 81-32, Quentin Ave. and Excelsior
[�lvd., wcre part of the re�levelopraent district and if so, how would
thi�s project proceed.
Councilrian P1artin su��este�i the Housinq and Redevelopment Authority
b� directed to c�nsider it as a part of the overall redevelopment
project. �
The motion passed 6-1 (Councilman Strohl opposed).
It was moved by Councilman Hanks, seconded b.y Councilr��an Backes, to
request HRA review funding of project B1-32 using tax increment
monies.
The notion passed 7-0.
9e. HTc�hway 7/Quebec Ave. HiQh�vay 7/Quebec Avenue sic�nalization
sign�l project
Co�incilman �leland said there was yoinq ta be a real probler� for the
►-esi�ients on the soutf� side of 1lighway 7 should the Highway 7/Quebec
intersection be clos�d. '
It was r�oved by Council�an �leland, seconded by Councilman Hanks, to
not conduct the 30-day intersection closure experiment and allo►� F1nDOT
t� proceed with thP siqnalization project.
The motion passed 6-1 (Councilman Ralles opposed).
9f. Fresh Promise: Miend sP -e—ci�—al Fresh Promise: Rec�uest to amend special
per� t�� eso ution a.�T6 permit relating to signage.
1n response to a question, Pa�il Ridgeway, representinq Fresh Promise,
said that the siqn'i•�ould be 1�40 feet on the front of the buildinq and
Z5 feet on the east side.
It was rioved by Councilman Hanks, seconded by Councilman Meland, to
v�aive r•eadin� and adopt Resolution No. 7070 entitled, "A Resalution
�nx�ndin� Resolution No. 655� a�loptecl May 19, 19�0, grantinq permit
im�ier Section 14-1?_4.1p1 of tlie St. Louis Park Ordinance Code relatinc�
t� zoning to �Prmit r•���io�lelinc� and site modificatians t� Fiiracle Mile
I�ro��rty located in �i PUD. ('lannecl Unit Develapment District, located
�it 5q�3-54?!i Excelsic►r f31vd. anci 4995 Excelsior (�lvd."
The mot,ion ��assed 7-U.
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City Council meeting minutes
February 16, 19a2
9g.
9h.
9i.
10a.
Commission The minutes of t�e Z�a�19II� We eission
P1 anni nc� meeti nc� of Janua y �
m�nutes ordered filed by consent.
Streets t� Hi hwa s The minute��etina�heldeJanuary�19Wa1982
Co'mm t ee r�� n� Comm� ttee
were ordered filed by consent.
Financial F:eport _
[ioards and
Comnissions
The Decer�ber financial report was ordered
filed by consent.
UNFIWISHED BUSINESS
The followinq appointments were made, all of
which passed iinanimously by a 1-0 vote:
Plannin� Conmission: Allan I�enry
Community Relations.Commission: Maxene Benson, Susan Kopher, Eugene
Altstatt, David Wexler, Yvonne NJiese
It was moved by Councilman Meland, seconded by Councilman Ralles, to
reappoint Robert Snith to tl�e Fire Civil Service Commission.
Tlie moti�n passed 7-0.
lOb. Bud�et cuts Councilr�an Hanks expressed his concern
" — about rumors, misinformation and so forti�
circulatinq rec�ardin� budget cuts. He cited, for example, corx7ents that
if the junior athletic proqram is cut from the School_District, the Gity
will take the �rograM over. He said it's goinq to become a very ticklish
situation because �eople have a tendency to believe all necessary cuts
' are goinq to be absorbed in sone way. He said the cooperative spirit of
the School District and the Citv in workinq thr�uc�h these cuts has been
illustrated by the pr000sed sunmer program.
It was moved by Councilnan Hanks, seconded by Councilman Backes, that
staff be instructed to respond to any questions regarding bu�Jget cuts
by statin� any and al 1 proposc�d reductions wi 11 cor�e before tf�e Ci ty
Council first before�any decision is made, and that no decision will be
nade until there is a thorouc�h review.
The moti on �assed 7-(1.
NEIJ QUSIt�ESS
lla. Linuor license violati�n Liqiior license vi�lation: �l's Liquor
(�ottl e Shop
It was moved by Councilman Hanks, seconded by Council�an ^tartin, that
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City Council r�eeting minutes
February 16, 1982
an administrative hearino be set for t�arch 15, 1982 to review a liquor
license violation occurrinq at Al's Liquor Bottle Shop.
The motion passed 6-� (Councilman Ralles absent from chambers).
llb. Rid tab: Street materials Bid tabulation: 1982 street work
materials
It was moved by Councilman �leland, seconded by Councilman Ralles, to
desic�nate Fischer Sand an�l Aqgregate as the lavrest responsible bidder
for sand and that Vikinq Disposal and Buildinq Services and Buesing
arathers Truckinq each share one-half of the crushed limestone bid.
The motion passed 7-0.
12a. Uamaqe claims
��ISCELLA��EOUS
Leland Riste
Flarqaret J. Dore
Dennis N. �este
!�y consent, it was r�oved to file the claims with the City Clerk for
proper action by �the City �lanaqer and City Attorney.
12b. Corr�unications fror�
thc avor
ftayor P1cRuaici reported� that the Exchange
Club had recently honored Phil Soltvedt
of the Police Oepartr�ent.
She reported receipt of a cor-r,iunication from the Depart�ent of the
Interiar citinn the f'eavey grain elevator (situated on the Nordic Ware
�roperty) as a natianal historic landmark.
The �layor reminded those present of the Town Meeting, Ward l, scheduled for
February 22.at 7:30 at Eliot Cormwnity Center.
12c.- Communications fron the T�ie City Manac�er reported there has occurred
Ci t�_anac�er � a repriori ti zi ng of � fundi ng for the Hi qhway 100/
— 36th St. intersection redesic��. The earliest
�urchase of riqht-of-way will occ��r is the fall of 1982.
Ne sai:f expenditures to �iate for snow/ice removal were $63,000 compared
with $38,000 this time last year.
Ile reported several neetinqs on the w�ter problem have been scheduled
durinq the National Leaque of Cities.conference in Washington.
kie sai�1 that a meetin� an rental hoiisin� was schecluled for the followinq
Tl��irscia,y anci that he an�l Co�incilman •tlartin woulcl he attendincl a meetinq
t� voice th�ir o��positi�n to tl�e Fl�nnepin County proposal for free
�iis�►atch service.
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City C�uncil meeting minutes
February 16, 19a2
CLAIMS, APPRQPRIATIOt�S AND COWTRACT PAYHENTS
13a. Verifieci clair�s It was moved by Councilman lleland, seconded
by Councilman ��artin, that the list of
verifieci claims prepared by the Uirector
of Finance and directed to the City Council dated February 16, 1982
in tlie total amount of �353,312.92 for vendor claims and $13,257.53
' for �ay►-oll be approved and the City ��anaqer an�i City Treasurer be
� auth�ri�zed t� issue checks in the same ariount by a vote of 7-0.
11b�. Cont�act �ayr�ents None.
14. 1ldjournment It rias r�oved by Council�an Meland,
seconded by Councilman Hanks that the
meeting be adjourned at 10:00 p.m.
bv a vote �f 7-0.
� / - .
�'
t mith, ec�r in� Secretary
f � �� . � �� �
� �� ��
�1ayor ,
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