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HomeMy WebLinkAbout1993/04/19 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 19, 1993 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks made the following presentations: Honorary Citizen Certificates to Major Shlomit Korem and Major Orly Malka of the Israel National Police. Presentation of plaque and Resolution 93-13 to recently-retired Director of Finance Harlan Syverson Proclamations for Caring Youth Day and Arbor Day 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Larry Mitchell , Gail Dorfman and Lyle Hanks Also present were the City Manager (Mr. Meyer), MIS Coordinator (Mr. Pires) , City Attorney (Mr. Sheehy) , Dir. of Community Development (Mr. Hagen) , Dir. of Public Works (Mr. Grube) , Dir. of Parks and Recreation (Mr. Gears) and Personnel Officer (Mr. Wysopal ) . 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Dorfman, to approve the minutes of the joint Council/Cable TV Advisory Commission meeting of March 15, 1993. The motion passed 4-0-3 (Councilmembers Jacobs, Haun and Friedman abstained) . It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell to approve the minutes of the March 15, 1993 Council meeting t the following correction: Councilmember Mitchell moved but did not second/ he 'motion passed 5-0-2 (Councilmembers Friedman and Haun abstained) . It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the minutes of the April 12, 1993 study session. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda with the addition of the list of verified claims paid on April 5, 1993 37. City Council meeting minutes April 19, 1993 The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for April 19, 1993. The motion passed 6-0. PUBLIC HEARINGS 6a. Olive Garden Restaurant Application for on-sale, Sunday-sale liquor license for new construction planned at 5235 Wayzata Blvd . 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 Friedman, to approve the application. The motion passed 6-0. 6b. Olive Garden Restaurant Conditional use permit to permit Resolution 93-31 a restaurant with liquor: MEPC Properties 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 Jacobs, to adopt Resolution 93-31 entitled "A resolution granting conditional use permit under Section 14:5-6.2(D) of the Ordinance Code relating to zoning to permit a restaurant with liquor for property zoned "0" Office District located at 5235 Wayzata Blvd." The motion passed 6-0. 6c. Conditional use permit 50 cubic yards of fill in floodplain: Rick Bateson, 9311 and 9315 W. 23rd St. The City Attorney said a procedural question had arisen out of City Code: The need for certain agencies including the Minnehaha Creek Watershed District to act on the pending permit before the City acts. The District will not meet until April 22. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to continue the matter to May 17. The motion passed 6-0. Councilmember Mitchell asked that it be put on the next study session. 6d. Lawrence Pattock/Edwina Cannon Zoning Ordinance amendment to change off- street parking requirement for small medical and dental offices Mr. Pattock made a lengthy presentation to Council relative to his request. 38. City Council meeting minutes April 19, 1993 To clarify the issue for Council , Mayor Hanks asked Mr. Pattock asked Mr. Pattock is he applying for a zoning change or reconsideration of the parking issue. He said the agenda item addressed a change to the off-street parking requirements and Mr. Pattock seemed to be addressing a zoning change. Mr. Pattock said he would be satisfied with a change in parking if the Council would consider that. The City Attorney said before Council was a request to amend the zoning text to modify the parking requirements for all small medical and dental offices. He said a rezoning would have to proceed through the usual channels of Planning Commission review and public hearing. asked Commissioner Jacobs/what was the process to rezone just this parcel to allow a medical/dental office building? Mr. Hagen said the Comprehensive Plan designation for the site would need to be changed to higher density residential and thereafter the site rezoned from R-2 to a higher density. He said to do this only on this parcel gets back to spot zoning which the Council generally disapproves of. Councilmember Friedman did not want to send the applicant away to chase something else which would then a denied. Whatever this matter was left at tonight, he wanted the applicant /Rave a reasonable opportunity to either get what he wants or be denied now. He also had some difficulty with the `Towncrest building being zoned commercial and half a block away a building has been used for 23 years and now its use is less intensive. He wanted the property owner to be given an idea of what he can reasonably expect the Council to grant and that something be done by Council to allow him to exercise his right to run his building that's been there for 23 years. The City Attorney said by maintaining the non-conforming use status, the City preserves the right to use the property. However, to the extent the Council wanted to go forward and allow the parcel to be used for medical/dental purposes, and amend the parking requirements, how many parcels in the City would it impact. Mr. Hagen said about 10 parcels are occupied with small medical/dental offices, all of which comply with off-street parking requirements. It was his feeling the ordinance should be amended per the request of the applicant as opposed to amending the Comp Plan and zoning ordinance map. It would grandfather in medical/ dental offices as a non-conforming use which would permit this at the subject property. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to open it in the future. It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to adopt Alternative #1 of staff's report and prepare a resolution to come back to Council . Councilmember Mitchell would like to see a report of the implications of this in other areas in terms of parking. The motion passed 6-0. 39. City Council meeting minutes April 19, 1993 6e. Amendments to the zoning ordinance There being no one wishing to speak, the Major closed the hearing III with the right of Council to reopen it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second reading for May 3, 1993 and authorize summary publication. Councilmember Dorfman referenced item 22. Clubs and lodges, making the zoning conditions similar to those of restaurants. Does this mean clubs and lodges would have to meet parking, access, buffer yard requirements as restaurants. Would some clubs and lodges become non-conforming. Mr. Hagen said it would not. Councilmember Dorfman referenced solar access rights. Are these rights being done away with under the amendments. Mr. Hagen read from the proposed amendment which referred to multi-family and commercial vis a vis solar rights. It excluded residential . In answer to why residential was being excluded, Mr. Hagen said it was found to be an unworkable regulation. Staff felt it was not reasonable to impose such a limitation. Commissioner Dorfman felt residents were encouraged to improve their homes. III At the same time it would be good if solar access rights could be observed. Could this not be accommodated. Mr. Hagen suggested staff do further study in order to accommodate Councilmember Dorfman's concerns. Mr. Pires suggested this come back to Council at a study session prior to May 3. The motion passed 6-0. 6f. Assessment hearing - 9022 28th St. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs to continueto May 3, 1993. 6f. Community Development Block Grant Program Year XIX Resolution 93-30 The following individuals addressed Council relative to their allocation requests: Charlie Warner, Community Action; Jim McDonough, West Hennepin Human Services Planning Board along with Marcy Shapiro of the Board; Grace Norris, Greater Minneapolis Day Care Assoc. ; Adele Metta, Senior Community Services; Jonathan Farmer, Community Involvement Program. Mr. Wysopal presented some brief comments on the report. 40. City Council meeting minutes April 19, 1993 Mayor Hanks asked if the allocations were approved as presented, can the figures be adjusted during the year. Mr. Wysopal said they could be, although it would be easier to reallocate a City expenditure rather than a social service allocation. Councilmember Friedman was concerned about the last minute time crunch for considering this program. He recalled last year asking for it in advance of the public hearing. He asked if there were only 60 homes with a lead problem? Mr. Grube said yes. Councilmember Friedman referenced the ACT program which did not meet income considerations. He noted this program did case management of children from disturbed, broken, single families who are not functioning well . He felt this type of program was most important and he'd like to see this type of program funded to some extent that will assist the youth in the community so they can become productive adults. If at all possible, he would like reconsideration of this program. Councilmember Mitchell asked if the function of Council was to rearrange the priorities; or move forward and accept staff proposal . For sure, the ADA expenti- ture was going to have to be addressed, one way or another. He didn't see how percentage allocations could be decided this evening. He suggested approval of the overall program and then re-examine the individual programs. Councilmember Jacobs concurred. Councilmember Dorfman said she had been notified by the City Attorney's office that because she sits on the board of one of the agencies under consideration, it would be a conflict of interest for her to participate and vote. Mayor Hanks would like to see the item on a study session where Council can look at it and discuss in more detail . There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen it at a future date. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 93-30 entitled "Resolution approving projected use of funds for 1993 (Year XIX) of the Urban Hennepin County Community Development Block Grant Program" and schedule the matter for a study session within the next six weeks. The motion passed 5-0-1 (Councilmember Dorfman abstained) . It was the consensus to put on the April 26 study session in order to expedite a decision. Councilmember Mitchell wanted to verify that only those agencies who have made requests would be discussed. The Mayor said that was correct. 6h. Cty. Rd. 25 reconstruction North/south frontage roads Several people addressed this issue: Jim Thompson, 3040 Inglewood, was opposed to the construction; David Hill , General Office Products, 4521 Hwy. 7, was opposed to the project, citing that the cost exceeds the benefit; Bill Treasurer, 41 . City Council meeting minutes April 19, 1993 4055 Hwy. 7 believed this was an important project, that the status of the frontage road in front of his property is a disaster and he was all in favor of it; Ted Arneson, Professional Instruments, property owner on both sides, was highly opposed to the project as it had been improved only ten years ago. He also was concerned about increased traffic generated by any improvements. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen it at a future date. In answer to a question from Councilmember Mitchell , Mr. Grube offered follow-up comments: the pavement Mr. Arneson-referred to was indeed installed some 10 years ago along with curb and gutter. No other section of the frontage road has curb and gutter; in front of GOP, the quality of the pavement could be average, but over all from Glenhurst on the east to Belt Line on the west the quality is poor; the north frontage road from Joppa to Natchez is poor. These roadways will have to be addressed soon because the maintenance is becoming excessive. He briefly discussed the assessment policy. Mayor Hanks said he'd like to look at this at the upcoming study session. It was the consensus to continue the public hearing to May 17, which was moved by Councilmember Mitchell , seconded by Councilmember Jacobs. The motion passed 6-0. PETITIONS, COMMUNICATIONS, REQUESTS III None. RESOLUTIONS & ORDINANCES 8a. 6900 W. Lake St. Disposition of tax-forfeit property Mayor Hanks asked what the price of the property was. Mr. Hagen responded it has been appraised at $17,000. Councilmember Friedman found that figure unbelievably low and suggested another appraisal . Mr. Hagen said the reason it was so low is that it cannot be used in the future as it previously was because of inadequate street parking. Councilmember Friedman said he'd like time to look at this. It was moved by Councilmember Friedman, seconded by Councilmember Dorfman to defer this matter to an upcoming study session. The motion passed 6-0. Councilmember Friedman asked that detailed information regarding the parcel be submitted to Council before the study session on which it is scheduled. 8b. Continuation of CDBG program Resolution 93-32 III By consent, adopt Resolution 93-32 entitled "Joint Cooperation agreement between the City of St. Louis Park and Hennepin County for CDBG program 1994, 1995, 1996." 42. - City Council meeting minutes April 19, 1993 8c. Exclude Charles Meyer from PERA By consent, adopt Resolution 93-33 111 Resolution 93-33 entitled "Resolution approving election of Charles W. Meyer to be excluded from Minnesota Public Employees Retirement Association." 8d. Mutual Aid Fire Agreement It was moved by Councilmember Friedman, Resolution 93-34, 93-35 seconded by Councilmember Jacobs, to adopt the resolutions: 93-34 entitled, "Resolution approving an agreement for joint and cooperative use of fire per- sonnel and equipment (St. Louis Park contract 1951-93) and 93-35 entitled, 'Resolution approving agreement for joint and cooperative use of a fire edu- cation display (St. Louis Park contract 1951-93a)j' The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Parking ramp licensure Consultant insurance requirements It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to approve first reading, set second for May 17, 1993 and authorize summary publi- cation. The motion passed 6-0. 9b. Park Center Blvd. City Engineer's report Resolution 93-36 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 93-36 entitled "Resolution accepting City Engineer's report, estab- lishing improvment project 90-23 and establishing an improvement hearing for project 90-23 and sponsoring a neighborhood meeting for the reconstruction of Park Center Blvd." Councilmember Mitchell asked how this project would work in terms of the Park Nicollet development. Mr. Grube said staff had had 3 discussions with Park Nicollet architects/land- scapers to attempt to connect everything together. The motion passed 6-0. 9c. Fire Department Management study It was moved by Councilmember Resolution 93-37 Jacobs, seconded by Councilmember Haun, to select the Carroll Buracker firm to conduct the study. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to adopt Resolution 93-37 entitled "Resolution regarding personnel actions relative to Fire Department Management Study." The motion passed 6-0. 43. City Council meeting minutes April 19, 1993 9d-9j. Commission/committee minutes By consent, the following minutes were received for filing: Housing Authority, March 9; Neighborhood Revitalization Commission minutes March 10, March 24; Cable TV Commission minutes March 15; Planning Commission minutes March 3, March 17; March financial report; Board of Zoning Appeals minutes February 25; and Parks and Recreation Commission minutes April 14. UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks asked that thank you letters be sent to Karen Musolf and Therese Crisman who have resigned from the Housing Authority and West Hennepin Human Services Planning Board, respectively. The following appointments were made: Dennis Morris to the Planning Commission (moved by Jacobs, seconded by Mitchell) Paul Roberts to Board of Zoning Appeals (moved by Jacobs, seconded by Mitchell) Marilyn Israel and Barbara Bearman to Human Rights Commission (moved by Jacobs, seconded by Mitchell) Yvonne Bergquist to Neighborhood Revitalization Commission (moved by Jacobs, seconded by Dorfman) Jim Grube to Bassett Creek Watershed District (moved by Jacobs, seconded by Friedman and adopting Resolution 93-38) Mel Davis as alternate to Bassett Creek Watershed District All motions passed 6-0. 10b. 1992 board/commission annual reports - It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell to receive the reports for filing. The motion passed 6-0 Mayor Hanks asked that letters be sent to board/commission chairs thanking them for the work that went into preparation of the reports. Councilmember Jacobssug- gested discussion re a board/commission open house be placed on a study session. NEW BUSINESS lla. Taxicab fare increase It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to receive the report for filing and authorize preparation of an ordinance amendment whereby taxi rates or fares shall not exceed those charged in Minneapolis. A lengthy discussion followed relative to the City being tied to the Minneapolis rate. In answer to a question from Councilmember Haun if the rates change when a cab goes from St. Louis Park to Minneapolis, Fred Bankenberg, Blue and White Taxi of Minneapolis said they did not. He said the company was applying to surrounding communities for rate increase as well . The motion failed 3-3 (Jacobs, Haun, Dorfman in favor; Friedman, Mitchell and Hanks opposed) . • 44. City Council meeting minutes April 19, 1993 In answer to a question, the City Attorney referenced the City Clerk's report, 111 noting that if the Council does not wish to approve the proposed increase, an alternative is to call a public hearing and consider the applicant's testimony. He said he believed failure to act would allow on the 30th day the request to be automatically granted and moving to deny is inconsistent with the Code. Councilmember Friedman moved for a public hearing. The motion died for lack of a second. Councilmember Jacobs felt a public hearing would not be productive with taxicab owners saying they need the increase, members of the public that they don't. It was his feeling there's a market that drives Minneapolis' charges and the City should use that as a benchmark. Mayor Hanks said he could support a motion that the Council allow the rate to go up and any other cab companies can do the same. Councilmember Friedman asked if this meant the only cab company that would go up would be Blue and White at this time. Mayor Hanks said the rates of fare could increase for all licensed companies. Councilmember Mitchell said in essence what the Council was doing was allowing the increase at this time but is not tied to future increases, that each company would have to apply to the City. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to approve an increase in taxicab rates not to exceed $1.75 drop rate, each additional mile $1.30 and waiting time to $18.00/hr. , consistent with rates in Minneapolis as of April 1, 1993. The motion passed 6-0. 11b. Remodeling of Recreation Center By consent, all bids rejected. 11c. Bid tabulation Police station shooting range Resolution 93-39 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 93-39 entitled "Resolution accepting bid and authorizing execution of a contract for improvement/Contract 2089: Installation including labor and materials of a shooting range system in the new Police station." The motion passed 6-0. 11d. Hydraulic rotary mower By consent, execute contract with MTI Distributing in the amount of $51,164.73 lle. Bid tabulation One 10-12 yard dump body/accessories By consent, authorize execution of a contract with Crysteel Truck Equipment for $24,952.80. 11€. Bid tabulation 1993 street work supplies, bituminous By consent, designate C. S. McCrossan as lowest responsible bidder for conven- tional/driveway bituminous mixture and Bituminous Roadways as lowest responsible 45. City Council meeting minutes April 19, 1993 bidder and authorize execution of contracts for $34,760 and $3,375, respectively. 11g. Bid tabulation: Used grader By consent, authorize execution of a contract with Midwest Machinery for $79,768.50 llh. Change order #3: Adolfson & Peterson Police station Resolution 93-40 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 93-40 entitled "Resolution pertaining to change order No. 3 for Project MP-90-11, Contract No. 2071. The motion passed 6-0. lli. 1993 Arbotec injection program By consent, designate Rainbow Treecare as lowest responsible bidder and auth- orize execution of a contract at $6.75 per diameter inch. MISCELLANEOUS • 12a. Damage claims Mary Wickner; Zadworny vs. City By consent, claims referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks suggested a study session for April 26. Council so approved. 1111 12c. Communications from City Manager No business CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims prepared by the Dir. of Finance dated April 19, 1993 were approved and checks authorized to be distributed in the following amounts: Vendor claims: $278,727.01 and payroll claims $12,389.82. 14. Adjournment The meeting adjourned at 10:10 p.m. vor W ° )44,1' May/ cCl.f ecordiny g Secretary 46.