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HomeMy WebLinkAbout1988/12/12 - ADMIN - Minutes - City Council - Regular 4111 , MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 12, 1988 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Resolution 88-183 Resolution recognizing Bob Bolmgren Mayor Hanks read a resolution recognizing Robert Bolmgren's 34 years of service to the City. Mr. Bolmgren was ill and not able to be in attendance. Staff will see that the resolution is delivered to him. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia Larry Mitchell Thomas Duffy Keith Meland Keith Meland Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works and the Acting Director of Planning. 4. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the minutes of the November 21 , 1988 City Council meeting. The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the minutes of the November 28, 1988 City Council meeting (continuation. ) The motion passed 5-0. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to approve the minutes of the November 28, 1988 study session. The motion passed 5-0. 5. Approval of agenda It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the consent agenda for December 12, 1988 with the removal to the regular agenda items lla and lib. The motion passed 5-0. ' It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve the agenda for December 12, 1988. The motion passed 5-0. 411/ PUBLIC HEARINGS 6a. Wholesale Club Application for a liquor license Frank Heisel , vice president and comptroller on the Wholesale Club, was present to answer questions. -238- City Council meeting minutes December 12, 1988 Mayor Hanks asked about signage. Mr. Heisel said there is currently a large sign stating Wholesale Club. They plan to the lower right of that another sign, smaller in nature, that would say TWC Liquor and below that Open to the Public. Mayor Hanks said that when a license was granted to Costco, the understanding was there would be a separate entrance to and from the liquor store. That was never done. He could not support the request unless there Has an entirely separate entrance to the liquor store. Mr. Heisel said they were willing to install a separate door if the City and state feel that is appropriate for conducting the business. Mayor Hanks did not believe this was a state requirement; rather it was a concern of the City. Customers had to be members of the Wholesale Club to shop there but the liquor store, by law, was open to the general publicand he felt the two operations should be separate. Councilmember Duffy concurred. He said if there is not a door on the west side of the building from the liquor store, it appeared one must be a member of the Wholesale Club to get into the liquor store. Councilmember Battaglia said that from his reading -of the statute, as long as they did not intend to sell anything in the store but liquor, there was no requirement for them to have a separate entrance. The Mayor said he felt the question was what Council wants in their community. He did not want customers under the erroneous impression that they must be members of the Wholesale Club to purchase liquor. Councilmember Mitchell asked if the eight existing off-sale liquor stores all have separate entrances. Mayor Hanks said that Byerly's, even though directly connected to the store, also had a separate entrance which also has a large sign. Councilmember Mitchell asked on what basis could the application be denied. Mayor Hanks said that Council has always been told by the City Attorney that any decision about liquor licenses is strictly up to the Council . He was not sure a reason had to be given. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. The City Manager, alluding to the City Clerk's report, indicated that Council 's concern about a separate entrance had been addressed wherein the emergency exit was suggested as a potential separate entrance. Councilmember Battaglia felt as long as it was obvious to the public that the liquor store was open to the public - not just Wholesale Club members - there was really no reason to make them reconfigure their building. -239- City Council meeting minutes December 12, 1988 4111 . Councilmember Duffy reiterated once again that people going into the liquor store because they are members of the Wholesale Club will believe they are buying liquor at wholesale which is illegal in Minnesota. A separate entrance to the liquor store will eliminate that perception. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to- approve with the stipulation that the overhead door remain closed and that the area marked emergency door on the sketch be used as the exit and entrance to the liquor store area. Mr. Heisel said they would be agreeable to putting in a separate entrance. He said they preferred to put a door in the front of the building as opposed to using an emergency exit around the corner. He said he felt they could accommodate a separate entrance with a separate sign within 60-90 days. The motion passed 4-0 (Councilmember Meland was absent) . PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a, 8b, 8c. MEPC Ordinance vacating easterly 370 •4111 ft. of Gamble Drive; Registered land survey; and Special permit to construct a parking ramp It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to defer all three items to December 19, 1988. The motion passed 5-0. 8d. Class IV restaurant 5601 Wayzata Blvd. It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to defer to December 19, 1988. The City Manager said that when this item first came before Council , the number of parking spaces being discussed was 51 . Now the easement for parking purposes contemplates 36 spaces. He asked Council its opinion. Councilmember Mitchell asked how that would affect the ratio that was previously discussed. The Acting Planning Director said that since 1981 a number of parking reductions had been granted to the property. Under the current ordinance requirement, if the building were to be built today, the parking requirement would be close to 200 stalls. He said the site itself has 66 stalls and the applicant is proposing 36 additional for a total of 102 stalls. Staff is recommending that no further reductions be granted and therefore 51 would be preferable to 36. Councilmember Mitchell said he continued to find this situation between the hotel , the theater, the retail a perplexing one. He said one could argue that let the market decide, i .e. , if there is insufficient parking, people won't shop there. -240- ' i F . r r 1 r City Council meeting minutes December 12, 1988 Councilmember Mitchell said that a reduction in parking spaces does increase III his concerns. Mayor Hanks, asked if a study had ever been done on that parking area and is it ever completely filled. He said on the many occasions he has gone to the hotel , he's never had difficulty parking - maybe not right next to the door, but certainly not a long walk. It was his understanding that designating this a diversified development district was that theater parking could be used during the day, the office building could be used at night, the hotel some , of both. The Acting Planning Director said parking counts had been taken in the area at various times. He was not aware that at any given time all lots were full . The motion passed 5-0. 8e. Parkwood First Addition Resolution giving approval for final Resolution 88-184 plat of Parkwoods First Addition It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-184 entitled "Resolution giving approval for final plat of Parkwood First Addition." The motion passed 5-0. 8f. Street improvement assessment rate Establishment of 1989 assessment rates for residential street improvements It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to maintain the 1989 assessment rate for residential street construction at $16.00 per assessable foot reflecting a charge of $5.50 for curb and gutter and $10.50 for street improvement costs. The motion passed 5-0. 8g. Water/sewer rate adjustments It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive first reading and set second reading for December 19, 1988 Councilmember Battaglia felt the fund balances were being depleted significantly. He cautioned that in the future sufficient fund balances should be maintained. The motion passed 4-1 (Councilmember Meland opposed) . 8h. 1989 dental insurance It was moved by Councilmember Duffy, Resolution 88-185 seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-185 entitled "Resolution providing for City participation in premium payments for dental insurance- for certain City employees." The motion passed 5-0. -241- . City Council meeting minutes December 12, 1988 4111 8i . Proposed 1989 salary adjustments It was moved by Councilmember Meland, Resolution 88-186 seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-186 entitled "A resolution revising the position classification plan and amending Resolution 87-208 effective January 1 , 1989." Councilmember Battaglia noted that these increases were covered in the 1989 _ budget. The motion passed 5-0. 8j. Police/fire pensions Pending legislation It was moved by Councilmember Meland, seconded by Councilmember Duffy, to direct staff to work with the League of Minnesota Cities, an actuary and affected cities to determine the effect to the City of the pending legislation and that Council authorize the expenditure of $3,000 as the City' s estimated share of research and actuarial costs of this issue. The motion passed 5-0. Councilmember Meland wanted to point out that his support for this agenda 4111 item did not necessarily mean he would support relevant legislation that may be proposed. 9a. I-394 Traffic overlay ordinance The City Manager gave a brief update on the progress of this item and referred to the memo prepared by the Acting Planning Director. He said staff would not expect the ordinance to be before Council before January. 9b. Parking: Louisiana Ave. Development of parking along 2645, 2641 and 2637 Louisiana Ave. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to direct staff to design parking bays along 2645, 2641 and 2637 Louisiana Ave. and take bids for the construction of the improvement in 1989. Further, to authorize staff to execute a letter of understanding which allows for the remodeling of 2637 and 2641 Louisiana Ave. while retaining parking in the front setback until such time as the parking bays are constructed and the setback area is landscaped. Councilmember Battaglia wanted to make sure that in the letter of understanding mention would be made that the landlord gives to the City the property. The City Manager said it was the City's intent that that would be so specified in the agreement. The motion passed 5-0. 9c. City Hall office hours Status report It was moved by Councilmember Meland, seconded by Councilmember Duffy, to receive the report for filing. The motion passed 5-0. -242 City Council meeting minutes December 12, 1988 d. Planning Commission minutes November 16 lit e. Parks and Recreation Commission meeting minutes Nov. 9 Minutes ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the following appointments: • Jim Gainsley to the Board of Zoning Appeals; Art Summerfield to the Cable TV Advisory Commission; Judy Strohl to the Planning Commission and Ken Huiras to the Parks and Recreation Commission The motion passed 5-0. Mayor Hanks said that somehow misinformation had been published which said that the School District appointed the youth representatives to City boards and commissions. He asked the City Manager to let board/commission chairs know that the City Council makes those appointments. He reminded Council that appointment of youth representatives was currently on hold. NEW BUSINESS lla. Liquor licenses Renewal of intoxicating licenses11 It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the renewal of 1989 intoxicating liquor licenses contingent upon staff's receipt of fees, renewal documents and payment of property taxes as indicated on staff's report. The motion passed 5-0. llb. Liquor licenses Renewal of non-intoxicating licenses It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the renewal of 1989 non-intoxicating liquor licenses as listed in staff's report. The motion passed 5-0. llc. Gambling license renewals By consent, gambling license renewals were approved. lld. Legislative liaison Request of City Attorney to assist City in legislative matters. Mamie Segall , 2732 Monterey Ave. , addressed Council with her concerns re this item. She had three concerns about the proposal : She was opposed to the City hiring a paid lobbyist for $15,000 a year because the information the lobbyist proposes to give to the City is available from sources the City already pays for or sources that are free, i .e. the two representatives and state senator, the League of Minnesota Cities and the Association of Metropolitan Municipalities. -243- City Council meeting minutes December 12, 1988 illShe felt the legislators were available at any time to address concerns of the Council . She alluded to the lobbyist's proposal and noted that the lobbyist would not be effective in areas such as taxes _and property matters as far as the Legislature's agenda is concerned. She noted that in areas of recycling and groundwater protection, the proposed law firm may be in opposition to City Council policies because of other interests they represent. She was also opposed to the process the Council used to hire a lobbyist. She felt interviewing only one prospective firm was misguided. Councilmember Mitchell provided background information on the City's experience with a legislative lobbyist over the past three years. He said the firm was experienced in lobbying and since they already represent the City, retaining them as a lobbyist was a natural extension of their relationship with the City. He felt the City experience with the firm has been very positive. He felt it was quite impossible for the City's legislators to be aware of all committee work and everything going on at any given time in the Legislature. He said with a new City Manager and no Assistant City Manager, it was especially important to have a lobbyist who can work closely with the City Council on legislative matters. He said that in the past the breakfast meetings with the legislators involved Hopkins and Minnetonka as well and were not designed to specifically serve the needs of St. Louis Park. He noted that all of the City Council members are employed fulltime and it was not advantageous for them to be available for 7:00 a.m. meetings. Councilmember Battaglia commented that the Council , being parttime, was in 4111 no position to review between 500 and 1500 bills coming before the Legislature and the City' s three legislators were in a similar position. Granted , they would be in a position to address any specific item brought to them by Council . Councilmember Meland said as far as the Popham, Haik firm was concerned, Council was aware of whom they lobby for, their other governmental clients and their private clients. He said the firm has apprised Council of any conflicts that might arise and have been very straightforward. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to authorize the expenditure of $15,000 for a legislative liaison and retain the Popham, Haik firm for those services. The motion passed 5-0. lle. Director of Community Development It was moved by Councilmember Meland, seconded by Councilmember Duffy, to confirm the City Manager's appoint- ment of David Hagen as Director of Community Development. The motion passed 5-0. MISCELLANEOUS 12a. Claims James vs. SLP Police Department 41/1 By consent, claims referred to City Clerk and City Manager. r -244- City Council meeting minutes December 12, 1988 12b. Communications from the Mayor None. 12c. Communications from the City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated December 12, 1988 in the amount of $479,881 .82 for vendor claims and $14,075.95 for payroll claims was approved and the City Manager and City Treasurer authorized to issue checks in the appropriate amounts. 13b. Contract payments 1 . Final payment: J. P. Norex, storm sewer reconditioning. Amount: $12,008.88. By consent, motion to waive reading and adopt Resolution 88-187 entitled "Resolution accepting work on storm sewer reconstruction, City project 88-16, Contract No. 1865." 2. Partial payment: J. P. Norex, sanitary sewer extension. Amount: $5,364.78 3. Partial payment: Shafer Contracting Co. , alley paving. Amount: $24,271 .98. 4. Partial payment: Veit & Co. , pond expansion. Amount: $119,998.50 5. Partial payment: Lantto Construction, interior remodeling of City Hall . Amount: $31 ,901 .95. By consent, partial payments approved. 14. Adjournment The meeting adjourned at 8:45 p.m. 1 Mr or ecording ecretary i -245-