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HomeMy WebLinkAbout1993/11/15 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA 111 November 15, 1993 1 . Call to order The meeting was called to order by Mayor Hanks at 7 :30 p.m. 2 . Presentations None 3 . Roll call The following Council members were present at roll call : Jeff Jacobs, George Haun, Keith Meland, Gail Dorfman and Lyle Hanks . Council member Mitchell arrived at 7 :45 . Also present were the City Manager (Mr . Meyer) , City Attorney (Mr. Sheehy) , Director of Community Development (Mr . Hagen) , Director of Public Works (Mr . Grube) , Assistant to the City Manager (Mr. Larson) , City Assessor (Mr. Stepnick) and Director and Asst . Director of Finance (Ms . McBride and Mr. Rambow) . 4 . Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the Nov. 1, 1993 meeting. The motion passed 4-0-1 (Councilmember Meland abstained) . It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to approve the minutes of the special City Council meeting Nov. 8, 1993 . The motion passed 5-0 . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for Nov. 15 , 1993 . The motion passed 5-0 . It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to approve the agenda for Nov . 15 , 1993 . The motion passed 5-0 . PUBLIC HEARINGS 6a. Delinquent fees Levy of assessments Resolution 93-181 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 later date . It was moved by Councilmember Meland, seconded by Councilmember 153 City Council minutes Nov. 15, 1993 Dorfman, to adopt Resolution 93-181 entitled "Resolution levying assessment for delinquent water/sewer/refuse, false alarms , nuisance abatements, tree removal and tree injection. The motion passed 5-0 . 6b. Conversion of PUD 300, 400, 600 Hwy. 169, and 435 Resolution 93-182 Ford Rd. There being no one 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 Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 - 182 entitled "Resolution converting a final general PUD plan and special permits to preliminary and final PUD plan relating to property in the "0" Office District at 300, 400, 600 Highway 169 and 435 Ford Rd. " The motion passed 5-0 . PETITIONS, COMMUNICATIONS, REQUESTS None. RESOLUTIONS AND ORDINANCES 8a. Water, sewer rates for 1993 Lois Spear of the Metro- politan Waste Control Commission addressed Council . She had been asked to be present to explain the 7% increase for 1994 . She gave an overview of the MWCC ' s proposed 1994 budget . Part of the increase was attributable to phosporus problems from agricultural and fertilizer run-off. Councilmember Meland wondered why cities were paying for problems caused by agriculture; if cities were, by means of yearly increases, subsidizing sewer systems for outlying cities which as yet do not have them; he questioned whether or not the City had ever received a credit for putting in its own sewer system. Ms . Spear said the City was receiving a yearly credit and she would check to see exactly what it is . She addressed the commission' s concern about its debt service and its desire to smooth out the yearly increases so they are more even each year, not peaking and then falling. Increases in the capital budget are for infrastructure repair and replacement, regulatory compliance and growth. She discussed other aspects of the rate structure . Mayor Hanks felt a large part of this problem rested with the Metropolitan Council which directs the MWCC. Councilmember Jacobs was in agreement that to the extent St . Louis Park is helping to pay the MWCC' s debt service, development 154 City Council minutes Nov. 15 , 1993 111 in the outlyinc areas was being subsidized . He felt that developing communities should pay for their own sewer systems . Ms . Spear briefly discussed the MWCC' s capital planning. Councilmember Meland noted that 10 years ago, there was no recycling. He felt that all communities themselves could convince people to reduce pcs:horus run-off with proper leadership . He didn' t recall that ever being discussed. Perhaps guidelines would be sufficient for each community to proceed independently such as with recycling programs . Ms . Spear said the MWCC was exploring with the Met Council where such leadership should be on this issue - should it be metropolitan-wide? and if so there would have to be legislation to create someone responsible for it . Mayor Hanks thanked Ms . Spear for speaking to the Council . It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve first reading, set second for Dec . 6, 1993 and authorize summary publication The motion passed 6-0 . 8b. Frauenshuh Final PUD approval for retail develop- Resolution 93-183 ment Richard Wicka, Frauenshuh Companies, referred to Concession No. 1 and requested that language be specific relative to the bus stop in that should the MTC move the bus stop, Frauenshuh would not be required to provide a pedestrian access elsewhere than along its south property line . Mr. Hagen said that was the intent . It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 93-183 entitled "Resolution approving final Planned Unit Development under Section 14 : 6-7 of the St . Louis Park Ordinance Code relating to zoning for property zoned "0" Office, C-2 commercial and R-C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Blvd. and Hwy. 100" . The motion passed 6-0 . 8c . Honeywell Partnership Exploration of a business/ Resolution 93-184 community partnership Councilmember Dorfman requested some minor changes in the resolution, to wit, in the first paragraph end the sentence with "outlined. " ; and in third paragraph, delete the phrase "on the 155 City Council minutes Nov. 15, 1993 basis the Honeywell proposal . " It was moved by Councilmember Dorfman, seconded by Councilmember 111 Mitchell , to adopt Resolution 93 -184 entitled "Resolution authorizing the City Manager to take necessary steps to enter into a public partnership agreement" as amended. Councilmember Jacobs suggested leaving this language in so that the Council would be apprised of exactly what the mutual objectives would be. Mr. Meyer said the language of the resolution was somewhat vague by intention. Specific language as to what the components would be would be brought back to Council . Councilmember Haun requested information from other communities who have had a similar arrangement with Honeywell . He was generally in favor of the proposal . Councilmember Meland said the School District had had some experience with Honeywell and that might be one place to ask for information. The motion passed 6-0 . 8d. Ford Rd. /Shelard Pkwy. Acquisition of right-of-way III Mayor Hanks asked why the City was paying for this . He wondered if staff had suggested the land being donated seeing as how it is to the advantage of others than just the City. Mr. Meyer said staff had had negotiations with property owners . At this point the indication is that the property owners are not willing to donate property. Mayor Hanks wished that staff would go back and try to negotiate for the land telling the property owners that in recent projects donation of land for some projects had been effected. Councilmember Meland said that perhaps the Council could defer this item to get an estimate of what the actual costs would be since no special assessments will be levied. In answer to a question from Mayor Hanks, Mr. Meyer said Plymouth was participating in the amount of 25% for portions of the project in that city. He asked Mr. Hagen if there were a problem with the PUD conversion proceeding ahead if this item is deferred. Mr. Hagen did not see a problem. a Il Councilmember Mitchell was in favor of deferral to see what City Al 156 Council minutes Nov. 15, 1993 negotiation can be made with the property owners . He felt this 111 situation was far more similar than dissimilar from the recent improvement at Park Place Dr. and Utica. It was moved by Councilmember Mitchell, seconded by Councilmember Meland, to defer the item to Dec . 6 . 1993 . Mr. Meland asked if staff could at that time provide a cost estimate of assessing this cost to Equitable . The motion passed 6-0 . 8e . Police/Fire pension increase Resolution 93-186 It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 - 186 entitled "Resolution authorizing an increase in the pension multiplier for members of the Police and Fire Consolidated Fund. " The motion passed 6-0 . 8f . Children First Resolution 93-187 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 93 -187 entitled "Resolution endorsing Children First : A Model Demonstration Project . " The motion passed 6-0 . 8g. Prince of Peace Lutheran Church Appeal of decision of BOZA Resolution 93-188 Councilmember Meland said this item has been talked about for a number of years . The church desires to' put in a new sign. He said if the variance is granted, three signs will come down and one will be put in place . He said there wouldn' t be a problem with setback but for the fact the church has, on several occasions, given up land for construction of the Hwy. 7 frontage road. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 93 -188 entitled "A resolution granting variance in front yard setback and sign size from Sections 14 : 5-4 . 5 (G) (7) and 14 : 6-2 . 6 (R) of the St . Louis Park Ordinance Code relating to zoning to permit a sign with a front yard setback of 5 feet instead of the required 30 feet, a total area of 170 square feet instead of the. maximum 80 sq. ft . and a maximum sign face area of 85 sq. ft . instead of the maximum 60 sq. ft . for property located in the R-C Multiple Family Residence District at 8115 State Hwy. 7 . " Councilmember Dorfman expressed her concern about variances 157 Council minutes Nov. 15, 1993 recently under consideration. She noted the zoning ordinance stipulates size, height, setback requirements for a reason and the new zoning ordinance even tightens those requirements up somewhat . If there is a rationale for having requirements in the zoning ordinance, why should exceptions be made. Bernhard Fokken, representing the church, addressed Council . He said the letters on the proposed sign will be reduced in size . In order to be read from Hwy. 7 , the sign needed to be placed in the requested location. The motion passed 5-1 (Councilmember Dorfman opposed) . 8h. Rogers Petroleum Tom Williams, representing Rogers, addressed Council . He was again requesting a curb cut reduced from 50 ft . from the -corner to 30 ft . when there is a median dividing the roadway in front of the curb cut . His client ' s desire is to re-establish his position as a conforming use as it was under the prior zoning ordinance. It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt the ordinance . Councilmember Mitchell would oppose believing the proper course of action was to seek a variance rather than an ordinance amendment . Councilmember Meland felt an amendment to the zoning ordinance was the way to go unless Council wanted to address every request from service stations that were likely to be coming in the future. Councilmember Jacobs asked that in the event a variance is granted would that result in their being non-conforming or would it bring them into conformance . Mr. Hagen said they would be conforming in the sense that the driveway has the variance. Mayor Hanks was interested in learning how other communities had handled this type of situation, particularly older communities . He also wondered what the effect would be on the rest of the gas stations in the City. The motion failed 2-4 (Councilmembers Jacobs, Mitchell, Dorfman and Mayor Hanks opposed) . There was concern that this action would benefit one business . Mr. Williams noted he had attached a list of the three stations that would be affected by a change to the ordinance. It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to defer consideration of this matter to Dec . 20 , 1993 158 City Council minutes Nov. 15, 1993 with further discussion to be held at the Dec. 13 study session. 111 The motion passed 6-0 . 8i . Medical/Dental labs To permit in C-2 district Ordinance 93-1935 It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell, to adopt Ordinance No . 93-1935 entitled "An ordinance amending the St . Louis Park Ordinance Code relating to zoning by amending Sections 14 : 5-5 . 3 (C) , (D) and 14 :6-1 . 3 (A) (34) . The motion passed 6-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Consultant selection Traffic signal design: Tower Resolution 93-189 Place It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 93-189 entitled "Resolution authorizing execution of a contract with Strgar-Roscoe-Fausch, Inc . for consultant services related to the design and construction oversight for Project No. 93-23 . " The motion passed 6-0 . 9b. Contaminated material Disposal Resolution 93-190 It was moved by Councilmember Meland, seconded by Councilmember Dorfman , to adopt Resolution 93 - 190 entitled "Resolution authorizing execution of a contract with United States Pollution Control for the disposal of contaminated soils generated during Project No. 89-05, the construction of the T.H. 7/Louisiana Ave. intersection. " The motion passed 6-0 . 9c . 1994 department study Proposal It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell, to approve staff ' s recommendation. Councilmember Mitchell asked what the City Manager hoped to accomplish with this study especially as it relates to housing. Mr . Meyer said that relative to Office Services , a physical change is contemplated as renovation is done to City Hall . The intent is to look at how business is done with Office Services, perhaps getting out of the paper production business . With 159 City Council minutes Nov. 15, 1993 respect to Community Development and Inspections, Council has on several occasions identified housing issues, both multi-family and single - family, as being priority concerns . Currently Community Development has some aspects of housing and Inspections has a significant role in the housing inspections area . In addition the Fire Department has a role in the multi-family inspections . He would like to see the study evaluate how the City handles single and multi-family housing and how efforts might best be coordinated to organize around the issue rather than around more traditional lines . The motion passed 6-0 . 9d. Human Rights Commission minutes Oct . 20 9e. Housing Authority minutes Oct . 12 • 9f . Planning Commission minutes Oct . 20 9g. Planning Commission minutes Nov. 3 9h. Neighborhood Revitalization Commission minutes Oct . 13 9i. Cable TV Advisory Commission minutes Oct . 28 9j . Park and Recreation Commission minutes Nov. 3 9k. October financial report Items 9d-9k ordered filed by consent . UNFINISHED BUSINESS 10a. Boards and commissions Interviews for individuals seeking re-appointment to boards and commissions will be held on Dec. 6 and 13 . NEW BUSINESS 11a. Minnesota Brass Gambling license renewal Resolution 93-185 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 93-185 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 6-0 . MISCELLANEOUS 12a. Damage claims None 160 12b. Communications from the Mayor 111 Mayor Hanks mentioned the press conference held that afternoon relative to the cross incident of the past Friday. 12c. Communications from the City Manager Mr. Meyer reminded the Council that the Truth in Taxation hearing is scheduled for Tues . , Nov . 30 at 7 : 30 p . m. in the Council chambers . In the absence of the Mayor, Mayor Pro Tem Meland will be presiding at that hearing. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated Nov. 15, 1993 was approved and checks authorized to be distributed in the following amounts : Vendor claims : $478, 914 .47 and payroll claims $29, 317 . 64 . 14 . Adjournment The meeting adjourned at 9 :30 p.m. I 4 lel/ / '- -- Maya afAtigr-) cording Secretary 161