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HomeMy WebLinkAbout1991/01/07 - ADMIN - Minutes - City Council - Regular 4a MICROFILMED MINUTES CITY COUNCIL MEETING - Ill - ST. LOUIS PARK, MINNESOTA January 7, 1991 1 . Call to Order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations Mayor Hanks noted that Scout Troop 369 was present to observe. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Larry Mitchell , Jane Tschida , Lyle Hanks and Keith Meland. Also present were the City Manager (Bill Dixon) , Director of Public Works (Jim Grube) , Director of Community Development (Dave Hagen) and the City Attorney (Lee Sheehy) . 4. Approval of minutes IIIIt was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve the minutes of the Dec. 17, 1990 meeting with the following correct- ions: pg. 198, last paragraph insert "said he" after Friedman; at end of same paragraph, after word "input" insert "and not asked to go through formalities when the predetermined answer was no. He said it was the intent of the Council to request the Planning Commission to consider an equitable change."; page 199, 4th paragraph after Jan. 7 insert "only to have Council work" . The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Friedman to approve the minutes of the year-end meeting of Dec. 27, 1991 . Mr. Dixon asked that the date in the item on severance pay be changed to Dec. 31 , 1990. The motion passed 5-0-2 (Councilmember Mitchell , Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Meland to approve the consent agenda. Councilmember Battaglia asked if items llb-llf could not be put on consent. -, Councilmember Friedman said he had previously requested that gambling license T , renewals not be on consent and was still of that mind. \,-1,-/ The motion failed 6-1 (Councilmember Friedman opposed) (unanimous vote required to place/remove items on the consent agenda) -1- City Council meeting minutes January 7, 1991 The items llb-llf remained on the regular agenda. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to approve the consent agenda. The motion passed 7-0. It was moved by Councilmemberl Haun, seconded by Councilmember Meland, to approve the agenda for Jan. 7, 1991 . The City Attorney asked for a closed meeting re litigation with no vote required. Councilmember Battaglia thought 9a should be discussed prior to 6a on I-394 sign heights. The City Attorney said it would be appropriate to place it before 6a. Councilmember Meland noted both actions on 6a and 9a were to continue. The motion passed 7-0. PUBLIC HEARINGS 6a. Win Stephens variance Signage on 1-394 appeal Mr. Dixon explained that this item involved an ordinance amendment to increase sign heights on the 1-394 corridor due to construction which has obliterated some commercial signs. It was moved by Councilmember Friedman, seconded by Councilmember Meland to continue the continue the public hearing to Feb. 19, 1991 . Mr. Sheehy noted the applicant had agreed to the continuance. The motion passed 7-0. 6b. Special permit - Sakol To permit single family house in Resolution 91-1 floodplain, Park Assembly of God: Karen Sakol and Bruce Tjosvold, 1400 Pennsylvania Ave. Councilmember Mitchell asked if notification to the neighbors had been sent. Mr. Hagen said it had to all residences within 350 ft. of the proposed house. Ms. Sakol 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 Mitchell , seconded by Councilmember Meland, to adopt Resolution 91-1 entitled "A resolution granting special permit under Section 14-23. 100 of the St. Louis Park Ordinance Code relating to zoning to permit construction of a single family house in the floodplain for property zoned R-1 , single family residence and F-2, floodplain district, located at 1400 Pennsylvania Ave." The motion passed 7-0. -2- City Council meeting minutes January 7, 1991 111 6c. Easement vacation 4043 Yosemite Ave. 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 Councilrnember Haun, seconded by Councilmember Tschida, to set second reading for Jan. 22, 1991 and authorize summary publication. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 8a. Official City newspaper It was moved by Councilmember Mitchell , Resolution 91-2 seconded by Councilmember Battaglia, to eto,pt. Rsolvtion ;i-2 entitled "A resolution designating official City newspaper for calendar year 1991 (Sailor)". The motion passed 7-0. 8b. Holiday Express Minor amendment to existing - special Resolution 91-3 permit to change building ' facade: Erickson Petroleum (Holiday Express) , 5720 Excelsior Blvd. It was moved by Councilmember Battaglia, seconded by Councilrnember Mitchell , to adopt Resolution 91-3 entitled "A resolution rescinding Resolution 6854 adopted on June 1 , 1981 and granting special permit under Section 14-156(15) of the St. Louis Park ordinance code relating to zoning to allow a motor fuel station and Holiday stationstore for property located in the B-2 business district at 5720 Excelsior Blvd." The motion passed 7-0. 8c. Light Rail Transit Time extension for preliminary Resolution 91-4 design approval It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Resolution 91-4 entitled "Resolution requesting time extension for southwest corridor light rail transit preliminary design plan review." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Sign heights- 1-394 corridor Councilmember Mitchell said Stephens' problem was easy to conceptualize. What he did not want to happen was a perception that the City' s sign ordinance was intolerable because it was not resolving an obvious problem. He did not want to see current regulations loosened to the point where ever higher and higher signs are popping up all over the community. Councilmember Tschida wondered if this relief was intended as temporary which would be revisited after I-394 is completed. -3- City Council meeting minutes January 7, 1991 illMr. Dixon said it was his understanding it was not temporary -- it is based on projections of how the road and walls will align. III Councilmember Tschida asked if there were some way this could be drafted as a temporary ordinance to be revisited when construction is complete. Mr. Sheehy said the obvious issue with a temporary ordirrnceis the amortization of the cost of the sign over a reasonable period of time. The City Attorney' s advice in the past w45 thatsubject to adoption of specific language, cities cannot amortize. He said temporary signage for construction periods of time are generally handled administratively, not by Council ordinance. Councilmember Battaglia complimented staff on their effort to return to Council pretty much the direction in which they wanted to address this item. Councilmember Mitchell wondered if it was justified to change the ordinance when basically it came down to one situation - Stephens - wherein a variance would affect a solution via variance which he would support. In answer to a question from the Mayor, Mr. Hagen responded that what the proposed sign ordinance does is allow signs to be higher than 25' in the event they are not visible from at least 50% of the roadway and allows them to go no more than 12 ft. higher than the 25 ft. but only to the extent to make the entire sign visible. It was moved by Councilmember Tschida, seconded by Councilmember Friedman, III to authorize preparation of an ordinance as recommended by the Planning Commission and set public hearing for Feb. 4, 1991 . The motion passed 6-1 (Councilmember Mitchell opposed) . 9b. Cavell/Minnetonka Request for neighborhood meeting By consent, staff authorized to hold neighborhood meeting. 9c. Housing Authority minutes Nov. 13, 1990 9d. Board of Zoning Appeals minutes Nov. 27, 1990 9e. Planning Commission minutes -Dec. 5, 1990 9f. Planning Commission minutes Dec. 19, 1990 Items 9c-9f ordered filed by consent. UNFINISHED BUSINESS Resignation from Policy Advisory Comm. : 10a. Boards and commissions Councilmember Mitchell felt no action should be taken on this matter at this time due to the current discussions going on with School Board members. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to accept Paul Kelsey' s resignation from the Board of Zoning Appeals. The motion passed 7-0. -4- City Council meeting minutes Jan. 7, 1991 III Councilmember Battaglia wanted a note sent to BOZA to compliment it on the fine job they have done rendering decisions on variances, thereby avoiding appeals to Council . Regarding interested applicants and current openings, Councilmember Mitchell asked for an update. NEW BUSINESS lla. Lawful gambling First reading of ordinance amending lawful gambling ordinance The City Manager and City Attorney briefly updated Council on what was before them this evening. Councilmember Mitchell asked what was different in these amendments from the original ordinance. The City Attorney responded that previously the City had no regulatory authority, and no criteria/standards existed. Then in August of 1990, the State required the City to either approve or disapprove license applications. Councilmember Battaglia asked if this were not a bit radical . He thought Council was looking at a reduction in the percentage in the amount of money III spent in the trade area; perhaps give additional thought to fraternal organiza- tions. The City Manager read the motion on this item from the Dec. 17 minutes which indicated Council wishedthe minimum requirements with which the City would need to comply. Councilmember Friedman felt if the City started setting up restrictions, for example how much an organization can spend, then the City is obligated to the electorate to tell them the City can control . He felt virtually no one knew what was going on with lawful gambling. He didn't want to put sanctions on gambling if he couldn't honestly say he was in control , he knows what's being taking in and what percentage they are giving out. He preferred the State take over regulatory control and the City get out of the gambling business. He felt the City Attorney brought back what was asked for, namely, the minimun regulations the City could impose. He has determined for himself that he will oppose pulltab licenses because their sale is easily manipulated. Councilmember Tschida said her frustration had to deal with State gambling officials' acknowledgment of the problems of cheating, skimming and unknowledg- able operators. She did not believe the Legislature has given cities the tools to combat or control those problems. She said she was coming to the same conclusion that Councilmember Friedman has, that the people of Minnesota want gambling and so be it. III Councilmember Mitchell said the thrust of his concern is that at some point the City will be challenged by the State that the City did not do its job. He would not want the City in that situation -- if it could even figure out what its job is. He viewed it as a hopeless issue. Mayor Hanks took the position that the City being protected was essential . -5- City Council meeting minutes Jan. 7, 1991 He felt it was out of control in the State. He wondered if anyone had any idea what was being made on the lottery. He had no idea what the Legislature would come out with next. Councilmember Haun felt there was no way lawful gambling could be controlled based on what the City had to work with. He hoped organizations would continue to spend their profits as they have done in the past such as scholarships. He'd like to see a report on what profits are being spent on. Roger ubsnAarcn9iirrsotsswergr � �s. Ed McDevitt, Knights f ulmuaridvid iaorcoAsc. aaloepr On the question of grandfathering, Councilmember Friedman would want the ordinance to read that anyone now in the business can continue with their current number of licenses. Councilmember Battaglia asked if the City needed an ordinance. The City Attorney said it was his advice that the City did need an ordinance for the purpose of establishing locational criteria. Councilmember Battaglia felt if the City really wanted to get out of the gambling business, why not just get rid of the ordinance and approve all requests for premises permits. Mayor Hanks could not see approving a permit next to a school . It was moved by Councilmember Meland, seconded by Councilmember Friedman, to approve first reading and set second reading for Jan. 22, 1991 and authorize summary publication and have the City Attorney and City Manager research the various questions raised by Council . The motion passed 6-1 (Councilmember Battaglia opposed) . llb. Braille Sports Foundation Premises permit to sell pulltabs at Resolution 91-5 Al ' s and Bunny' s It was moved by Councilmember Haun, seconded by Councilmember Tschida, to adopt Resolution 91-5 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 7-0. In answer to a question, the City Clerk said items llb-llf were all grandfathered because they existed when the ordinance was passed in August 1990. llc. American Legion Auxiliary Premises permit to conduct bingo/sell Resolution 91-6 pulltabs at Legion Club It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 91-6 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling. lld. Lion's Club Premises permit to conduct raffles at Resolution 91-7 VFW Club -6- City Council meeting minutes • Jan. 7, 1991 III It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 91-7 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 7-0. lle. Minnesota Brass Premises permit to conduct bingo/sell Resolution 91-8 pulltabs at Legion Club It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 91-8 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 7-0. llf. VFW Premises permit to conduct bingo/sell Resolution 91-9 pulltabs It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 91-9 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 7-0. IIIMISCELLANEOUS 12a. Damage claims By consent, claims referred to City Clerk and City Manager. 12b. Communications from the Mayor No business 12c. Communications from City Manager No business CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve the list of verified claims prepared by the Director of Finance dated Jan. , 7, 1991 in the following amounts and to authorize distribution of checks: Vendor claims: $583,973.94; payroll claims $26,820.76. 13b. Contract payments 1 . Final payment: G. C. Strasburg: Alley paving, random concrete replacement, bus plazas. Amount $5,108.58. By consent adopt Resolution 91-11 approving payment. III 2. Final payment: Egan-McKay: Opticom installation. Amount: $6,760.05. By consent, adopt Resolution 91-12 approving payment. 14. Adjournment The m-;•ting adjo rued at 8:55 p.m. Mayo / Recording Secretary -7-