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HomeMy WebLinkAbout1984/03/05 - ADMIN - Minutes - City Council - Regular (2)MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 5, 1984 1. Call to Order A regular meeting of the City Council was called to order by Mayor Lyle Hanks at 1:30 2. Presentations p.m. None. 3. Roll Call The following Council members were present at roll call: Ronald Backes Larry Mitchell Jerrold Martin Richard Strohl Keith Meland Lyle Hanks 4. Approval of Minutes It was moved by Councilman Strohl, seconded by Councilman Backes to approve the minutes of the joint City Council/Legislators meeting Feb.20. The motion passed 6-0. It was moved by Councilman Backes, seconded by Councilman Martin, to approve the minutes of the City Council meeting held February 20, 1984. The motion passed 6-0. 5. Approval of Agenda It was moved by Councilman Mitchell, seconded by Councilman Martin, to approve the consent agenda for March 5, 1984. The motion passed 6-0. It was moved by Councilman Backes, seconded by Councilman Martin, to approve the agenda for March 5, 1984 with the following addition: Item 10c. Police Civil Service Commission. The motion passed 6-0. Public Hearings 6a. Special permit: 8900 Hwy. 7 Resolution No. - There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-27 entitled, "A resolution rescinding Resolution No. 6101 adopted on September 5, 1978 and granting permit under Section 14-195(1) of the St. Louis Park Ordinance Code relating to zoning to allow a commercial development unit at 8900 Highway 1, 8906-50 Highway 7, 8800 Highway 7 and 8925 W. 36th St." The motion passed 6-0. -36- City Counc-,; t:e ci ng minutes March :, 1584 6b. Hoiyuards request Request of Hoigaard's to vacate a portion of an alley at Xenwood Ave. south of the railroad tracks Councilman Backes asked about a recombination of the properties should the ordinance be adopted, noting this was not mentioned in the staff report. The City Manager replied the owner would be asked to do so. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and con- tinue it at a future date. It was moved by Councilman Meland, seconded by Councilman Martin, to waive first reading of the ordinance, set second for March 19 and auth- orize summary publication. The motion passed 6-0. 6c. Med Center special permit Request of Park Nicollet Medical Foundation Resolution No. &4-28 for a special permit at 4916 Excelsior Blvd. There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Strohl, to waive reading and adopt Resolution No. 84-28 entitled, "A resolution granting permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to permit a medical office for property located in the PUD, Planned Unit Development District, at 4916 Excelsior Blvd." The motion passed 6-0. 6d. Naegele Outdoor Advertising Request of Naegele Outdoor Advertising for a special permit to construct a non -conforming billboard at 9000 Highway 7. It was moved by Councilman Meland, seconded by Councilman Martin, that this item be continued to the meeting of April 16, 1984. The motion passed 6-0. 6e. Burger King request Request of Burger King Corporation for a special permit to permit a Class IV Restaurant at 3650 Aquila Ave. Councilman Backes noted that the Planning Commission vote on this item had been very close, and he requested that a resolution of approval be prepared for the March 19 meeting. It was moved by Councilman Martin, seconded by Councilman Backes, that -37- City Council meeting minutes March 5, 1984 this item be continued to March 19, 1984 (at applicant's request). The motion passed 6-0. 6f. Duraps: Housing revenue bonds The City Manager said that because of the time lapse between Duraps' first request and the present meeting, this item should be tabled at this time. The applicant can reapply at a future date. It was moved by Councilman Strohl, seconded by Councilman Mitchell, to table the item. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Massage parlors, saunas It was moved by Councilman Backes that the letter questionning the City ordinance relative to massage parlors and saunas be filed. The motion died for lack of a second. It was moved by Councilman Meland, seconded by Councilman Backes, that the item be referred to the City Attorney with a direction to advise the City if a change is needed in the ordinance because of discrimina- tion as charged in the letter. The motion passed 6-0. Councilman Martin said he would like to know the letter writers' posi- tion, also where the wording was to come from. Councilman Mitchell wondered if the letter writers had appeared before Council before, to which the Mayor replied many people had appeared before Council on this issue, but that he didn't know if the authors of the letter had or not. RESOLUTIONS AND ORDINANCES 8a. Fire protection systems Resolution supporting enactment of levies Resolution No. 84-26 of special assessments for fire protection systems In answer to a question from Councilman Martin, the City Manager said this item addresses the fact many property owners simply do not have the money to install fire protection equipment to bring their properties up to code. Passage of this resolution would help them with an assess- ment procedure. It was moved by Councilman Meland, seconded by Councilman Martin to -38- City Council meeting minutes March 5, 1984 waive reading and adopt Resolution No. 84-26 entitled, "A resolution supporting enactment of legislation to authorize the levy of special assessments or service charges for fire protection systems." The motion passed 6-0. 8b. 49th contract Labor agreement: Public Works employees Resolution No. 84-29 I.U.O.E., Local No. 49 It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-29 entitled, "Resolution establishing Public Works employees' salaries and insurance contribu- tions for the year ending December 31, 1984." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Comprehensive Plan (Lake Forest proposal) Resolution84-30 Howard George, Lucy Rose Fisher and Everett Freuter, Lake Forest resi- dents, spoke for the modifications the neighborhood association was pro- posing related to the Comprehensive Plan. The association is opposed to the density that would come about with development of the strip of land as proposed by Cheyenne Land Co. They questioned if there had been any thought given to removal of the high tension lines. Mayor Hanks explained the land use mandate of the Metropolitan Council, that this was not a utility problem. Councilman Strohl said State law mandates the City must have a Compre- hensive Plan on file, but that it didn't have to be adopted. The City Attorney said that until the plan is adopted, it is merely a recommendation. Councilman Mitchell felt a plan had to be adopted if it were going to be put into action. The City Attorney said to the best of his knowledge it is not a statutory obligation to adopt a plan. He said the statute provides that unless otherwise provided by the Charter, Council shall adopt it and that the St. Louis Park Charter so provides. He said adoption does not constitute rezoning, per se. The Comprehensive Plan does not override the zoning ordinance. Councilman Strohl asked if the plan prevails as a recommendation, to which the City Attorney replied a two-thirds vote of the Council would prevail. Councilman Meland felt it would be right to first adopt, and then alter. -39- City Council meeting minutes March 5, 1984 The City Attorney said the Charter provides for adoption and then amendment as necessary. Councilman Mitchell asked if it were possible to adopt the plan with a deletion. Councilman Meland said the essence of the Charter provision is that it be a complete plan which can be amended later. He felt it foolish to amend a non -adopted plan and preferred to adopt the plan and then go for- ward with any amendments. Councilman Backes concurred. It was moved by Councilman Strohl, seconded by Councilman Mitchell, to adopt the Comprehensive Plan with the area north of Lake Forest remaining R-1 zoning and the Minnetonka/Dakota area remaining as now zoned. Councilman Backes supported adoption first on the floor and then amending. Mayor Hanks said he could not support this motion. The motion failed 2-4 (Councilmen Backes, Martin, Meland, Mayor Hanks opposed). Councilman Martin said the Comprehensive Plan is really a "wish" list. He felt it was difficult to amend it, that it was a long, tough process. He felt the ideal way to go in Lake Forest was medium density but the time to determine that was at special permit time. Councilman Strohl felt he could support the plan if it will not change present zoning. The City Attorney said that would be a separate proceeding. Mayor Hanks wondered if the zoning were left as R-1, could a condition be incorporated in the plan which would leave it as low or low -medium density. The Director of Planning felt a neighborhood meeting could be held to study land use after adoption of the plan. Mayor Hanks expressed his doubt that single-family homes would be developed It was his feeling that if the Council asked for a land use study by the neighborhood and Planning Commission, no one was going to rush in with housing. Councilman Strohl said the neighborhood would like the Planning Commission to look at all options available. It might very well remain at R-1 zoning. In answer to a question from the audience relative to adoption/acceptance, Mayor Hanks said the process was from the Planning Commission to City Council to Metropolitan Council and back to City Council for adoption. But at any point along that path it is open to amendment, study, refine- ment, etc. -40- City Council meeting minutes March 5, 1984 Councilman Mitchell asked when Council could look at a zoning change, to which the Director of Planning said that would be a nine to ten months' study. Councilman Mitchell asked about adopting the plan with R-1 zoning. The City Attorney responded that the zoning ordinance governs use of land, governs building permits and by proceeding as suggested by Councilman Mitchell) one could find inconsistencies. it was moved by Councilman Meland, seconded by Councilman Backes, to adopt the Comprehensive Plan 1980-2000 and its resolution. The Director of Planning said the Planning Commission would not initiate a study on zoning changes unless requested to do so and he would anticipate that taking 30-75 days. In the interim, the Commission would proceed with its area -wide zoning study. Councilman Strohl felt it could not support the plan in its present form. The motion passed 5-1 (Councilman Strohl opposed). It was moved by Councilman Meland, seconded by Councilman Strohl that the area in question be studied with an eye to amending the Comprehensive Plan so present zoning of R-1 continues. Mayor Hanks said he would support this motion if it were left more open- ended. Councilman Martin said if the Commission would be looking at that area as a Planned Unit Development, cluster housing or similar planning, he didn't think it could be left strictly as R-1 zoning. Mayor Hanks said the area in question was essentially one parcel. The Director of Planning said any subdivision would have to go through the regular processes. Councilman Martin asked if a developer could put up anything they wanted under R-1, but under PUD there would be Council/Commission control. The Director responded that was true. The motion relative to studying the area passed 4-2 (Councilman Backes, Mayor Hanks opposed). 9b. Louisiana Ave. parking Resolution No. 84-31 im wBrien and Norma Roberts, neighborhood residents, said the recommend- ation in staff's report did concur with the consensus of those attending .he neighborhood meeting. It was moved by Councilman Stroh] that the restricted times be changed -41- City Council meeting minutes March 5, 1984 to 7-9 a.m. and 4-6 p.m. The motion died for lack of a second. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-31 entitled "Resolution authorizing installation of parking controls on Louisiana Ave." The motion passed 6-0. 9c. Comprehensive Plan See item 9a. 9d. Mobile Ice Cream vendors Regulations relating to mobile ice cream vendors Glen Bloom, applicant, said he understood Council would need to alter the noise ordinance to permit the ringing of bells on his mobile ice cream vending machines. He said he had been in business for six years in Minnea- polis, St. Paul, Minnetonka and Hopkins. He said their safety record was excellent and that he conducted safety programs for his employees. it was moved by Councilman Martin, seconded by Councilman Strohl, that Mr. Bloom's mobile ice cream vending operation (Blue Bell Ice Cream, Inc.) be exempt from the noise ordinance between the hours of 12 noon and 9 p.m. Councilman Meland requested the noise levels be within the ordinance res- trictions. The motion passed 5-1 (Mayor Hanks opposed). 9e. Preliminary Engineering oo a e s ree lighting Councilman Meland noted the assessment Repo t: portion of the project would require six votes for passage and that he would not be in attendance at that meeting. Mayor Hanks wondered why street lights were being installed at this loca- tion when it was directly involved in the Hwy. 100/W. 36th St. interchange project. The City Manager responded that the street lighting project will be coord- inated with the interchange project. It was moved by Councilman Meland, seconded by Councilman Backes, that the public hearing be rescheduled for April 16, 1984. The motion passed 5-1 (Councilman Strohl opposed). 9f. Planning Commission minutes The minutes of the Planning Commission meetings held February 1 and 15, 1984 were ordered received for filing by consent. City Council meeting minutes March 5, 1984 9g. NRA minutes 9h. Cable TV Commission minutes The minutes of the Housing and Redev- elopment Authority meeting on February 14, 1984 were ordered filed by consent. The minutes of the Citizens Cable TV Advisory Commission meeting held Febru- ary 23, 1984 were ordered filed by consent. UNFINISHED BUSINESS 1Oa. Boards and Commissions It was moved by Councilman Martin, seconded by Councilman Strohl, that Peg Gingerich be reappointed to the Community Relations Commission. The motion passed 6-0. The Mayor asked that a letter be sent to Mark Rosen, thanking him for his service on the Citizens Cable TV Advisory Commission. It was moved by Councilman Mitchell, seconded by Councilman Backes, that Tom Buttrey be appointed to the Citizens Cable TV Advisory Commission. The motion passed 6-0. 10b. Metro -Area Interconnection It was moved by Councilman Meland, seconded by Councilman Martin, that Sharon Larson be appointed a director of the Metro -Area Interconnection Commission. IOc. Police Civil Service appointments Councilman Martin asked that the fol- lowing persons be considered for appointment to the Police Civil Service Commission- Jerome Richter and Jim Dahl. NEW BUSINESS lla. Acme Lumber site Agreement for use of public right-of-way Representatives of the Minikanda Oaks neighborhood presented a petition signed by the neighborhood expressing 841, agreement with the proposed use of land at the old Acme Lumber site. It was moved by Councilman Meland, seconded by Councilman Martin, to authorize execution of an agreement between the City and the developer. The motion passed 6-0. MISCELLANEOUS 12a. Claims By consent, the claim was referred to the City Attorney. -43- City Council meeting minutes March 5, 1984 12b. Communications from the Mayor None. 12c. Communications from City Manager The City Manager read the proposed March 12 study session agenda and asked for any additions. He said it appeared that funding the the Hwy. 100/W. 36th St. project seemed more secure at this point due to his recent conversations with MnDOT. He offered congratulations to Craig Dawson, Administrative Assistant, who has accepted a position as Assistant to the City Manager of Eden Prairie. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified Claims It was moved by Councilman Meland, seconded by Councilman Martin that the list of verified claims prepared by the Director of Finance in the amount of $337,678.95 for vendor claims and $12,344.39 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amount. Referring to the $2375 for flagging charges paid to the Burlington Northern Railroad, Councilman Martin suggested that during bridge construction,the railroad be sent a letter relative to the switching of trains behind Dakota Ave. The motion passed 6-0. Executive Session man Mela nd seconded by to appeal the decision motion passed 5-0-1 with 14. Adjournment The Council adjourned for an executive session. Upon its return to chambers at 9:45 p.m., it was moved by Council - Councilman Martin, to direct the City Attorney of Judge Riley in the Apple Valley lawsuit. The Councilman Mitchell abstaining. a mi ecor in ecre ary It was moved by Councilman Meland, sec- onded by Councilman Mitchell that the meeting be adjourned at 9:45 p.m. -44- U,