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HomeMy WebLinkAbout1990/05/21 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 21, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Roll call The following members were present at roll call : Bruce Battaglia,_ George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, City Attorney, Director of Public Works and Director of Community Development. 3. Presentations Mayor Hanks accepted a plaque from Hennepin County commending the City on its recycling efforts. 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, -11 to approve the minutes of the May 7, 1990 Council meeting with the following correction: page 72, item 9c, change word "parks" to "parts." The motion passed 5-0 (Councilmembers Battaglia and Meland abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the joint Council/School Board meeting of May 14, 1990. The motion passed 7-0. It was moved by Councilmember Haun, seconded by Councilmember Meland, to approve the minutes of the May 14, 1990 study session. Councilmember Battaglia added to the Review of Capital Improvement Plan, , ". . .be provided with an opinion that public improvements identified in the Capital Improvement Plan. . ." are a legitimate use of tax increment financing. The motion as amended passed 7-0. 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the consent agenda with the removal of 8g, 9j, 13a and 13b. The motion passed 7-0. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to approve the agenda with the addition of llb. Charter and llc. Tax Increment Financing. The motion passed 7-0. -77- City Council meeting minutes May 21 , 1990 PUBLIC HEARINGS None. PETITIONS, COMMUNICATIONS, REQUESTS None. RESOLUTIONS AND ORDINANCES 8a. Fire contract addendum By consent adopt Resolution 90-67 entitled Resolution 90-67 Resolution approving an addendum to the labor agreement between the City and the International Association of Firefighters Local 993 pertaining to drug and alcohol threshold standards." 8b. Dow Jones Restaurant Minor amendment to special permit to Resolution 90-58 permit outdoor dining at Dow Jones It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to adopt Resolution 90-58 entitled "A resolution rescinding Resolution 89-19 adopted on Feb. 21 , 1989 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park ordinance code relating to zoning to allow outdoor dining at 300, 400, 600 S. Hwy. 169 and 435 Ford Rd." The motion passed 7-0. 8c. Vacation Request of City of St. Louis Park to vacate a portion of the right of way of Wooddale Ave. at N.E. corner of Wooddale/Oxford It was moved by Councilmember Meland, seconded by Councilmember Battaglia, • to authorize preparation of an ordinance. The motion passed 7-0. 8d. Comprehensive Plan Resolution transmitting amendment to Compre- Resolution 90-59 hensive Plan to Metropolitan Council Dave Sellergren, representing MEPC American Properties, spoke in favor of text amendment changes in the DDD portion of the document. On behalf of another client, H. B. Golden, who owns the auto yard area on Hwy. 7 and W. Lake St. , he noted the piece is presently zoned general industrial and was slated for redesignation to commercial . There had been some talk of light industrial which Mr. Golden felt was unduly restrictive, particularly in light of the fact there are a number of aggressive commercial developers interested in this site. They were asking that Council endorse the recommendations of the Planning Commission that it remain commercial as opposed to light industrial . He said the present general industrial designation would allow some commercial within it and was what they preferred. Substation site on Cedar Lake Rd. east of Edgewood - It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to retain as residential . The motion passed 7-0. -78- City Council meeting minutes May 21 , 1990 2. Area 13 and 14, around 36th St. - It was moved by Councilmember Battaglia, seconded by Councilmember Haun, that the area north of 36th be designated commercial and the area south be designated light industrial . Councilmember -- Tschida asked if there were any way this could be left open or have language designating the entire area industrial and commercial so that the City wasn't pinned down to one or the other. In answer to a question from the City Attorney, the Director of Planning said the City did not have a designation such as suggested by Councilmember Tschida. Councilmember Friedman asked why it couldn't be left open because this document was just being transmitted to the Met Council , not adopted by any body. The City Attorney suggested adding a sentence to the text stating the - area is subject to further consideration. Councilmember Battaglia asked Councilmember Tschida when she felt this would be resolved. He was concerned the property, being undesignated, would go on and on and with developers coming before the Council) there would be- no direction for them. She felt the designation would be resolved when there was a plan for the area which was currently in process. There was a question re the non-conformance of commercial and light industrial on the site. Councilmember Meland noted that adoption of the Comprehensive Plan does not make the land uses non-conforming. Councilmember Haun withdrew his second. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve the Council 's position on this property, i .e. area will be light industrial with the exception of Hoigaard' s, Peninsula Industries and the SE corner of 36th/Wooddale which shall be commercial . The motion passed 6-1 (Councilmember Tschida opposed) . 3. High density land use designation - It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to designate 16, 18 and 19 medium density. The motion passed 6-0 (Councilmember Meland had left the chambers) . 5. National Lead/Golden Auto site - Councilmember Battaglia opposed this redesig- nation from light industrial to commercial . It was moved by Councilmember Battaglia, seconded by Councilmember Meland, that the site be designated as general industrial . Councilmember Mitchell asked the implications of going from light industrial to general industrial long term. The Director said general industrial will allow a greater latitude for industrial types of uses, but does not allow commercial . He said light industrial would tend to exert a greater control 111 over the quality/type of use. For example, more landscaping would be required in a light industrial area vs. general ; perhaps a higher standard of building architectural quality. The light industrial would be more restrictive in the types of uses allowed and to some extent would guarantee that the jobs would be of a higher paying type. -79- City Council meeting minutes May 21 , 1990 The motion passed 4-3 (Councilmembers Mitchell , Tschida, Mayor Hanks opposed) . Councilmember Meland left the chambers. Pending text changes - It was moved by Councilmember Mitchell , seconded by touncilmember Tschida, to remove the ,compatibility chart. The motion passed 6-0. Mixed uses in the DOD - It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the mixed uses. The motion passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 90-59 entitled "A resolution authorizing distribution of the 1989 amendments to the Comprehensive Plan of the City of St. Louis Park to the Metropolitan Council , adjacent municipalities and other agencies and entities." The motion passed 6-0. 9e. Embers Restaurant Request of minor amendment to special Resolution 90-60 permit to modify elevation plan for property at 7525 Wayzata Blvd. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to adopt Resolution 90-60 entitled "A resolution rescinding Resolution 6054 adopted on July 10, 1978 and granting special permit under Section 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to allow a Class II restaurant for property located at 7525 Wayzata Blvd." The motion passed 5-0 (Councilmember Haun out of chambers) . 8f. JMS Equities Jeffrey Schoenwetter was present Resolution 90-61 to answer questions. He said the three items listed in staff's report were being provided in order to avoid another technical delay. Mayor Hanks asked if there were not some way in which the outstanding items could be resolved so the final plat could be approved that evening. The City Attorney responded additional language covering said issues could be incorporated into the resolution. He proposed the following language additions: Documents required herein shall be in form and substance acceptable to the City Attorney. In the event the City Attorney and developer cannot agree, then the developer agrees that the plat is not approved and shall be returned to the Council for further action. Documents required herein include but are not limited to adequate evidence of title, including adequate evidence of title of the property to be dedicated to the City and the security requirements set forth in paragraph 3." It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to adopt Resolution 90-61 entitled "Resolution giving approval for final plat of Knollwood Green Subdivision" as amended by the City Attorney. The motion passed 6-0. -80- City Council meeting minutes May 21 , 1990 8g. City depository Designating depository for City Resolution 90-62 funds Councilmember Friedman was concerned that some of the instruments the City is investing in are not guaranteed. Also why are we in the California market with some of these. The Assistant Finance Director said they were all listed because a broker could deal with the City on any of them. All of them are not used, but all are available. He said Liberty Capital Markets are strictly government agency P. issues. Councilmember Friedman asked that the resolution so state. The Asst. Dir. said that would be no problem. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to adopt Resolution 90-62 entitled "Resolution designating depository for City funds " as amended. The motion passed 6-0. _ 8h. Packaging ordinance Amendment to plastic food packaging ordinance It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , IIIto set second reading for June 4, 1990 with the understanding institution of the ordinance is being put off until 1991 due to the fact studies are going on and getting adequate notice to businesses in St. Louis Park. The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Microcomputer purchase Agreement for purchase through MnDOT Office of State Aid By consent, motion to authorize execution of agreement. 9b. Hocking appeal Appeal for extension of early retirement incentive program benefits It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to deny. Councilmember Mitchell asked if anyone else would have been -eligible in 1989. The Personnel Officer said there was one other employee. The motion passed 5-0-1 (Councilmember Haun abstained) . 9c. Letter from Robert Andrews Metropolitan Aircraft Sound Abatement III Council It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to receive for filing. The motion passed 6-0. -81- City Council meeting minutes May 21 , 1990 Councilmember Haun suggested that a copy of Mr. Andrews' letter be sent to any residents calling about airport noise. 1117 9d. Westwood Hills Nature Center Preliminary report on disposition of a portion of WHEEC Councilmember Mitchell passed out materials to the Council . It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer the item to June 18, 1990 and that staff provide Council with the information as requested by Councilmember Mitchell . The motion passed 6-0. 9e. Classic Motor Co. Reconsideration of special permit Resolution 90-66 amendment Scott Miller, attorney for the applicant, explained the progress that has been made on Council 's concerns. Mayor Hanks wanted a completion date of Nov. 15, 1990. This was agreeable to Mr. Gold. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 90-66 entitled "A resolution rescinding Resolution 90-48 adopted on May 7, 1990 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance Code relating to zoning to allow a Class I restaurant at 4700 Excelsior Blvd." extending the completion late to November 15, 1990. The motion passed 6-0. 9f. Rec Center marketing plan Councilmember Mitchell moved and Councilmember Friedman seconded that the item be placed on a study session. The motion passed 5-1 (Mayor Hanks opposed) . 9g. Yosemite/Brookside bridge The Public Works Director displayed an overhead and explained what was proposed. Staff was seeking Council approval to pursue a variance from State standards for the installation of a bridge and curved road for a 20 mph speed rather than a broader sweeping bridge design allowing for 30 mph. It was moved by Councilmember Haun, seconded by Councilmember Tschida, to confirm the bridge alignment and direct staff to hold a neighborhood meeting. The motion passed 6-0. 9h. Park & Ride: Rogers Lease agreement with MnDOT111 , It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to direct staff to reconcile all concerns and report back to Council . He also asked that the landscaping needs be reviewed along with runoff, lighting, -82- City Council meeting minutes May 21 , 1990 III signing at Vernon Ave. , situation with people crossing at other than the signaled intersections and the cost involved in maintenance. The motion passed 6-0. 9i . Traffic study 424 Stop signs on W. 26th/Inglewood Resolution 90-63, 90-64 It was moved by Councilmember Friedman, seconded by Councilmember Haun to adopt Resolution 90-63 entitled "Resolution authorizing installation of traffic control signs at the intersection of W. 26th St. at Inglewood Ave." and Resolution 90-64 entitled "Resolution regarding traffic control installation at intersection of W. 26th St./Inglewood Ave." He was not including in his motion that the stop signs automatically come down when the site problems are taken care of. He felt if the situation were to be reviewed, it should come back to Council . 9j. Traffic study 425 Stop signs on Sunset/Inglewood Resolution 90-65 Councilmember Friedman said he had talked to residents of all four corners, all of whom favored the stop signs. III It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 90-65 entitled "Resolution authorizing installation of traffic control signs at the intersection of Inglewood Ave. at Sunset Blvd." The motion passed 6-0. 9k. Capital Improvement Program Councilmember Mitchell felt there were other options available which were not shown in the report. One option would be to approve only the Hwy. 7/Louisiana Ave. proposal and not address the rest of the CIP. Another option would be to approve what was before Council with the exception of the items related to tax increment finance district as discussed and put those back on the drawing board and come up with more of a menu than what was before them. Another option would be to postpone the matter altogether. A basic question: if no action is taken on the CIP, what are the implications. The City Manager referenced the first paragraph in the CIP introduction. Councilmember Mitchell felt it was difficult to project out as far as Council does. He felt the process should be looked at and maybe it needs to be shortened and prioritized differently. He saw two issues: whether Council really needed to go ahead and approve anything tonight and secondly, Hwy. 7/Louisiana. He viewed Hwy. 7/Louisiana as a separate issue from the rest of the CIP. -83- • City Council meeting minutes May 21 , 1990 Mayor Hanks was confused - how can you do any projects in 1990 if the 1990 CIP is not to be approved. III The City Manager said that was one of the objects of having a CIP, i .e. each year you don't have to start from scratch. There was discussion re the watermain project in front of the Cityscape project. The Director said that project had been approved in 1989. Councilmember Friedman also felt frustrated in being presented with a thick booklet and being asked to review it over a couple of weeks. He felt remiss in not voting for it, but felt he could not because there were elements of the program he did not understand. He thought the program should be approved project by project with a yearly update. Brian Weber, developer of Cityscape, was confused. His apartment complex is due to open in two months with access that is not only poor but dangerous. The only access seems to be the already impossible intersection at Woodlake and Hwy. 7 and his 400 apartment dwellers are going to add to the problem. He said his MnDOT permit for frontage road alignment was based on the watermain being installed. If this does not go, he no longer has a MnDOT permit and will be faced with water runoff on MnDOT land. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to continue the matter to June 18 with the removal of Hwy. 7/Louisiana Ave. during 1990. III Mayor Hanks was concerned about losing TIF monies if that were done. Councilmember Mitchell amended his motion to defer discussion of the CIP to June 18 and separate out Hwy. 7/Louisiana Ave. to be discussed on June 4. Also, have staff look into the Cityscape access and report back to Council . The motion passed 6-0. 91 . Recycling Townhomes, condominiums, apartment bldgs. A large group of townhouse/condo residents in Councilmember Friedman' s Ward would like to have a task force set up to work with City staff to see if they can't get City-wide pickup of recycling or some combination so they can participate in the City's very successful program. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to have staff and the interested parties get together and set up a task force to work with staff to bring back recommendations to the Council to develop a recycling/garbage collection program for townhomes/condos residents. The motion passed 6-0. -84- City Council meeting minutes May 21 , 1990 9m. Reiss liquor license The City Manager presented a brief update. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to direct the City Manager to proceed with settlement with Reiss' attorney. The motion passed 6-0. 9n. Roller Garden Mayor Hanks indicated he had many, many cards from individuals wishing to speak on this item. He called on those individuals as well as others who had not completed a card but raised their hand to speak. At the conclusion of all citizen testimony, Mr. Sahly, proprietor of the Roller Garden, addressed the Council . Councilmember Friedman said he had met with Mr. Sahly and harbored no feelings that Mr. Sahly or the Roller Garden was evil or out to do anything detrimental to the City. After sitting through the administrative hearing, Councilmember Friedman stated that it was the consensus of those testifying that they 111 did not know what further could be done to stop the problems at the rink. He didn't think anyone in the community had to put up with the problems going on at the rink; however, he did not want to close the business or be unduly harsh. He was disappointed Mr. Sahly had not accepted the proposed new closing hours proposed by the City Manager. He presented two ordinances for Council ' s consideration. In one proposal , the hours remain the same during weekdays and the rink closes at 8 p.m. Friday, Saturday and Sunday nights until the Council reviews the situation the second meeting in August. This would be an emergency ordinance. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to pass the two ordinances. The City Attorney said the two ordinances parallel the ordinance he earlier circulated implementing the City Manager's recommendation. Councilmember Friedman' s ordinances contained certain whereas clauses that would help to establish legislative history for the basis for the emergency ordinance and propose closing hours of 8 p.m. on Friday, Saturday and Sunday. Councilmember Tschida felt there was an over-reaction to the isolated incidents at the rink. She said she lived off Excelsior Blvd. and there have been robberies, shootings and similar unpleasant incidents ongoing over the years. She has never seen her neighborhood react to close any of the affected establish- ments on Excelsior Blvd. She was sympathetic with all the residents of the neighborhood around the rink but believed it to be a severe over-reaction. She felt the good Mr. Sahly's roller rink provided the patrons far outweighed these isolated incidents. She was willing to go along with Mr. Sahly's_ self- imposed earlier closing on Fridays and Sundays. Councilmember Mitchell felt the City had a credibility problem. He felt the situation had to be brought under control . He felt the emergency ordinance -85- City Council meeting minutes May 21 , 1990 was for a specific period of time and at the end of that time, the Council could look to ways to bring the operation back to a normal situation. He felt the City had to take control of the situation in a convincing way. Councilmember Battaglia was concerned about Mr. Sahly being put out of business. He acknowledged the difficulty of the situation. He wondered, with the sharp curtailment in hours as proposed by Councilmember Friedman's ordinance, could Mr. Sahly even make it to August. He would support Mr. Sahly's remaining open for extended hours for special parties, group gatherings on a case-by-case basis in order to keep revenues up. Councilmember Haun wondered how an 8:00 p.m. closing would impact the City's curfew. He, too, was not in favor of driving anyone out of business. The City Attorney reminded Council that emergency ordinances are uncommon and are effective only for 60 days. Secondly, by City Code, subject to a permit issued by the City Council , hours can be extended. Mayor Hanks was not aware of any problems on Saturday nights. He was in favor of earlier closing on Friday and Sunday, but not Saturday. The emergency ordinance vote failed 3-4 (Councilmembers Battaglia, Haun, Tschida and Mayor Hanks opposed) . A second ordinance embodying the same closing hours as the emergency ordinance introduced by Councilmember Friedman was presented by him. This ordinance did not contain emergency provisions. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to set second reading for June 4. Councilmember Mitchell suggested amending the proposed ordinance to leave Sunday at 8 p.m. , Friday and Saturday at ' 9 p.m. This was agreeable to Councilmember Friedman. The motion failed 3-4 (Councilmembers Battaglia, Haun, Tschida and Mayor Hanks opposed) . Councilmember Battaglia would support the City Manager' s hours if special parties and interest groups would be allowed to come in and stay late. The City Attorney pointed out that such an arrangement was allowable in existing City Code provisions. It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to set second reading of the ordinance for June 4, 1990 adopting the closing hours as recommended by the City Manager. The motion passed 6-1 (Councilmember Tschida opposed. ) 9o. Housing Authority minutes April 17 9p. Board of Zoning Appeals minutes April 26 9q. April 1990 financial reportIII 9r. 1989 comprehensive annual financial report By consent items 90 thru 9r ordered filed. -86- • City Council meeting minutes May 21 , 1990 :II[ UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to confirm Mayor Hanks' appointment of Paul Tschida to the Police Civil Service Commission. The motion passed 6-0. NEW BUSINESS lla. Change order Egan-McKay By consent, approve change order and extend contract completion date. lib. City Charter Councilmember Mitchell moved, Councilmem- ber Friedman seconded to place the Charter discussion on a study session. The motion passed 6-0. llc. Tax increment financing Councilmember Mitchell would like to see a menu of options developed the expenditure of TIF monies. What other kind of things can be done outside of road projects, etc. What are the possible scenarios that could be worked out with the School Board IIIIt was moved by Councilmember Mitchell , seconded by Councilmember Battaglia to put the item on the June 25 study session. MISCELLANEOUS 12a. Damage claims Leslie Nerenberg Jerry Sheehan By consent, claims referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks said Councilmembers Mitchell , Battaglia and Haun had indicated interest in serving on a joint City/School District facilities study. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims Councilmember Friedman had questions on two claims. The City Manager said he would be provided with explanation. 13b. Contract payment Partial - Maguire Iron. Water tower reconstruction -87- City Council meeting minutes May 21 , 1990 Councilmember Friedman asked for the particulars. The Director of Public Works said a seal had blown delaying final payment of this job. The City Attorney addressed Councilmember Friedman's concerns relative to this payment. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve and authorize payment. The motion passed 6-0. 14. Adjournment The meeting adjourned at 11 :30 p.m. - May / ,sft 7 ,&AA,-(-bh -cording ecretary -88-