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HomeMy WebLinkAbout1993/11/01 - ADMIN - Minutes - City Council - Regular 4a 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 1, 1993 1. Call to Order The meeting was called to order at 7 :30 p.m. by Mayor Lyle Hanks. 2 . Presentations Mayor Hanks read a proclamation for Chemical Dependency Week which was accepted by Barry Duayer. 3 . Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Larry Mitchell, Gail Dorfman II and Lyle Hanks. Also present were the City Manager (Mr . Meyer) , Deputy City Attorney (Suesan Pace) , Director of Community Development (Mr. Hagen) , Director of Public Works (Mr. Grube) , Director of Parks and Recreation (Mr. Gears) , Director of Finance (Mrs . McBride) and Asst . to the City Manager (Mr. Larson) . 4 . Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell, to approve the minutes of the October 18, 1993 meeting. The motion passed 5-0-1 (Councilmember Dorfman abstained) . 5 . Approval of agenda It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the consent agenda for November 1, 1993 . The motion passed 6-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for November 1 , 1993 with the following addition : Item 11c . Proposed Hennepin County cost participation policy for cooperative highway projects . The motion passed 6-0 . III 146 City Council meeting minutes Nov. 1, 1993 PUBLIC HEARINGS 6a. Amendments to Zoning Ordinance To permit medical/dental III laboratory with conditions in C-2 District 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 Jacobs, seconded by Councilmember Mitchell , to approve the Planning Commission' s recommendation that medical and dental laboratories be permitted with conditions as recommended in the C-2 District, to approve first reading, set second for November 15, 1993 and authorize summary publication. The motion passed 6-0 . 6b. KK Corporation Russian Hut, 5617 Wayzata Blvd. Resolution 93-174 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 Friedman, seconded by Councilmember Haun, to adopt Resolution 93-174 entitled "A resolution granting conditional use permit under Section 14 : 5-6 . 2 (D) (2) of the St . III Louis Park Ordinance Code relating to zoning to permit a restaurant with liquor for property zoned "0" Office District located at 5617 Wayzata Blvd. " Mr. Hagen requested an amendment to the second condition that the number 152 be changed to 155 . The applicant has found a way to increase the off-street parking spaces by three and therefore the variance that was granted allowed for 155 spaces . This was agreeable to the maker and second of the motion. In answer to a question from Councilmember Dorfman re landscaping, Louise Segretto, representing the applicant , responded the landscaping plan will be supplemented and in before deep frost . The motion passed 6-0 . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Petition for stop sign Huntington and Cedar Lake Rd. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to direct staff to hold a neighborhood meeting. III 147 City Council meeting minutes Nov. 1, 1993 The motion passed 6-0 . 111 RESOLUTIONS AND ORDINANCES 8a. Rogers Petroleum Second reading of ordinance re Ordinance 93-1933 text amendments requested by Rogers Petroleum It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Ordinance No . 93 -1933 entitled "An ordinance amending the St . Louis Park Ordinance Code relating to zoning by amending Sections 14 :5-3 . 2, 14 :5-5 . 1 and 14 : 5-5 . 3 . " (Alternative No. 1) . Councilmember Mitchell said he did not have a problem changing the zoning from C-1 to C-2; however, he did believe the proposed reduction from 50 to 30 feet (driveway setback from intersection) needed a closer look because of implications to other locations than just Rogers Petroleum . He felt it should be further discussed in a broader zoning context much like landscaping. He wondered if the rest of the ordinance could be adopted without this section (Alternative No. 1) . Ms. Pace felt a friendly amendment could modify the ordinance. 111 Councilmember Mitchell so offered a friendly amendment to modify. Councilmember Dorfman had concerns about consistency in amending the zoning ordinance. Councilmember Jacobs was in favor of the change from C-1 to C-2 but he did have a problem tying in the driveway setback without knowing what sort of implication that would have throughout the City and agreed with Councilmember Dorfman. Tom Williams, attorney for the applicant , did not believe the motion before Council was the motion passed at the Oct . 18 meeting. He said that was to reduce to 30 ft . only in situations where there was a median between traffic lanes . Councilmember Friedman asked Mr. Williams if No . 7 (reduction from 50 to 30) were deleted this evening and the rest approved, would he have any objection. Mr. Williams said he had no objection to that . Councilmember Friedman amended his motion to omit No. 7 from the ordinance, refer it back to staff for further study and then to return to Council for action and that Mr . Williams be kept apprised of their study. This was agreeable to Councilmember Haun. 148 City Council meeting minutes Nov. 1, 1993 The motion as changed was approved 6-0 . 8b. Rogers Petroleum Second reading of ordinance to amend Resolution 93-1934 Zoning map It was moved by Councilmember Friedman, seconded by Councilmember Jacobs , to adopt Ordinance 93 -1934 entitled "An ordinance amending the St . Louis Park Ordinance Code changing boundaries of zoning districts. " The motion passed 6-0 . 8c. Bias Crime report Resolution 93-175 It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to adopt Resolution 93 -175 entitled "Resolution reaffirming the City' s commitment to enforcing enhanced penalties for bias crimes. " The motion passed 6-0 . 8d. Proposal to conduct audit Resolution 93-176 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 93-176 entitled "Resolution to retain the George M. Hansen Co. for 1993 audit services. " The motion passed 6-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Neighborhood Revitalization Commission Change in By-Laws It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to approve the proposed amendments to the Rules of Procedure of the Neighborhood Revitalization Commission as proposed by the Commission. The motion passed 6-0 . 9b. Deer Management Task Force Linda Hatfield, member of FATE (Friends of Animals and Their Environment) addressed the Council to tell about the organization and offer additional information on deer management . Councilmember Dorfman thanked the task force for its efforts in this matter. It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to receive the report for filing, direct staff to publish 149 4 City Council meeting minutes Nov. 1, 1993 the findings, schedule a public meeting and report back to Council by Dec. 20, 1993 . The motion passed 6-0 . 9c. City Engineer' s report Public improvements : Tower Place Resolution 93-177 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman , to adopt Resolution 93 - 177 entitled "Resolution accepting City Engineer' s report, establishing Project No. 93-23 , ordering a public hearing for Project No. 93-23, the construction of improvements along Excelsior Blvd. , Park Center Blvd. and the exit and entrance ramps along northbound Hwy. 100 and authorizing execution of a contract with RLK Associates for consultant services related to the design and construction oversight for Project No. 93-23 . " The motion passed 5-0-1 (Councilmember Haun abstained) . 9d. Planning Commission minutes October 20 9e. Human Rights Commission minutes September 22 By consent, 9d and 9e ordered filed 111 UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell, to appoint Laura Daly to the Planning Commission. The motion passed 6-0 . NEW BUSINESS lla. St. David' s Church Gambling license renewal exemption It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the exemption and waive the 30-day waiting period. The motion passed 6-0 . llb. Capitol Communications Resolution 93-178 Change order No. 2 Councilmember Friedman asked if this change order would have been necessary had the City not entered into the arrangement with Golden Valley. Mr. Larson said it would not have been necessary. 150 City Council meeting minutes Nov. 1, 1993 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 93-178 entitled "Resolution pertaining to change order No. 2 for Contract No. 2088 . " III The motion passed 6-0 . llc. Proposed Hennepin County cost participation policy for cooperative highway projects Mr . Grube said of concern to staff is the proposed policy relating to increased city contribution required if tax increment financing is used for projects . A proposal to limit that policy to apply to economic development districts created after Dec. 31, 1993 has been proposed by affected cities . He said a letter had been sent to the County expressing the cities ' position, but was probably lost at their offices. Mayor Hanks asked if this position should be reaffirmed and taken to the upcoming meeting. Mr. Grube said yes. Mr . Meyer noted staff ' s intent with the memo was to urge Councilmembers to make personal contact with the City ' s representatives of the Hennepin County Board of Commissioners . He emphasized that the situation in St . Louis Park is different from building on virgin ground out in fourth ring suburbs and that the County Commissioners ought to recognize that in their policies relative to supporting redevelopment projects in a TIF in a first-ring area. Councilmember Friedman suggested it would be helpful to remind Council of previous commitments made on its behalf especially when done some time ago. Councilmember Haun asked for a written summation of what staff would suggest Council talk to the Commissioners about so that all Councilmembers are in concert . Councilmember Dorfman asked if there were an opportunity for public comment at the Thursday County Commission meeting or did staff plan to attend. Mr. Meyer said he didn' t believe anyone was planning to attend as the City had previously made its position clear . Mayor Hanks suggested getting input from the Commissioners as to whether they felt any staff or Council representitives should be present . MISCELLANEOUS 12a. Damage claims Sharon Sorenson Theodore Rudy III 151 By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor 111 Mayor Hanks reminded all of the SPS groundbreaking on Tues . at 11 : 30 and that on Thursday night the AMM was meeting in Arden Hills. 12c. Communications from the City Manager - None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, adopt verified claims prepared by the Director of Finance and authorize payment in the following amounts : Vendor claims : $916, 744 . 32 and payroll claims $12, 471 .37 . 13b. Contract payments By consent , approve the following contract payments : 1 . Final : Killmer Electric Co. , emergency vehicle pre-emption systems. Amount : $1,431.40 (Resolution 93-179) . 2 . Final : Capitol Communications , Police station . Amount : $63, 872 . 82 . (Resolution 93-180) Partial payments: 3 . Faircon Service, ventilation improvements at MSC. Amount : $28, 500 . 4 . Gunderson Brothers, random concrete replacement, City-wide . Amount : $13, 950 . 75 5 . Midwest Asphalt, Cedar Lake Rd. /Texas Ave. Amount : $89, 780 . 18 . 6 . Midwest Asphalt, north/south frontage roads of Hwy. 7 east of Hwy. 100 . Amount : $208, 801 7 . Midwest Asphalt, Boone Ave. , Forest Lane, W. 14th St . Amount : $23, 292 . 99 8 . Adolf son & Peterson, Police station. Amount : $22, 251 . 14 . Adjournment The meeting was adjourned at 8 :30 p.m. tdi* h/a4itl Mayor/ 1111 Ak6lh R-cording Secretary 152