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HomeMy WebLinkAbout1990/02/05 - ADMIN - Minutes - City Council - Regular (2) 4a� IIIMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 5, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. 4. Approval of minutes session a. City Council study / Jan. 15, 1990 - It was moved by Councilmember Battaglia, JIII seconded by Councilmember Tschida, to approve. The motion passed 5-0-1 (Councilmem- ber Meland abstained) . b. City Council meeting of January 16, 1990 - It was moved by Councilmember Meland, seconded by Councilmember Mitchell to approve. The motion passed 5-0-1 (Councilmember Battaglia abstained) . c. City Council study session of January 29, 1990 - It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to approve the consent agenda for February 5, 1990 with the removal to the agenda of items 9d, 9f and llc. The motion passed 6-0. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the agenda for February 5, 1990. The motion passed 6-0. PUBLIC HEARINGS 6a. Ty's Park Market Application for off-sale 3.2 beer license, 6312 Minnetonka Blvd. III The applicant Ty Helland 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. -14- City Council meeting minutes February 5, 1990 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the application. III Councilmember Battaglia referenced the memo before Council enumerating a number of code violations. He asked what was the status of those violations. Councilmember Meland amended his motion to not issue the license until the work has been completed. The second was agreeable. Councilmember Friedman asked how long the code violations had existed. The inspector responded about a year. Councilmember Friedman was concerned about inspections being followed up on. The motion passed 6-0. 6b. Side yard setbacks Amendment to zoning ordinance as it relates to side yard setbacks on small corner lots 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 Mitchell , to set second reading for Feb. 20, 1990 and authorize summary publication. The motion passed 6-0. I. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. License, permit fees Second reading of ordinance amending Ordinance No. 1819-90 insurance requirements for licenses and permits Councilmember Friedman was not sure what service was being provided for $8600. Also, $10,800 is paid to American Risk Services. He was concerned the City was getting the advice it is paying for. The City Manager felt the structure the City had was strong and that there are some cost savings that can be noted. He said as Council had requested, the companies and individuals serving the City would be looked at. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Ordinance No. 1819-90 entitled "An ordinance amending the St. Louis Park Municipal Code related to insurance and bond required for City licenses and permits: Repealing Sections 13-119 through 13-124; replacing with new Section 13-119, "Insurance and Bond Required." The motion passed 6-0. III 8b. Cigarette vending machine ban The following individuals addressed Ordinance 1820-90 this matter: Norman Pink, American -15- City Council meeting minutes Feb. 5, 1990 Amusement Arcades; Belle Scott, American Cancer Society; Stuart Hanson, M.D. , Park Nicollet Medical Center; Phil Weber, Park Tavern; Michael Hindin, 7708 W. 13i St. ; Steve Schussler, Juke Box Saturday Night; Mike Jennings and David Johnson. Mr. Pink demonstrated a remote controlled vending machine. They were asking that these machines be allowed to be placed in establishments that wanted them. Councilmember Friedman didn't see how removing machines would stop minors from buying cigarettes. Mr. Johnson suggested that probably the law should be more strictly enforced. He felt that the symbol , which the vending machines represent, should be removed. Councilmember Battaglia felt the thrust of the proposed ordinance was to keep minors from smoking. What provoked all the comment was the process to get to that end. He did want to see incorporated in the ordinance that it is wrong for minors to be buying and smoking cigarettes. He wanted to see the locking device given a try, feeling it was a viable alternative to a total ban. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to add the folltowing requirements to the proposed ordinance before Council : No one under 18 sell cigarettes; purchase of cigarettes by a minor is illegal ; possession of cigarettes by minors is illegal ; all machines must be placed in a highly visible place where they can easily be seen by the person operating the locking device; and that all machines contain locking devices. As a stipula- tion, this would be a trial ordinance for one year, monitor it to see how it works and at the end of that time machines can be banned totally because the locking device is not working or if the locking device does function properly, make that the permanent ordinance. Councilmember Mitchell could not support the amendments; he would support what was before Council . What he had a problem with was primarily economic arguments. He did not believe the locking device to be foolproof as earlier argued. He viewed the proposed ordinance as a step in the right direction to send a message to youth of the unacceptability of tobacco use. Councilmember Tschida said she would vote for the ordinance before Council . However, she did feel an economic argument was not without merit. She felt it only fair to think about the many companies going out of the vending machine business. Mayor Hanks could not go along with all the amendments suggested by Councilmember Battaglia. Councilmember Friedman withdrew his second. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Ordinance No. 1820-90 entitled "An ordinance amending the St. Louis Park Municipal Code Sections 13-1350 through 13-1354 Regulating the Sale of Cigarettes." The motion passed 5-1 (Councilmember Battaglia opposed) . -16- City Council meeting minutes February 5, 1990 Councilmember Battaglia wanted to clarify his nay vote: it is not that he doesn't support the idea that we don't want to sell to minors , but he did think the vending machines with locking devices would work. 8c. 49er settlement eL Union settlement Resolution 90-12 I �� It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 90-12 entitled "Resolution approving the International Association of Operating Engineers Local 49 labor agreement and establishing salaries and insurance contributions for the years ending Dec. 31 , 1990 and Dec. 31 , 1991 ." Councilmember Friedman asked how the City's rates compared to other cities. Is the City dealing individually with the 49ers as opposed to dealing through the consortium as before. The City Manager responded that the City was negotiating on its own for the first time this year. The Personnel Officer said in answer to Councilmember Friedman' s question, St. Louis Park and Columbia Heights dropped out of the local bargaining agreement known as the MAMA Group. He said the proposals from Columbia Heights and the MAMA Group are both within the 4% as mentioned in staff's report. The difference was that the City' s was across the board for all positions and classifications, while the MAMA Group has proposed some major restructuring of their positioning classifications. Councilmember Friedman wanted to make sure the City was being fair to its people and that they weren't being disenfranchised by this arrangement nor the citizens of St. Louis Park being disenfranchised by the City dropping out of the MAMA Group. The motion passed 6-0. 8d. Firefighters settlement C( iq%cam It was moved by Councilmember Resolution 90-13 Meland, seconded by Councilmember Friedman, to waive reading and adopt Resolution 90-13 entitled "Resolution approving the International Association of Firefighters Local 993 labor agreement and establishing salaries and insurance contributions for the years ending December 31 , 1990 and Dec. 31 , 1991 ." The motion passed 6-0. 8e. Salary adjustments First reading of ordinance transferring funds for salary adjustments It was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve, set second reading for Feb. 20, 1990 and authorize summary publication. The motion passed 6-0. -17- City Council meeting minutes Feb. 5, 1990 8f. Liquor near schools/houses of worship First reading of ordinance Councilmember Friedman said he had spoken to the City Attorney re striking language from the draft ordinance re continuous operation and the attorney was suggesting in line 5 of 8 to change "licensee" to "license." It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve, set second reading for Feb. 20, 1990 and authorize summary publication as amended by the City Attorney. The motion passed 6-0. 8g. Signage for retail uses Second reading of ordinance Ordinance No. 1821-90 re Robert Larsen Partners request for increased amount of signage for retail uses in I-1 zoning districts It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Ordinance No. 1821-90 entitled "An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Section 14-185.08 as it relates to signage for retail uses in the 1-1 industrial district." The motion passed 6-0. 8h. Resolution of denial Silver Management Resolution 90-14 It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 90-14 entitled "A resolution denying an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364: 3120 Glenhurst Ave. So. and property south of 31st St. , east of Joppa Ave. and north of Hennepin County Regional Railroad Authority property." The motion passed 6-0. 8i . Resolution of denial Yale Karsh, 9441-9445 Minnetonka Resolution 90-15 Blvd. Jim Blakeborough addressed Council . His father is the owner of the property which Mr. Karsh wished to purchase and redevelop. He was asking the Council to reconsider its previous action and approve the ordinance amending the Comprehensive Plan. He alluded to comments in re someone making a profit on his father's property. ) Councilmembers Meland and, Mitchell were unaware of any comments relative to a profit being made on the property. The concern of the neighborhood wastomaintain some measure of control over the property should Mr. Karsh sell it in the future. -18- City Council meeting minutes February 5, 1990 It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt Resolution 90-15 entitled "A resolution denying an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364, 9441-9445 Minnetonka Blvd." The motion passed 6-0. 8j. Comprehensive Plan amendments Request of City of St. Louis Park to amend the Comprehensive Plan It was moved by Councilmember Meland, seconded by Councilmember Friedman, to defer this item pending Planning Commission review of the Diversified Development District. The motion passed 6-0. 8k. McCourtney Plastics Request for minor amendment to permit a covered walkway at 7309 W. 27th St. The Director of Community Development displayed an overhead to explain the minor amendment. It was noted that when the business was expanded a number of years ago, no special permit was approved; thus, they were technically operating illegally today. Councilmember Friedman viewed the request as not minor as it is not an amendment to anything. What it is is legalizing a use that is technically illegal . He asked how this was allowed to happen. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to refer back to the Community Development Department for review and to come back with special permit uses that would put this property in the same position as other properties in that zoning district. A representative of McCourtney addressed Council to discuss a long-range program for updating of the property. He said since he had been with the company over the past five years, every single upgrading had been monitored by the City. The motion passed 6-0. It was the consensus of the Council that staff also provide information on how the various improvements on the property had escaped the special permit process over the years. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic Study 418 Parking restrictions along Resolution 90-16 Louisiana Ave. between Walker1111 and Lake Streets By consent, adopt Resolution 90-16 entitled "Resolution authorizing no parking restrictions along Louisiana Ave. between W. Lake St. and Walker St." -19- City Council meeting minutes February 5, 1990 9b. Vehicle preemption equipment Agreement with Hennepin County -11 Resolution 90-17 to install emergency vehicle preemption equipment at Cedar Lake Rd./Louisiana Ave. intersection It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Resolution No. 90-17 entitled "Resolution authorizing the execution of an agreement between the City of St. Louis Park and Rennepin County for the operation of an emergency vehicle pre-emption system on the Hennepin County traffic signal at Louisiana Ave. and Cedar Lake Rd." i440 The motion passed 6-0. 9c. Tax increment financing Councilmember Mitchell said he was serving on a subcommittee of the AMM which was going to discuss this issue tomorrow. He asked that it be deferred to Feb. 20 in light of that meeting. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to defer this item to Feb. 20, 1990 The motion passed 6-0. 9d. CDBG Home Program Third party agreement (jgll 'to) In answer to a question from Councilmember Friedman, the Assistant to the City Manager said the third party agreement is required by the County to provide funding for the Home Program, a household and outside maintenance program for the elderly. It is similar to STEP but does not overlap STEP activities. The program was cancelled by South Hennepin Human Services because of - funding cuts. The program will be administered by South Hennepin Human Services and overseen by the County. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to authorize the Mayor and City Manager to execute the third party agreement. The motion passed 6-0. 9e. 3036 Louisiana Ave. Approval of purchase agreement Councilmember Mitchell moved to authorize approval with one stipulation: nowhere in the agreement did he see reference to owner occupancy. The City Manager said the purchase agreement will have a stipulation that it be owner occupied. Councilmember Friedman thought that stipulation was a coverant to run with the property. The City Attorney suggested the item be deferred until the City Attorney's office has an opportunity to review it. -1 9-