Loading...
HomeMy WebLinkAbout1989/08/21 - ADMIN - Minutes - City Council - Regular 4a 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 21 , 1989 1 . Call to order Mayor Hanks called the meeting to order at 7: 30 p.m. 2. Presentations None 3. Roll call The following Council members were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Lyle Hanks Allen Friedman Also present were the City Manager, City Attorney, Director of Public Works, Director of Community Development and Director of Parks and Recreation. 4. Approval of minutes It was moved by Councilmember - ' ` Meland, seconded by Councilmember to approve the', Battaglia, = - ; _ minutes of the August 7, 1989 City Council meeting The motion passed 5-0. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to approve the minutes of the August 14, 1989 long-range planning meeting. The motion passed 4-0-1 (Councilmeinber Friedman abstained) . It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the minutes of the August 14, 1989 study session. The motion passed 4-0-1 (Councilmember Friedman abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmem- , ber Friedman, to approve the consent agenda for August 21 , 1989 with the removal of llc to the agenda. The motion passed 5-0. IIIIt was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve the agenda for August 21 , 1989. The motion\passed 5-0. -139- . City Council meeting minutes August 21 , 1989 PUBLIC HEARINGS 111 6d. Subway Sandwich Shop for a special permit Resolution-891120_.___ for a Class IV restaurant at 8332 Hwy. 7 The applicant was present to answer questions. 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. It was moved by Councilmember Meland, seconded by Councilmember Duffy to waive reading and adopt Resolution 89-120 entitled "A resolution rescinding Resolution 87-15 adopted on Feb. 17, 1987 rescinding Resolution 86-88 adopted on June 16, 1986 rescinding Resolution 85-177 adopted on Oct. 21 , 1985, rescinding Resolution 7369 adopted on April 18, 1983'which amended Resolution 7359 adopted on April 4, 1983 amending Resolution 7179 adopted on July 19, 1982 amending Resolution 6986 adopted on Oct. 19, 1982 amending Resolution 6749 adopted on Aug. 18, 1980 amending Resolution 6534 adopted on April 7, 1980 amending Resolution 6430 adopted on Jan. 2, 1979 amending Resolution 161 adopted on Nov. 6, 1978 and granting special permit under Section 14-124. 101 of the St. Louis Park Ordinance Code relating to zoning to allow a Class IV restaurant at 8332 Highway 7." The motion passed 5-0. 6b. Sandoz Nutrition Request for special permit resolution 89-121 to convert office/warehouse • use to research and development at 1551 Vernon Ave. There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Duffy to adopt Resolution 89-121 entitled "A resolution rescinding Resolutions number 85-111 and 84-46 adopted on Aug. 5, 1985 and April 16, 1984 respectively and granting special permit under Section 14-124(2) (A) of the St. Louis Park ordinance code relating to zoning to allow office warehouse, research and development pilot plant at 1551 Vernon Ave. So. " Councilmember Friedman asked how the City would know when the parking lot ceased to be sufficient. The Director of Community Dew 6ment said when cars were observed parking on the street. He said this property was in the Diversified Development District and that off-street parking requirements are negotiable between the City and the applicant for a special use permit. It was staff 's determina- tion that in this case this was a use thatwould work with the suggested percentage of parking stalls. Councilmember Friedman was not clear on how off-street parking would be regulated. The City Attorney relcrenced condition 8 of the resolution. He suggested the wording "at the sole discretion of the City" could be added which would then become the "trigger" Councilmember Friedman was -140- • City Louncil meeting minutes August 21 , 1989 111 looking for. Councilmember Friedman made the addition of such language an amendment to the motion which was agreeable to the maker and second. The motion passed 5-0. - 6c, d, e. Fill in City Parks_ Wolfe Park: It was moved by Reso ution 89-122 Councilmember Friedman, seconded by Councilmember Duffy, to adopt Resolution 89-122 entitled "A resolution granting special permit under Sections 14-113(7) and 14-123.00(2) of the St. Louis Park Ordinance Code relating to zoning to permit 6,000 cubic yards of fill for property zoned PUD, Planned Unit Development, located at 5005 W. 36th St." The motion passed 5-0. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to continue items 6d and 6e to September 18, 1989. The motion passed 5-0. PETITIONS, REQUESTS, COMMUNICATIONS None. IIIRESOLUTIONS AND ORDINANCES . 8a. Liquor licensing First reading of an ordinance amending the Municipal Code related to liquor licensing The City Clerk said the way the ordinance was written gives liquor establishments' the option to be open July 4 and January 1 . It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve and set second reading for Sept. 5, 1989 and authorize summary publication. The motion passed 4-1 (Councilmember Meland opposed) . 8b. Lawful gambling First reading of an ordinance re lawful gambling It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to amend ordinance, set second reading for Sept. 5, 1989 and authorize summary publication. The motion passed 5-0. 8c. Massage ordinance reviewIII Judy Muyres addressed Council relative to her concerns about wording in the proposed massage ordinance. -141- City Council meeting minutes August 21 , 1989 The issue of control remained of concern to her. She referenced the proposed language and stated she did not suggest that anyone receiving trainingIII at a reputable school be exempt from licensing but only those completing a minimum of 500 hours of training and ascribing to a professional code of ethics. She said in her meeting with staff two areas of agreement had been reached: that the community does need to be protected for any recoccurence of the problems in the 1970s when prostitution and drugs masqueraded behind the term massage parlor; and that massage therapy is fast becoming recognized as a very viable part of health care and wellness. Councilmember Friedman asked what the control would be as compared to licensing of nurses, LPNs, aids who are State-licensed, which licenses can be revoked if there is a violation. Since massage therapists are not licensed, what would be a comparable control . Ms. Muyres stated that the American Association of Massage Therapists could revoke certification should any charges against a therapists be proven. However, she preferred to judge competency of therapists on the hours of training rather than which national organization they might belong to. Councilmember Friedman felt state licensing should be across the board for everyone with no chance for pitting one group against another. With state licensing, there would be no need for this ordinance. Ms. Muyres noted that a nurse can perform massage therapy with very little training and anyone working in a sports facility doesn't need to have any qualifications under the proposed ordinance. She felt that setting the education standard as low as 64 hours in the ordinance was insufficient. Councilmember Friedman said the question at hand was does the City ha'e an ordinance that treats everyone equally, that it or the State has control over and that does not discriminate because one person belongs to one organization and one belongs to another. is. Muyres was not opposed to licensing, but she was opposed to that section of the ordinance which would rc,,trict her to working out of a licensed massage therapy facility, not Uliowing her to go to people' s homes, a senior high rise or a nursing facility. Councilmember Meland said if Council wished to proceed with an amendment to Section 13-1145, an amended ordinance would have to come back on Sept. 5. This would be reviewed by the City Attorney and the questions as brought up by Councilmember Friedman and Ms. Muyres could he addressed at that time. Councilmember Duffy felt Council was really talking about two different things. No where did he see addressed Ms. Muyres point that of a therapist be- ingadequately trained and be able to go into homes or apartments to practice therapy and yet have control rest with the City. She can' t apply for a license because she doesn't have a facility out of which to operate. 111 -142- City Council meeting minutes August 21 , 1989 ' 111 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to receive the report for filing. The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy,' that staff prepare an ordinance for first reading on Sept. 5, 1989 that would provide that therapists having a minimum of 500 hours' training at an approved school must comply with all City licensing requirements '' ,''', . , and fee schedules but would be exempted from the provision that they are employed in a licensed massage therapy establishment. The motion passed 5-0. 8d. Fire Relief Association It was moved by Councilmember Resolution-89-123 Meland, seconded by Councilmember Friedman, to adopt Resolution 89-123 entitled "Resolution approving continuation of the process of consoli- dation of the St. Louis Park Fire Relief Association with Public Employees Retirement Association Police and Fire Fund." i The motion passed 5-0. 8e. City audit Resolution 89-124 It was moved by Councilmember Duffy, seconded by Councilmember III Battaglia, to adopt Resolution 89-124 entitled "Resolution providing for the employment of George M. Hansen Company to audit the accounts and records of the City for the 1989 fiscal year." The motion passed 5-0. , t REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Zoning text amendment Parking requirements It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to direct staff to draft an ordinance amendment and set a public hearing for September 18, 1989. Councilmember ,Battaglia asked if this proposed ordinance amendment was to assist only Robert Larsen Partners. The Community Development Director responded this would be a requirement for retail off-street parking City-wide. The recommendation for retail off-street parking would be for one space per 200 sq. ft. provided with an additional one space per 750 sq. ft. IIICouncilmember Battaglia was concerned that once asphalt and grass is laid and trees are planted it is discovered there is not enough parking, what does the City do. -142 a- City Manager ' s office August 21 , 1989 The Community Development Director said the City would find the special use permit invalid and would cancel it. III The City Manager suggested including the language "in the sole discretionIII of the City" which basically removes the debate. As a friendly amendment to the motion, Councilmember Battaglia said he would like to see that language included. The motion passed 5-0. 9b. Hwy 7/Bell Line Blvd. ( ity Lngineer' s report: Intersect- Resolution -i23 _ ion improvements It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to adopt Resolution 89-125 entitled "Resolution accepting City Engineer's report, approving plans and ordering Project No. 89-09." , Councilmember Friedman asked who benefitted from this proposal . The Director of Public Works responded there had been a request from Northland Aluminum. Councilmember Friedman asked if there had been a lot of accidents relating to trucks' turning movements. The Director said no. He was concerned about using $86,000 in general funds for something toIII benefit one user when they are only paying $14,000 of it. He asked what was the standard for doing these kinds of projects. The Director said that from a professional standpoint the observation has been that that particular intersection does not function fully safely. After the completion of the Belt Line crossing, it has been observed that semis going easterly on Hwy. 7 making a 180 degree turn to the right onto the frontage road have a very difficult time negotiating this maneuver. Councilmember Friedman asked why just the service road was not been widened instead of doing all the other intersection improvements. The Director said that the Ottawa crossing was done in 1985 and at that time the frontage road improvements was not contemplated and so not done. Councilmember Friedman felt there were too many other areas in the City that needed improvement and spending general funds to do this improvement for the benefit of one company was inappropriate. The City Manager commented that it was staff' s opinion that this particular intersection did not have sufficient structure as it presently exists. He did not want the Council to think that staff was responding to one business with a truck problem. The Director concurred, stating that the business in question did not bring up the issue of the semi movements. The business brought up the problem at shift changes when the right turns onto Ottawa are difficult. He said that generally speaking all the turning movements through the intersection are difficult. -143- City Council meeting minutes August 21 , 1989 . 111 Councilmember Battaglia recalled that prior to the intersection improvement, there was a lot of neighborhood concern re on-street parking. He felt the intersection definitely needed improvement, taking into account Skippy Field, access to the park and tennis courts. Councilmember Friedman felt the Wooddale/Hwy. 7 intersection was in much worse shape and suggested shifting the funding to improve that intersection. Councilmember Duffy noted ,that intersection was in the plans and was next on the schedule for improvement. The motion passed 4-1 (Councilmember Friedman opposed) . 9c. Access agreements `�yb 4, Minneapolis Park and Recreation Board It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to authorize the Mayor and City Manager to execute the necessary agreements. The motion passed 5-0. d. 37th and Dakota Communication from the Housing Authority 111 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to acknowledge receipt of letter from Housing Authority and direct staff to delay sale/redevelopment of lots at 37th and Dakota pending Council review of housing strategy as part of the Comprehensive Plan update. Councilmember Battaglia asked if the Comp Plan was going to look at higher density in this area. The City Manager did not believe staff knew that at this time nor is that anticipated at this time. Staff did believe the Comp Plan would have a housing component and that all options should be kept open. The Community Development Director said the parcel is currently zoned R-3 which allows a density of one unit per 4000 sq. ft. of land area. He could not say whether the density would or would not be increased. . i He did believe there potentially was a use other than sale as single family lots. Councilmember Battaglia did not want to see discussions held with a developer while at the same time holding off on real estate agents. c Mayor Hanks asked if the 37th and Dakota study had been reviewed and the minutes of the neighborhood meeting. He recalled that a commitment was made to the neighborhood that single family homes would be built on these lots. Councilmember Duffy concurred with the Mayor ' s recollection. -144- City Council meeting minutes ° August 21 , 1989 The Community Development Director said the use of this area for single family homes was not necessarily inconsistent with what the housing strategy might involve. Mayor Hanks asked that staff go back and review the minutes and as we proceed through the Comp Plan, keep the neighbors informed. The motion passed 4-1 (Mayor Hanks opposed) . Councilmember Friedman asked if an ordinance had ever been passed relative to inspection of single family rental homes on a once per 'year basis. The Mayor thought the inspection was done when a property changed hands. Councilmember Friedman recalled one of the concerns of the neighborhood was the rental units going down hill and depreciate the neighborhood. He thought Council had discussed how the City could control single family units of absentee ownership. He recalled that someone suggested looking at an ordinance that every one or two years or when rental changes, a home would have to be reinspected. The City Manager said staff would research Councilmember Friedman's query. 9e. Planning Commission minutes August 2, 1989 9f. Housing Authority minutes July 11 9g. Building Construction Codes Commission minutes June 27 III 9h. July 1989 financial report Minutes and financial report ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to accept Ceil Gordon' s resignation from the Planning Commission. The motion passed 5-0. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to appoint Robert Andrews to the Metropolitan Aircraft Sound Abatement Council . The motion passed 5-0. 10b. Layout approval : Hwy. 7/France Ave. Resolution 89-T26 It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to adopt Resolution 89-126 entitled "Resolution approving MnUOT layout proposal 4c for the reconstruction of T.H. 7 in the City of St. Louis Park, Minnesota. " -145- e City Council meeting minutes August 21 , 1989 III The Public Works Director said MnDOT had put the ball in the City' s and NSP's court. He said NSP was willing to look at providing conduit, but have not begun looking at final design elements yet so they can determine if the underground is valid from their design/future projection standpoint. Councilmember Friedman asked what MnDOT would do if the City did not pass the resolution. The Director said he would anticipate that if the City refused to act favorably -i' on the layout, MnDOT would back off and leave the Glenhurst access open in which event the City' s approval is not needed and go ahead and construct the project. The motion passed 4-1 (Councilmember Friedman opposed) . It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to direct staff to pursue negotiations with NSP re undergrounding. The motion passed 5-0. NEW BUSINESS lla. Holy Family Fall Festival Temporary 3.2 beer license III By consent, motion to approve license lib. Bid tab: Watermain looping ovAi' By consent, contract awarded to J. P. Norex, Inc. in the amount of $94,542.20 llc. Bid tab: St. Peter aquifer pumpout well Councilmember Battaglia asked that this item be 41,00,$ brought to a study session in order to bring Council up to date on the status of the Reilly matter. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to award the contract to Bergerson-Caswell in the amount of $22,900. The motion passed 5-0. lld. Bid tabulation: Flag Ave. reservoir It was moved by Councilmember Meland, seconded by Councilmember Duffy, to reject the bids. Councilmember Battaglia asked if it were necessary to have the companies go through the bidding process again. The City Attorney recommended rejection of all bids. He cited the fact that the courts have determined that acceptance of a bid when there was IIIan error in the bid documents -- such as was the case in the present instance -- could be an avenue for game playing and all bids should be rejected. The motion passed 5-0. -146- City Council meeting minutes August 21 , 1989 SP lle. Towing contract VA It was moved by Councilmember ' Duffy, seconded by Councilmember Battaglia to authorize execution of a contract with Dick' s Towing through Nov. 30, 1992. The motion passed 5-0. Councilmember Meland said he continued to receive constituent complaints about Dick ' s and asked that the Police Department discuss these problems with them. He would support renewal of the contract. The motion passed 5-0. MISCELLANEOUS • 12a. Damage claims ' None. 12b. Communications from Mayor Mayor Hanks asked that Council convene after adjournment to discuss a matter of litigation. 12c. Communications from City Manager None. CLAIMS, APPROPRIAIIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated August 21 , 1989 was approved in the amount of $388,901 .84 for vendor claims and $49,385.87 for payroll claims be approved and the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 9:00 p.m. GtJ May/ ) cl VL(11,- ' coming ecretary -147-