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HomeMy WebLinkAbout1989/08/07 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL ST. LOUIS PARK, MINNESOTA August 7, 1989 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read a resolution commending Resolution 89-110 Steve Vollmer for his 20 years of service with the City. 3. Roll call The following Council members were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman Jane Tschida Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works and Director of Community Development. 4. Approval of Minutes It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve the minutes of the July 10, 1989 meeting with the fol +owing amendment: 6c. third to last paragraph should read " . . .think that this project met the intent. . . " The motion passed 7-0. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the minutes of the July 17, 1989 study session. The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmem)er Battaglia, to approve the minutes of the July 17, 1989 Council meeting with the following correction: pg. 127, opposed were Councilmembers Meland and Mitchell . It was moved by Councilmember Duffy, seconded by Councilmember Meland, to approve the minutes of the July 20, 1989 study session. The motion passed 7-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia to approve the minutes of the July 24, 1989 study session. The motion passed 5-0-2 (Councilmembers Friedman and Meland abstaiied) . It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the minutes of the Council meeting July 31 , 1989 with Cie following correction: item 4a, 2nd line, change "increase" to "decrease" The motion passed 6-0-1 (Councilmember Friedman abstained) . -130- . City Council meeting minutes August 7, 1989 5. Approval of agenda The City Manager noted a change in III the motion for 9e wherein staff would be requested to solicit a proposal from the George M. Hansen Company. Items 8e and 9e were moved to the agenda It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the consent agenda. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to approve the agenda with the addition of item 10b. Comprehensive Plan. The motion passed 7-0. PUBLIC HEARINGS 6a. Naegele Outdoor Advertising Request for special permit to construct Resolution 89-111 a billboard at 5120 Cedar Lake Rd. Mike Cronin, Naegele, 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. Councilmember Mitchell asked what was spelled out in the ordinance relative to a billboards spacing from a building. Was it conceivable one would have to walk around a billboard post in order to walk through a door. The Director of Community Development did not believe there was specific language prohibiting a billboard from being constructed in a location where it obstructs a doorway. Councilmember Mitchell noted that this issue would not be before Council had the proposed ordinance not passed 4-3 which basically would have grandfather- ed out billboards. Thusly, Council continues to review requests for more billboards. He would not vote in favor of the special permit because he is philosophically opposed to billboards. He did realize that until changes are made in the ordinance, there is no choice but to approve. He felt it unfair for Naegele not only to get another billboard but also receive compensa- tion from the State. Councilmember Battaglia asked if, under the present ordinance, there were grounds under which the special permit request could be denied. The City Attorney responded if the conditions are satisfied, Council would have to approve it. His reading of staff ' s report indicates the conditions have been met. -131- City Council meeting minutes August 7, 1989 11/ It was moved by Councilmember Duffy, seconded by Councilmember Meland, to adopt Resolution 89-111 entitled "A resolution granting special (conditional use) permit under Section 14-185.05(3) (a) (4) of the St. Louis Park ordinance code relating to zoning to permit construction of a billboard for property zoned DDD, diversified development district, located at 5120 Cedar Lake Rd." The motion passed 6-1 (Councilmember Mitchell opposed) . It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, that the City begin the process of reintroducing the previous billboard ordinance. Mayor Hanks said he would support this. He recalled that when the ordinance came up before the problem was with getting the boards off the roofs in Miracle Mile and get them down-sized. When Naegele came to Council to get variances in order to do that, they were denied. He didn't want to grandfather the boards in Miracle Mile as they would be there forever. Councilmember Duffy was in agreement with the Mayor. He had hoped the City could work with Naegele to reduce and remove some of the billboards on Excelsior Blvd. It was obvious to him that was never going to happen. They only way to get them down was to make them nonconforming. The motion passed 7-0. 111 PETITIONS, REQUESTS, COMMUNICATIONS 7a. Request from Rotary Jim Brimeyer reviewed the request from Rotary in which they will provide funding for improvements at Northside Park in exchange for which the park will be renamed Rotary Northside Park. The Club's current affiliation with Carol Hurd Park would be dropped. It was moved by Councilmember Cleland, seconded by Councilmember Friedman, to refer the request to City staff and the Parks and Recreation Commission and thereafter return to Council for action. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Securities for collateral It was moved by Councilmember Meland, Resolution No. 89-112 seconded by Councilmember Duffy, to adopt Resolution 89-112 entitled "Resolution approving securities for collateral from Citizens State Banks, St. Louis Park, MN." The motion passed 7-0. III8b. Investment institutions It was moved by Councilmember -132- City Council meeting minutes August 7, 1989 Duffy, seconded by Councilmember Battaglia, to adopt the resolution. 111 Councilmember Meland noted this same item was on the EDA agenda and that he and Councilmember Friedman had some questions. The City Manager said the answers could be provided and the item placed on the August 14 special City Council meeting. Councilmember Duffy withdrew his motion. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to defer the item to August 14. The motion passed 7-0. 8c. Oriole Oaks Resolution of denial Resolution 89-113 It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to adopt Resolution 89-113 entitled "A resolution of findings regarding the application of Rick Bateson (Harold Aretz) for a preliminary plat approval to allow a subdivision of 10 lots for property located in the R-1 , single family residence district and F-2, floodplain district, east of State Highway 169 and south of W. 23rd St." The motion passed 7-0. 8d. Wave Car Wash Minor amendment to an approved Resolution 89-114 special permit Robin Acromite addressed Council . She said the Medora Juniper was specified as the tree to be planted. In calling nurseries in the area, none were available at the height specified by staff. She was asking that a comparable tree, equivalent in quality, be substituted. Councilmember Meland suggested extending the date for completion of the work. Ms. Acromite asked if the occupancy permit could be obtained prior to the trees being planted. The City Attorney did not see that as a problem. It was moved by Councilmember Meland, seconded by Councilmember Tschida to adopt Resolution 89-114 entitled "A resolution rescinding Resolution 88-130 adopted on September 19, 1988 and granting special (conditional use) permit under Sections 14-156(5) and 14. 124. 100(2) of the St. Louis Park ordinance code relating to zoning to allow a car wash with gasoline sales for property zoned B-2, general business district, and F-2, floodplain district, located at 8650 Hwy. 7" and extending the completion date to June 1 , 1990. The motion passed 7-0. -133- City Council meeting minutes August 7, 1989 8e. CDBG Agreement with Hennepin County ..1:r( q 2-t'4' 111 Resolution 89-115 Councilmember Friedman asked if proposed projects had to come before the Council for approval before funding is granted. The City Manager responded that Council earlier this year has approved a resolution determining the categories to which the monies would be allocated. Therefore, each request for expenditure would not come back before Council . No new requests for funding can be considered from the period July 1 , 1989 through December 31 , 1990. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 89-115 entitled "Resolution of sub-recipient agreement with Hennepin County for purposes of qualifying for United States Department of Urban Development Community Development Block Grant Program" The motion passed 7-0. 8f. Recycling/composting Grant application grid to Resolution 89-116 It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Resolution 89-116 entitled "Resolution authorizing the execution of 111 an agreement between the City of St. Louis Park and Hennepin County covering the furnishing of a recycling/composting program in 1989." The motion passed 7-0. 8g. Layout approval Highway 7/France Ave. Councilmember Mitchell asked if the undergrounding of utilities had been discussed with MnDOT. The Director of Public Works said that issue had been raised, and from their perspective the project is a street improvement and undergrounding of utilities is not contemplated. If undergrounding is desired, the City would have to pay for it. Councilmember Friedman asked if MnDOT would reconsider if the City denied their request. The Director said the City had pursued with NSP the undergrounding issue, but when it was learned it would cost in excess of $300,000 with no funding available from the State the matter was dropped. Councilmember Friedman alluded to the plan of a number of years ago to beautify that entrance to the City. He felt now, with the proposed street construction, was the time to underground utilities and then proceed with that beautification IIIplan. Once that road construction is completed, it would be very expensive to dig it up and do undergrounding later. Councilmember Mitchell requested staff '°negotiate more strongly on the undergrounding -134- City Council meeting minutes August 7, 1989 matter, pointing out that the City has basically cut down their expenses and in compensation the City would like to see the utilities undergrounded. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer the item to August 21 , 1989. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Sick Leave for Fitness Program Modifications By consent, modifications to the program were approved. 9b. Advertising benches Cam Andre, representing U.S. Bench Corp. addressed Council . He was requesting this be viewed as a bench ordinance, not a sign ordinance. He felt there was a definite need for benches whether or not they carried advertis- ing. Councilmember Duffy left the chambers. Councilmember Mitchell complimented staff on an excellent, well thought out report. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to set the public hearing for September 5, 1989. Council asked for a comparison of the Plymouth and St. Louis Park bench ordinances. Councilmember Friedman applauded Councilmember Mitchell ' s efforts to get this matter resolved. He was of the opinion the City should get out of the bench business. The motion passed 6-0. 9c. Traffic study 496 Request for stop sign: W. 34th/Glenhurst Resolution 89-117 By consent, adopt Resolution 89-117 entitled "Resolution authorizing installation of traffic control signs at each approach to the W. 34th St/Glenhurst Ave. intersection. " 9d. Traffic study 407 Request to restrict parking: W. 41st St at Susan Lindgren School By consent, motion to authorize neighborhood meeting 9e. Audit of City records Councilmember Friedman asked that in addition to receipt of proposals -135- City Council meeting minutes August 7, 1989 11/ could Council be provided with a comparison to last year's costs. , Councilmember Battaglia asked how many years George M. Hansen has been auditing the City's records. The City Manager said that information would also be provided. It was moved by Councilmember Meland, seconded by Councilmember Friedman, that staff contact George M. Hansen and obtain an engagement proposal and cost estimate for the 1989 financial audit and to return to Council comparative information in recent years and costs incurred by other communities. The motion passed 6-0. 9f. Board of Zoning Appeals minutes June 22 9g. Planning Commission minutes July 19 By consent, minutes ordered filed. h. MEPC Final Environmental Impact Statement It was moved by Councilmember Meland, seconded by Councilmember Friedman, to authorize distribution of the EIS The motion passed 6-0. IIIUNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to make the following appointments: l Paul Roberts to the Board of Zoning Appeals; 'I-Jerrold Frank to the Cable TV Advisory Commission; 'SMarcia Macaulay and Sharron Hardy to the Human Rights Commission andJ(Therese Crisman to West Hennepin Human Serv;ces Planning Board. The motion passed 6-0. 10b. Comprehensive Plan Councilmember Tschida asked for an update and asked if staff had decided to amend the zoning ordinance as changes were made in the Comp Plan The City Manager noted that an allocation of CDBG funds to pay for a temporary employee to work on the Comp Plan would be an approved expenditure of such funds. Those funds would have to be diverted from a previously-approved project. In terms of the zoning ordinance being amended as segments of the Comp Plan update are accomplished, he recalled that being a suggestion, not a decision. The Director of Community Development recalled Council direction was for staff to complete the Comp Plan amendments and bring to Counci oy the end of the year. Immediately thereafter staff would proceed with review of the zoning III ordinance. He said he believed it was not possible for staff to get both the Comp Plan and zoning ordinance done by the end of the year. Councilmember Battaglia asked if that meant the Zoning Task Force would be disbanded. The Director said no, that parts of the Comp Plan would be forwarded to the Task Force after review by the Planning Commission. The Task Force would be asked to look at the Comp Plan update and determine how it affects -136- City Council meeting minutes August 7, 1989 the zoning ordinance as it would be structured. Councilmember Tschida thought it made sense for the two reviews be done simultan- 111 eously. She questioned the need to move so slowly and deliberately. eady The City Manager commented that if a Comp Plan update/rfor review on January 1 , 1990, that is moving quite rapidly. The City Attorney said it might be ideal to do both reviews in tandem; however, occasionally the Metropolitan Council will reject proposed rezoning because the Comp Plan has not been updated. He said most cities follow the procedure that St. Louis Park is following: do Comp Plan amendments; they go to the Metropol- itan Council for consideration re consistency with the Council ' s system plan which look at longer term, more generalized policy considerations; and then rezoning, if any. Councilmember Battaglia said items not actually impacting the Comp Plan and land uses, such as performance standards, definition of deck, etc. , had been discussed by the Zoning Task Force. He thought that those kinds of items could continue to be looked 3t by the Task Force. Councilmember Battaglia's concern was that the Zoning Task Force not become a layer of approval that slows the process down. Councilmember Mitchell thought it appropriate that Council be provided a month to month update of staff's progress. NEW BUSINESS 111 lla. Holy Family Fall Festival Raffle By consent, motion to approve MISCELLANEOUS 12a. Damage claims Carrie Griffiths By consent, motion to refer to City Clerk and City Manager 12b. Communications from Mayor None 12c. Communications from City Manager The City Manager noted the letters to staff He said a meeting has been scheduled for August 14 at 7:30 p.m. to certify the final proposed levy and schedule a public hearing tentatively for Monday, September 18. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to set a special meeting for August 14, 1989 and tentatively schedule the public hearing on the tax levy for September 18, 1989. The motion passed 6-0. -137- City Council meeting minutes August 7, 1989 111 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the verified claims, prepared by the Director of Finance dated August 7, 1989 were approved in the following amounts: claims $992,259.09 and payroll $42,038.46 and the City Manager and City Treasurer authorized to issue checks in the appropriate amounts. 13b. Contract payments - Partial By consent, the following partial payments were approved and payment authorized: 1 . Bury and Carlson, Project 88-06. Amount: $51 ,212.98 *001 2. Kilmer Electric, Projects 87-51 and 87-52. Amount: $54, 176.28 ;ite% 3. David Volkmann Construction, Project 88-03. Amount: $114,999.404-Ia0 lisc, 14. Adjournment The meeting was adjourned at 9: 10 p.m. 1 IIILyle/ . Hanks, Mayor i)./IALA R cording Secretary -138-