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HomeMy WebLinkAbout1991/02/04 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 4, 1991 1 . Call to order The meeting was called to order at 7:35 p.m. by Mayor Hanks. 2. Presentations None. 3. Roll call The following Council members were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Lyle Hanks, Keith Meland, Larry Mitchell and Jane Tschida. Also present were the City Manager (Bill Dixon) , City Attorney (Lee Sheehy) , Director of Public Works (Jim Grube) , Director of Community Development (Dave Hagen) . 4. Approval of minutes It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the minutes of the January 22, 1991 meeting. The motion passed 4-0 (Councilmembers Haun, Tschida, Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to approve the consent agenda for Feb. 4, 1991 with the removal of 9f and 9i to the agenda. The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Mitchell to approve the agenda for Feb. 4, 1991 . The motion passed 7-0. _ PUBLIC HEARINGS 6a. Sign heights: 1-394 corridor Proposed amendment to ordinance Councilmember Mitchell asked how many other locations under the proposed ordinance would it be possible to put signage. Mr. Hagen said about six or less locations. Councilmember Mitchell 's concern wasrifthe ordinance was' being restrictive enough without going back to a variance process. Councilmember Battaglia questioned the ordinance as it might apply to the future, i .e. what if the Win Stephens property were sold. -14- -14- City Council meeting minutes Feb. 4, 1991 The City Attorney referenced those sections of the ordinance addressing such a situation. Councilmember Battaglia's point was that anytime road construction changes and impacts someone's property, the property owner should have recourse to have the situation changed. However, if they buy the property knowing there is limited visibility, he felt that was buyer beware. Mayor Hanks felt that too often a buyeris not made aware of the "beware." He would rather see an ordinance that will cover future contingencies. He didn't want to see present businesses leaving town and potential businesses being turned away because of such an ordinance. Councilmember Mitchell said he had preferred to make signage decisions on a case-by-case basis. To date, there is only one case, Win Stephens. Len Thiel spoke on behalf of the owner of the Amoco station, Mr. Speilman, at 1-394 and Louisiana. He said his station was impossible to see if traveling east on 1-394. He said staff had said he could not raise his sign. Mr. Hagen referenced the ordinance, noting 3 criteria must be met before sign height can be increased. In the Amoco case, the sign is visible from 50% of the freeway, thus not meeting No. 3 criteria. Councilmember Mitchell felt if requests were not judged on a case-by-case basis, signs would be popping up all over the place ala Houston. Councilmember Tschida agreed with Councilmember Mitchell that each case should be heard on an individual basis. Councilmember Mitchell said part of the problem was that the project is not finished -- he cannot visualize the impact of I-394 at this point. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve first reading, set second reading for Feb. 25, 1991 and authorize summary publication. The motion passed 7-0. There was discussion about the lengthy process applicants had to go through in seeking a variance. Councilmember Friedman asked why a resolution of approval/denial could not be before Council at one time so that applicants didn't have to go back and forth from one board/commission to another and thence to Council wasting some 2i months in the process. He made a motion to that effect. Councilmember Haun seconded for discussion. Councilmember Mitchell agreed, but questioned from a legal point of view if that would be appropriate. Councilmember Battaglia questioned how could Council both recommend and deny and what would the foundation be. -15- City Council meeting minutes Feb. 4, 1991 The City Attorney wished to emphasize that in the past several years in litigation, the City has been successful because the courts have looked to its resolutions of approval and denial which have been detailed andd justified by the record. He suggested Council direct the City Attorney's office and staff to see if the process cannot be expedited. Councilmember Friedman withdrew his first motion. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to refer the matter to the City Attorney and City Manager to see if there is a way the process can be speeded up. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. City Council vacancy It was moved by Councilmember Friedman, Resolution 91-24 seconded by Councilmember Meland, to adopt Resolution 91-24 entitled "A resolution declaring a vancy to exist in the office of Councilmember At Large "A" due to the resignation of Councilmember Bruce Battaglia." The motion passed 7-0. 8b. Transfer of funds, severance policy First reading of ordinance re transfer of funds for salary adjust- ments and severance pay policy It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve first reading, set second for February 25, 1991 and authorize summary publication. The motion passed 7-0. It was the consensus of the Council a quorum would not be present at the Feb. 19, 1991 meeting. On a motion by Councilmember Meland, seconded by Councilmember Haun, to move the meeting to Monday, February 25, 1991 . The motion passed 7-0. 8c. EVP installation/maintenance It was moved by Councilmember Battaglia Resolutions 91-25, 91-26 seconded by Councilmember Tschida to adopt Resolution 91-25 entitled "Installation of emergency vehicle pre-emption at the existing traffic control signal on T.H. 7 at Wooddale Ave." and Resolution 91-26 entitled "Revision, maintenance, operation and removal of emergency vehicle traffic control signal pre-emption systems at certain intersections on State trunk highways and city streets." The motion passed 7-0. -16- City Council meeting minutes FEb. 4, 1991 8d. Easement vacation 4043 Yosemite - Second reading of III Ordinance 1847-91 ordinance It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to adopt Ordinance No. 1847-91 entitled "An ordinance vacating a portion of the utility easement on Lot 26, Block 3, Suburban Homes Co. 's Addition (4043 Yosemite Ave. )" The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Access acquisition 7000 W. Lake St. (Holiday Station) Resolution 91-27 Len Thiel was present to answer questions. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 91-27 entitled "Authorizing condemnation proceedings, W. Lake St./T.H. 7 street improvements." Councilmember Battaglia asked if all options had been looked at outside of condemnation.which, for him, would be the last resort. Mr. Dixon said one option is currently being pursued in the spirit of avoiding condemnation. III Council was interested in seeing what condemnation would cost the city. Mr. Thiel said his client was willing to negotiate with the City at any time during the 90 days before the City could take control . Councilmember Tschida asked how this coordinated with the City's plans for the Hwy. 7/Louisiana interchange and what will be planned developmentally. Mr. Dixon said it was consistent, that this proposal had been shared with the consultant and they are planning on this as they do their work on the corridor study. Councilmember Tschida remained frustrated in that the Hwy. 7 corridor, instead of working as a whole developmentally, was being done in a piecemeal fashion. She still strove to see a true overview and found it impossible to make a decision on this item. She preferred to see the whole process slow down rather than jumping into a condemnation process. The motion passed 5-2 (Councilmembers Friedman, Tschida opposed) . 9b. Traffic study 438 By consent adopt Resolution 91-28 Resolution 91-28 entitled "Resolution authorizing permit,parking restrictions along the west side of Natchez Ave. from a point 30 ft. north of W. 38th St. to a point 50 ft. south of the dead end of the 3700 block of Natchez Ave." III -17- City Council meeting minutes Feb. 4, 1991 9c. Yosemite/Brookside bridge Neighborhood meeting comments It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to approve the recommendations as outlined in staff's report. The motion passed 7-0. 9d. Cavell Ave. Neighborhood meeting comments By consent, receive report for filing. 9e. Cavell neighborhood Neighborhood meeting comments It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia to direct staff to proceed with an in-depth study of the proposed project, including cost estimates and report back to Council . The motion passed 7-0. 9f. Neighborhood Revitalization Task Force Councilmember Friedman would like to see community participation in this project not necessarily people appointed by the Council . The people who served on the task force could be used as resource people but before implement- ing any program, neighborhood input should be sought. Councilmember Tschida explained the idea behind this project in that many project and programs which could cost the city money - child care, programs for elderly, school programs - could be done by neighborhoods and spending much less money than is being spent now. She suggested it be put on a study session. It was moved by Councilmember Tschida, seconded by Councilmember Friedman, that this item be placed on the next study session agenda. The motion passed 6-0. (Councilmember Meland had left the chambers) . 9g. Planning Commission minutes Jan. 16 9h. Request for neighborhood meeting: I-394/Hwy. 100 Items 9g, 9h ordered filed by consent. 9i . December financial report Councilmember Friedman asked for clarification re tax increment property tax payments being transfered to the EDA for capital construction projects. Mr. Dixon said he would provide that information in more detail by week 's end. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to accept the report for filing. -18- City Council meeting minutes Feb. 4, 1991 UNFINISHED BUSINESSIII 10a. Boards and commissions Council wanted to interview any other applicants who had applied in the interim. lOb. Gambling ordinance Second reading Ordinance 1848-91 It was moved by Councilmember Friedman, seconded by Councilmember Tschida to adopt the ordinance. In answer to a question from Mayor Hanks, the City Attorney said the ordinance before Council does grandfather in non-profit organizations who currently have licenses but because of parking restrictions or other reasons would not qualify for new licenses. What it does not do - in the instance of a non-profit organization that is in a for-profit bar - should the bar be a non-conforming use) another organization would not be permitted should the original organization cease its business. Mayor Hanks viewed the ordinance ' as' a way -of getting _pulltab operations out of the bars which he felt treated them differently from non-profit organiza- tions. Councilmember Battaglia felt the ordinance under consideration was inadequate. He felt the City could regulate charitable gambling and that the State hadIII given the cities the means to enforce. He could not support it as written. Dan Chandler, Mn/USA Wrestling addressed Council . He did not think the proposed ordinance was fair to the charities, the establishments or patrons of the establishment. In a poll he conducted of the Council , he found confusion as to what the intent of the ordinance was. Councilmember Mitchell asked if any other fee that the $250 could be charged to assist in covering the legal fees incurred in developing this ordinance. Mr. Dixon said there is a provision in State law wherein a city can charge a 3% fee on lawful gambling organizations. He said the Council had chosen not to activate that provision. The City Attorney said the_ ordinance and probably State law does not allow the City to directly assess legal fees to the applicant. Councilmember Friedman moved to call the question which passed 6-1 (Mayor Hanks opposed) . The motion to adopt the ordinance passed 4-2 (Councilmembers Battaglia and Mitchell opposed) . 10c. Air Force Assn. Request to sell pulltabs at Classic Resolution 91-29III It was moved by Councilmember Tschida, seconded by Councilmember Battaglia to adopt Resolution 91-29 entitled Resolution of the St. Louis Park City -19- City Council meeting minutes Feb. 4, 1991 Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 6-0. 10d. MN/USA Wrestling Request to sell pulltabs at Classic Resolution 91-30 It was moved by Councilmember Tschida, seconded by Councilmember Battaglia adopt Resolution 91-30 entitled A resolution of the St. Louis Park City Council denying issuance of a premises permit for the conduct of lawful gambling." The motion passed 6-0. NEW. BUSINESS lla. Tree injection program Proposed extension It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to approve extension of the 1990 Rainbow Tree Service Arbotect elm injection contract. Councilmember Friedman asked if this item were in the budget. The City Manager said it was in the Forestry division of the Parks and Recreation Department. The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Edward Kintop By consent, claim referred to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks said a letter is going to Nortel Cable relative to their announced rate increase. Bruce Battaglia said that in Minnetonka CNN was moved off the regular 12 channel lineup necessitating rental of the cable box. He wanted Nortel to be apprised of the fact that the City was opposed to this. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, that the City invesitgate a City-operated cable system. Council vacancy: It was the consensus to publicize the vacancy in the Sailor and on government access cable tv with a deadline for receipt of resumes of Feb. 20. 12c. Communications from City Manager Mr. Dixon reminded Council of the meeting on Wed. evening and the joint meeting with School Board on Feb. 11 at 6:00 p.m. -20- CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims III prepared by the Director of Finance, dated Feb. 4, 1991 was approved in the following amounts: Vendor claims: $884,828.60 and Payroll claims $18,235.07. 13b. Payments 1 . Final : National Automatic Sprinkler Co. , City Hall update. Amount: $13,124.55 By consent, adopt Resolution 9114 entitled "Resolution accepting work on City Hall first floor sprinkler system." 14. Adjournment The meeting adjourned at 9: 16 p.m. , 09 Mayor 00r yq-L—h Rec rding Secretary III i 4 -21-