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HomeMy WebLinkAbout1988/03/21 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 21, 1988 1 . Call to order The meeting was called to order at 7:30 by Mayor Lyle Hanks. 2. Presentations None. 3. Roll call The following members were present at roll call : Bruce Battaglia Allen Friedman Thomas Duffy Lyle Hanks Councilmember Strand arrived at 8: 15 p.m. Also present were the Acting City Manager, Director of Planning and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, 7, 1988 meeting. The motion passed 4-0. to approve the minutes of the March It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the minutes of the March 14, 1988 study session. The motion passed 4-0. 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to approve the consent agenda for March 21 , 1988 with the removal of lla. Gambling license renewal . The motion passed 4-0. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve the agenda for March 21 , 1988 with the addition of' llb. Light rail transit. The motion passed 4-0. PUBLIC HEARINGS _ 6a. Godfather's Pizza Application for 3.2 beer license Don Zebrak, representing the applicant, was available to answer questions. There being no one wishing to speak, the Mayor declared the hearing closed 111/ with the right of Council to thereafter reopen and continue it at a future date. Councilmember Battaglia asked if there were a pending sale of Godfather's Pizza by Pillsbury. hr. Zebrak said he was not high enough up to know the details. -59- City Council meeting minutes March 21 , 1988 It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve the application. 411 The motion passed 4-0. 6b. Smith property Amendment to Comprehensive Plan: East side of Virginia Ave. between 28th St. and Burlington Northern Railroad Mayor Hanks said the attorney representing Mr. Smith on agenda items 6b and 6d has requested a continuance of both items to April 4, 1988. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to continue item 6b and 6d to April 4, 1988. The motion passed 4-0. Sc. Park Edge Addition Preliminary plat There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen it at a future time. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the preliminary plat. Mayor Hanks asked the Planning Director what / next step. The Director 4111 responded that the PUD and special permit hearing is being scheduled before the Planning Commission. The final plat will be acted upon after that hearing. The motion passed 4-0. 6d. Smith property Continued to April 4, 1988. 6e. Appeal of Zoning Administrator 9445 Minnetonka Blvd. Sam Stern, representing the applicant, asked that the matter be continued' to April 18, 1988. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to continue the hearing to April 18, 1988. The motion passed 4-0. REQUESTS, PETITIONS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Securities for collateral Resolution 88-36 It was moved by Councilmember Battaglia, 41 seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-36 entitled "Resolution approving securities for collateral from Park National Bank, St. Louis Park, MN" The motion passed 4-0. City Council meeting minutes "larch 21 , 1988 11111 8b. Garbage/refuse rates Second reading of ordinance Ordinance No. 1739-88 It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to waive reading and adopt Ordinance No. 1739-88 entitled "An ordinance amending the St. Louis Park Ordinance Code Section 9-307 garbage/refuse service rates." The motion passed 4-0. Mayor Hanks said he had a number of calls in which residents were under the impression that if they didn't put anything out, they would be charged at $3.00. It was his understanding that as long as they don't put it in with the garbage they are still welcome to compost their own at no cost. 8c. Interruption of police Second reading of ordinance Ordinance No. 1740-88 It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to waive reading and adopt Ordinance No. 1740-88 entitled "An ordinance amending the St. Louis Park Ordinance Code related to offenses against public administration: Section 12-1001 ." The motion passed 4-0. ,18d. Capital Improvement Program 1988-1992 10 (C2W. No. 88-37 It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-37 entitled "Resolution approving Capital Improvement Program 1988-1992." Mayor Hanks said expenditures by categories for years 1986 and 1987 could be provided to Councilmember Battaglia. Councilmember Friedman referred to item 4, Completion of landscaping around City Hall garage in 1988, and asked what that meant. Mayor Hanks said it was his recollection that before anything was done, it would come back to Council . Councilmember Duffy noted that according to the report, that item was excluded. Councilmember Friedman said he would vote for the Program as long as the five items in the report were not to be included in the CIP. There was some confusion voiced as to exactly what was meant, and Mayor Hanks asked for clarification from the Director of Public Works. The Director said the five items listed in staff's report were items about which discussion took place re CIP proposals for 1988-89. It was his understanding that items 1 and 2 were the shifting of projects from one year to the next year 1110 at the direction of Council . Item 3 had been discussed but not incorporated. There was a directive on Item 4 that an amount be included in the budget for landscaping in 1988 for the City Hall garage. He said the use of the word -61- City Council meeting minutes March 21 , 1988 exception refers to the fact that these five items were not in the Program at the4111 time of Council 's recent review. Mayor Hanks said that these items would have to come before Council for approval during 1988. Councilmember Battaglia said it was his understanding that Council is not at this point authorizing every project and he had no problem with adopting the resolution as long as each one comes back before Council . Councilmember Friedman said he does not see the necessity of Council authorizing the expenditure of upwards to $10,000 for the Manager's design of a landscaped area on the roof of the garage. He pointed out the words "completion" and "consideration" in items 4 and 5, feeling he would have less trouble if a project was a consideration rather than completion as it usually is a fait accompli 90 percent of the time when it gets into the CIP. Mayor Hanks suggested changing the word completion to consideration in item 4. Councilmember Friedman said that would be agreeable as long as the project comes back to Council for a vote. The motion passed 4-0. 8e. Traffic study 386 Parking , restrictions along south , Resolution 88-38 side of W. 28th St. from Joppa Ave. west 30 ft. 411 By consent, motion to waive reading and adopt Resolution 88-38 entitled "Resolution authorizing "no parking" signs along the south side of W. 28th St. from Joppa Ave. west 30 ft." REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. February financial report By consent, motion to order filed. 9b. Request for neighborhood meeting W. 25i St. , Vernon to Alabama 3y consent, motion to direct staff to hold meeting. 9c. Satellite dish Request for installation of Resolution 88-39 satellite dishes at Newport on Seven Dale Crepeau, representing Dominium Management, was present to answer questions. The City Attorney distributed a memorandum relating to the City's regulatory authority relating to satellite dishes. He said the City has previously approved satellite dishes both as special use and as accessory structures pursuant to a building permit. In studying the case law, prohibition of satellite dishes has been struck down by the court in one case. Under his interpretation of FCC regulations, the answer to the question can the Council prohibit the installation of satellite dishes is no unless it prohibits all types of antennas. If it does not prohibit satellite dishes throughout the City, can it in fact regulate them. The answer is yes, subject to FCC regulations. It would be the City Attorney's -62- City Council meeting minutes ?larch 21 , 1988 opinion that under past practices, the Council can and should consider • the special permit as they would consider any other special permit in their quasi judicial capacity. Should the City in the future wish to expand its regulation of satellite dishes as part of its zoning code, it would have to satisfy the FCC requirements outlined in the City Attorney's memorandum. Councilmember Friedman asked under which ordinance this matter was before Council . The City Attorney said that prior satellite dish ordinances were looked at under the circumstances in which a special use permit is required. Councilmember Friedman did not think it was Council 's intention to regulate or remove antennas. He pointed out the City was a landmark case some 25 years ago in accessory uses for amateur radio antennas which is now nationwide. It was his concern that if this comes under a special use permititis the esthetics and where it is located rather than allowing or disallowing satellite dishes. He asked if Council did not have the right to permit such a use asking that it be further shielded, landscaped or generally made more esthetically acceptable. The City Attorney said that the City under its existing ordinance would have the right to impose certain conditions as a part of any special permit. In response to comments from Councilmembers Duffy and Friedman that this item had been deferred to April 18, the City Attorney responded that the item was on this evening's agenda at the request of the City Manager based on the letter received by Dominium. It was determined by the City Manager that absent disapproval of the Council , the matter could be heard that evening. It was moved by Councilmember Duffy to waive reading and adopt the resolution approving the satellite dishes citing that Dominium was faced with a situation which was critical to its operation. He pointed out that absent a special permit, if the dishes were properly within the setback they could go ahead and put a dish up tomorrow. If Council wants to change the ordinance, they it has the prerogative to do so, but he was opposed to holding Dominium up any more. The motion died for lack of a second. Councilmember Battaglia asked Dominium to speak to the urgency of its request. Bob Lux, Dominium, said that the complex was 98 percent filled. He said the urgency was that the people who moved in as early as October have been waiting for these dishes to be installed and that waiting until the 18th does not seem to be addressing anyone's problem. Also the dishes were needed to activate the security system. Councilmember Friedman asked if this was to be hard wired to the remote 1110 cameras and if so, they didn't need the satellite dishes. Mr. Lux said there were two concerns: the firm providing the satellite dishes is Prime Time Entertainment which is the owner and maintainer of the cameras in the garages, entry ways and entire security system. That was why there was a coorelation between the security system and satellies. -63- City Council meeting minutes March 21 , 1988 • Councilmember Friedman said if his understanding was correct, the security system could be hard wired and the tenants waiting another week of two 41111 for cable tv was not a undue hardship. He knew people who were living in the building, loved it, rentals were going well and how the Council could deter that. Mr. Lux concurred but said that 167 residents looking to have cable tv hooked up presented a major problem. He said that if Prime Time Entertainment is not getting revenue from the satellite dishes, they are not willing to activate the security system. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to defer the item until Councilmember Strand's arrival . Councilmember Strand arrived at 8:16 p.m. and the subject of satellite dishes at Newport on Seven was again brought before Council . CouncilmemWngid he really had not had time to review the City Attorney's memo. His specific objection relates to the fact when the special permit was originally requested, the satellite dishes were not mentioned and he had a specific objection to their location on this piece of property. His general objection was as stated at the March 7 Council meeting. Councilmember Duffy said it was his recollection satellite dishes were i requested in the original special permit, but that they were located on the roof. 411 ' For Councilmember's Strand benefit, Councilmember Battaglia explained the reason this was on the agenda was because of the letter from Dominium. Councilmember Friedman noted that the surveillance system can be hard wired, not needing the satellite dishes. However, Dominium's position is that if the satellite system does not go in to be sold to the residents, then the security system will not be activated. Mr. Lux reiterated Dominium's concern that the dishes be properly screened both from Hwy. 7 and the residents. He also said that because the security system is not activated there have been three breakins in the garage. Also, a considerable number of tenants are withholding their rent because this issue is not resolved. Councilmember Strand asked when Dominium decided it wanted to move the satellite dish from its approved location under the original special permit. Mr. Lux replied in December or January. In response to a question from Councilmember Battaglia, Councilmember Strand said his concern was with City policy in general on these sorts of things. Also, it was a specific concern as there was great care taken when this issue went to the Planning Commission to ensure that it was esthetically pleasing, and adding two satellite dishes along Hwy. 7 goes contrary to what he was aiming for when the project was approved. ?t was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve the resolution allowing the dishes. 41// Councilmember Battaglia asked the Planner if the plan for the dishes was -64- City Council meeting minutes March 21 , 1988 1111 in keeping with the special permit. He thought it would have been preferable to have them on the roof; however, the current plan was an acceptable solution given the information provided by Dominium. He felt it was the best location if they were to be located on the ground. Also there was provision that additional landscaping can be required. Mayor Hanks said he would like to look at the possibility of reviewing our ordinance relative to satellite dishes but not in the middle of this matter. He'dlike to get this application out of the way and then move forward with Councilmember Strand'sdesire to see what can be done if they can't be denied such as screening, placement, etc. , something that Council can legitimately approve. The City Attorney advised to reconsider its March 7 motion to defer the item to April 18 and then take the matter up that evening. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to reconsider the item this evening. The motion passed 4-1 (Councilmember Strand opposed) . It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to adopt the resolution granting the amended special permit. The motion passed 4-1 (Councilmember Strand opposed) . It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to direct staff to take the information received from the City Attorney and work on addressing an ordinance that will control the installation of satellite dishes in St. Louis Park. The motion passed 5-0. 9d. HRA minutes March 8 9e. Planning Commission minutes March 2 9f. BOZA minutes Feb. 28 All minutes ordered filed by consent. UNFINISHED BUSINESS None. NEW BUSINESS lla. Gambling license renewal Councilmember Battaglia asked for clarification on what Minnesota Brass was and the circumstances of their denial . Mayor Hanks said Minnesota Brass is a local drum and bugle corps which is sponsored by the American Legion in St. Louis Park. -65- City Council meeting minutes March 21 , 1988 He said the circumstances of the denial , as he understood it, was that 41111 they were not giving back a fair share to the community of their gambling profits. They have now redone and resubmitted its application with their expenditures and the kinds of things they have done which did not originally meet the qualifications of the Minnesota Gambling Board. Councilmember Friedman asked if they could act on Minnesota Braille Foundation tonight and have Minnesota Brass return. The City Attorney said that unless Council passes a resolution which specific- ally disallows the activity and is sent to the Charitable Gambling Board with 30 days, it will be approved under state law. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the application of the Braille Sports Foundation and asked a representative from Minnesota Brass to be present on April 4, 1988 and to provide further explanation of its denial . The motion passed 4-0. 115. Light rail transit Mayor Hanks said that Council had met with its legislative lobbyist prior to the meeting. He briefly ``4 discussed the legislative items the group had discussed: Property tax reform is becoming very heated with bills expected out of 4111/ the House and Senate that next week. In a committee, the homestead credit had been increased from $68,000 to $80,000. Councilmember Strand arrived in the chambers. Tax increment financing is being backed by the Minnesota League of Cities with one concern - that tax increment financing be given to schools immediately, that is referendum levies. The transportation issue is a hot item because there is concern that the 3% gas tax possibly 'g for only one year and that it be used only for state highways, not local highways. Hennepin County is seeking $4 million in motor vehicle excise tax money for light rail transit. The Hennepin County lobbyist had inquired as to St. Louis Park's position, were they in agreement. Councilmember Battaglia asked if there were any funding alternatives being considered by the Legislature. Mayor Hanks said this was being viewed more as seed money at this point, that nothing is firm, and that opinions are being elicited from the affected communities. Councilmember Friedman said he could support the Council 's supporting Hennepin County getting part of the tax for the light rail transit system. How far the City wants to go beyond that might be something Council would want to talk to its lobbyist about. City Council meeting minutes March 21 , 1988 In answer to a question from Councilmember Battaglia, the Mayor said the Council had taken a position on light rail transit and that the developer of Park Glen had been asked to reserve accommodations for future light rail transit in his plans. It was ' moved by Councilmember Friedman, seconded by Councilmember Duffy that the Council go on record as supporting expenditure of a portion of motor vehicle excise taxes for light rail transit and asking the lobbyist to support Hennepin County's proposal and report back to Council on how far it should proceed. The motion passed 5-0. Continuing with the lobbyist's report, recycling appears to be sitting without funding to do the things proposed. He felt the landfill search may end and the bill may pass, but that the Governor is adamant about getting the bill out of the House Environment Committee. Council asked the lobbyist to be very concerned about comparable worth in re the withholding of state funds if job evaluation reports are not completed. The City feels it has completed its. If the state feels a city hasn't completed its report, a wrongful taking of state monies is-a misdeneanor. Also the Commissioner of Human Rights has been authorized to sue and recover 111 state funds if he feels a city's proposal is not an equity plan. Fiscal disparities is dead for this session. Workmen's compensation is raising a lot of concern: raising of benefits for higher paid workers, freezing insurance rates, freezing doctor and hospital rates, freezing defense attorneys' rates. The lobbyist didn't know where that bill was going to go. MISCELLANEOUS 12a. Claims \ Cindy Lindgren Virgil Ceason By consent, claims referred to the City Clerk and City Manager. 12b. Communications from Mayor None. 12c. Communications from City Manager It was moved by Councilmember Strand, seconded by Councilmember Duffy, to accept the proposed settelement with Methodist Hospital . _ The motion passed 5-0. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS II 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance and dated March 21 , 1988 -67- • City Council meeting minutes March 21 , 1988 41111 in the amount of $511 ,595.62 for vendor claims and $13,233.40 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 8:55 p.m. /4„11.4„)Lyl . anks, Mayor //^' : ing U' I ecor Secretary -68-