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HomeMy WebLinkAbout1993/08/02 - ADMIN - Minutes - City Council - Regular /^ 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 2, 1993 1 . Call to order Mayor Hanks called the meeting to order at 7 :30 p.m. 2 . Presentations Mayor Hanks read a resolution (No. 93-108) and presented a plaque to Audrey Strey, honoring her for 20+ years ' employment with the City of St . Louis Park. 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) , City Attorneys (Mr. Sheehy and Mr. Tietz) , Director of Public Works (Mr. Grube) , Director of Community Development (Mr. Hagen) , Assistant to the III City Manager (Mr. Larson) . 4 . Approval of minutes It was moved by Councilmember Friedman, seconded by Councilmember Mitchell, to approve the minutes of the July 19, 1993 meeting. N The motion passed 6-0 . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun to approve the consent agenda for August 1, 1993 . The motion passed 6-0 . It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the agenda for August 1, 1993 . The motion passed 6-0 . PUBLIC HEARINGS 6a. Benilde St . Margaret 's request One-day liquor license for all school reunion August 14 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at 91 r City Council meeting minutes August 2, 1993 a future date . III It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the request . The motion passed 6-0 . 6b. Zoning ordinance amendment Lighting measurement at buffer yard and height of light 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 Haun, to approve first reading (Option 2) , set second for August 16, 1993 and authorize summary publication. The motion passed 6-0. 6c. SPS Companies/EDA matters 1 . Vacation of public streets and alleys 2 . Conveyance of land from City to Economic Development Authority III There being no one present wishing to speak to either matter, the Mayor closed the hearing with the right of Council to thereafter reopen and continue them at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell, to approve first reading, set second for August 16, 1993 and authorize summary publication. The motion passed 6-0 . 6d. Uno-Ven Company Conditional use permit at 7200 Resolution 93-110 Cedar Lake Rd. 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. Councilmember Dorfman referenced staff 's report in which some concerns had been raised relative to fire safety issues . She was wondering if the Fire Department had had a chance to investigate. Mr. Grube said all concerns had been resolved. It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to adopt Resolution 93-110 entitled "A resolutionII granting conditional use permit under Section 14 :5-5-3 (D) (1) of 92 City Council meeting minutes August 2, 1993 the St . Louis Park ordinance code relating to zoning to permit a motor fuel station for property zoned C-2, General Commercial District, located at 7200 Cedar Lake Rd. " The motion passed 6-0 . 6e . Bond financing Park Nicollet Medical Resolution 93-111 Center/HealthSystem Minn. 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 Haun, seconded by Councilmember Jacobs, to adopt Resolution 93-111 entitled "Resolution giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Department of Trade and Economic Development for approval; authorizing the execution and delivery of joint powers agreements; and authorizing preparation of necessary documents . " The motion passed 6-0 . REQUESTS, COMMUNICATIONS, PETITIONS 7a. Uno-Ven Request for variance from Resolution 92-112 driveway width requirements It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to adopt Resolution 92-112 entitled "Resolution granting the Uno-Ven Company a variance from city ordinance Section 6-123 governing driveway widths for 7200 Cedar Lake Rd. " Mr. Sheehy asked for the minutes to reflect that to the extent the City is granting this variance and others which .were part of the conditional use permit this evening, it is the attorney's understanding and hope the party's intent that in granting this variance the City is not going to enhance or increase the value of the property it is subsequently going to acquire in a condemnation. The motion passed 6-0 . 93 ---- --- -- - - -- RESOLUTIONS AND ORDINANCES 8a. Uno-Ven Agreement of intent Resolution 93-113 It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to adopt Resolution 93-113 entitled "Resolution authorizing execution of an agreement of intent with the Uno-Ven Company for site improvements and property acquisition at 7200 Cedar Lake Rd. " The motion passed 6-0 . 8b. Variance 2337 Texas Ave. Resolution 93-114 It was moved by Councilmember Mitchell, seconded by Councilmember Friedman, to adopt Resolution 93-114 entitled "A resolution granting variance in side yard setback from Section 14 :5- 4 .2 (F) (5) of the Ordinance Code relating to zoning to permit a side yard setback of 3 .3 feet instead of the required 6 ft . side yard setback in the R-1 single family residence district at 2337 Texas Ave. " The motion passed 6-0 . 8c. Election judges/Polling places Sept . 14 Third Ward Resolution 93-115 primary It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 93-115 entitled "A resolution designating election judges and polling places for the Sept . 14, 1993 Third Ward primary. " The motion passed 6-0 . 8d. Land acquisition Relocation of water tower Resolution 93-116 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 93-116 entitled "Resolution authorizing acquisition of land purchase option rights with intent to acquire Lot 3, Block 2, Beltline Business Park. " The motion passed 6-0 . 8e. Park Nicollet Med Center Final PUD approval : Phase I Resolution 93-117 The following individuals addressed Council on this issue : John DeCoster, Park Nicollet Medical Center, addressed the issues of Citizens Independent Bank curb cut off of Excelsior Blvd. ; and the Miracle Mile ingress/egress, Wooddale access from Miracle Mile parking lot and access for delivery trucks, and the costs associated with any changes which will be borne by the project and not assessed back to Miracle Mile in any way. 94 ' Gary Nyberg, project coordinator, addressed the lighting as designed and its impact on the site, particularly the concern as expressed by neighboring residents of the interior lighting of the parking ramp. Susan Erickson, president of the Wolfi Lake Condominium Assoc. , who reiterated the association's support of Park Nicollet and the project . Ed Stych, president of the Minikanda Vista Neighborhood Assoc. , who said the project was supported by the association in concept but questions remained: landscaping on the parking ramp and the lighting of the ramp. They were asking Council to withhold its approval of any landscaping plans and ramp lighting as_ there was not enough information on the table tonight to make an informed decision. Larry Berg, attorney for Miracle Mile, indicated they support the project . A number of items remained to be worked out from their perspective and they would prefer for these items to be worked out before approval of the plan and only conditional approval being given. Grant Peterson, 3924 Ottawa, had wanted to talk about lighting issues but felt a better understanding had been received with Mr. Nyberg's remarks . Sonja Almlie, 3924 Webster Ave. , spoke in support of the development . She asked City Council withhold approval of the issues brought up this evening. The issues of concern to her were parking ramp lighting , the open lot along the ramp, and the landscaping issue. Councilmember Jacobs asked to what extent would the project be delayed if requests for withholding approval were adhered to . Mayor Hanks felt the developer was aware of all the concerns and has expressed their intent to address those concerns. City staff will be working closely with Miracle Mile to resolve their concerns . - Mr. Meyer referenced the matters Mr. DeCoster brought up and did not feel the Citizens Bank issue to be an item to hold up approval . With reference to Miracle Mile, he felt there was substantive agreement on the issues raised to his knowledge, and that staff has already been heavily involved in discussions to resolve those issues and will continue to be so until all are resolved. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 93-117 entitled "A resolution approving a final Planned Unit Development (PUD) 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 District located at the northeast quadrant of Excelsior Blvd. and Hwy. 100 . " He would hope for an ample landscaping plan, something more than the minimum requirements of the Zoning Ordinance. 95 Mr. Sheehy referenced the conditions in the resolution and proposed one clarification: item 3 , add the language at the beginning of the sentence, "Approval by the City and " The motion passed 6-0 . 8f. HealthSystem Minnesota Resolution setting public III Resolution 93-118 hearing It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 93-118 entitled "Resolution relating to projects under the Municipal Industrial Development Act, calling a public hearing. " Mr. Meyer said that at the close of the public hearing, it is anticipated the staff will ask the City Council to call a special meeting to consider adoption of the loan agreement. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to set a special meeting for August 23 , 1993 following the public hearing. The motion passed 6-0 . 8g. Cedar Lake Rd. Agreement with Hennepin County Resolution 93-109 for reconstruction of Cedar Lake Rd. from Sumter to Virginia 111 Mayor Hanks asked Mr. Grube to provide a list of public meetings that had been held on this project. He had received calls stating no public hearing had been held. Mr. Grube reviewed the list of meetings which had been held and the process that had been undertaken involving the neighborhood. He noted ample publicity appeared in the City-wide "Park Perspective" newsletter as well as the Sun Sailor. The following residents offered comments on this item: John Lang, 6610 Cedar Lake Rd. ; Elaine Mense, 6712 Cedar Lake Rd. ; James Copeland, 6706 Eliot View Rd. ; Arlis Grossman, 1640 Virginia Ave . So. ; Donna Tolbert, 7001 Cedar Lake Rd. Mayor Hanks noted the County wants to move traffic. A fear of all residents and Council has been that the County would continue the four-lane road out of Hopkins into St . Louis Park. If the County retains jurisdiction over the road, stop signs will not be allowed. Councilmember Mitchell presented a brief update on the item. He said that at the various meetings that had been held, there were very strong emotions on both sides of the stop light issue and attendant safety considerations . It has always been his desire to maintain the road at 38-40 ft. ill 96 Mr. Lang was concerned that there might not be an assessment now, but what about the future. Councilmember Friedman asked the City Attorney to address that . 111 Mr. Sheehy responded that there is a fairly clear principle of Minnesota law that a future Council cannot be bound by the actions of a former Council . Cotincilmember Friedman said the Council had traditionally not assessed residents along major thoroughfares because of an equity principle wherein the City as a whole picks up the tab, not just the abutting property owners. But, of course, he was not saying "never. " Mayor Hanks asked if this Council could proceed with the project and designate by motion that there would be no assessment. Mr. Sheehy said it could. Councilmember Haun felt there were two issues : Stop light (s) and whether the City takes over jurisdiction of Cedar Lake Rd. Although there seemed to be general opposition to a stop light among those present, he felt there were many people not heard from. Obviously, not everyone _can be pleased in this type of situation. Councilmember Jacobs said, for him, the issue was one of local control over a road which most people would like to remain a residential street . If the County maintains jurisdiction, very likely it will become a 4-lane road. It was his recollection Council make a commitment to look at a traffic signal . He didn't believe a stop sign would have much impact on safety. He was in favor of the City taking over jurisdiction and continuing to look at signal placement . Councilmember Dorfman felt it had always been Council ' s intent since this subject came up to include and hear from as many people as possible. She was sorry to hear that some residents felt excluded from the process but that was not Council 's intent . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 93-109 entitled "Resolution authorizing execution of cooperative agreement No. PW 32-05-93 with Hennepin County for jurisdictional transfer of Cedar Lake Rd. to St . Louis Park, payment of funds by Hennepin County in conjunction with the jurisdictional transfer of Cedar Lake Rd. and authorizing improvement project No. 93-12, reconstruction of Cedar Lake Rd. from Sumter Ave. to Virginia Ave. " Mayor Hanks asked the maker of the motion if he wished to include Council ' s intent to not assess for this work. Councilmember Jacobs said it was and this was agreeable with the second. The motion passed 6-0 . 97 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Sidewalk construction City Engineer's report : Resolution 93-119 Project 93-26 : 5806 W. 36th St . It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 93-119 entitled "Resolution accepting the City Engineer' s report,,-declaring the adequacy of theJetter of petition, establishing improvement project No. 93-26, ordering improvement project 93-26, authorizing execution of agreemerr waiving right to a public hearing, special assessment - noticz�_ hearing and right of appeal for sidewalk construction at 5806 ,W,. 36th St . " The motion passed 6-0 . 9b. Alabama/Blackstone Results of neighborhood meeting It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to authorize staff to advise the residents of Alabama and Blackstone Avenues between Minnetonka Blvd. and W. 27th St. that the Council will enact seasonal winter parking restrictions based on snowfall accumulation on August 16, 1993 The motion passed 6-0 ., . Councilmember Friedman wanted everyone to know that there had been a lot of neighborhood input on this issue, that they've been in on resolution of the parking issue since the beginning and have been able to chart their own destiny, so to speak. 9c. Cedar Lake Rd. open house Results It was moved by Councilmember Mitchell, seconded by Councilmember Friedman, to order report received for filing. Motion passed 6-0 . 9d. Human Rights Commission minutes June 16 , July 21 9e. Planning Commission minutes July 21 Items 9d, 9e ordered filed by consent . 9f . Temporary parking restrictions W. Lake St . for Holy Resolution 93-120 Family Fall Festival By consent, adopt Resolution 93-120 entitled "Resolution authorizing temporary parking restrictions along W. Lake St . between Zarthan Ave . and Alabama Ave. " 98 UNFINISHED BUSINESS 10a. Boards and commissions , It was moved by Council- member Jacobs, seconded by Councilmember Mitchell, to accept the resignations of Sherry Angus from the Human Rights Commission and Yvonne Bergquist from the Neighborhood Revitalization Commission and that appropriate letters thanking them for their service be sent . Councilmember Jacobs noted that Council 's appointment of Bridget Gothberg to the Fire Civil Service Commission was invalidated because she is a public employee. This invalidation was not known to the Council at the time of the appointment. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell, to appoint Bridget Gothberg to the Housing Authority. The motion passed 6-0 . NEW BUSINESS 11a. Bid tabulation Project 93-06 : Random concrete repair Resolution 93-121 By consent, motion to adopt Resolution 93-121 entitled "Resolution accepting bid and authorizing execution of contract for Project No. 93-06; random concrete replacement, Citywide. " lib. Bid tabulation Project 93-12 : Reconstruction of Cedar Resolution 93-122 Lake Rd. from Sumter to Virginia By consent, motion to adopt Resolution 93-122 entitled "Resolution accepting bid and authorizing execution of a contract for improvement project No. 93-12; reconstruction of Cedar Lake Road from Sumter Ave. to Virginia Ave. " llc. Bid tabulation Permanent surface: Louisiana Ave. from Resolution 93-123 Minnetonka to W. 27th By consent, motion to adopt Resolution 93-123 entitled "Resolution accepting bid and authorizing execution of a contract for improvement project 90-35 : bituminous overlay of Louisiana Ave. from Minnetonka Blvd. to the bridge over the Burlington Northern Railroad. " lid. Change order No. 1 Capitol Communications Resolution 93-124 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 93-124 entitled "Resolution approving Change Order No. 1 - Dispatch console in Police 'station, Capitol Communications . " The motion passed 6-0 . 99 lle . Ducks Unlimited Gambling license It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the application and waive the 30-day wait period. The motion passed 6-0 . Councilmember Friedman asked what law allowed this sort of license. Mr. Sheehy responded he recalled receiving numerous applications for one-day gambling licenses for non-profits on leased premises but that he had not reviewed the Statutes lately. The motion passed 6-0 . MISCELLANEOUS 12a. Verified claims - None 12b. Communications from the Mayor Mayor Hanks referenced a letter received from Calvary Temple thanking the Police Department for its efforts during Operation Resue . 12c. Communications from the City Manager He reminded all that National Night Out would be held Tuesd August 3 throughout St . Louis Park. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Finance Director dated August 3, 1993 was approved and checks authorized to be distributed in the appropriate amounts : Vendor claims : $746, 784 . 74 and payroll claims $48, 139 .31 . 13b. Contract payments - Partial 1. Watson-Forsberg Co. : Standby generator. Amount : $108, 983 2 . G.M.H. Asphalt Corp. : Grading, bituminous paving, curb/ gutter, subsurface drainage system. Amount : $96, 112 . 69 3 . Capitol Communications, Contract 30-23 . Logging system, Police station. Amount : $146, 597 .36 4 . Adolf son & Peterson, Contract 20-71. Police station. Amount : $23, 547 .89 Action: By consent, approve and authorize payment 14 Adjournment The meeting adjourned at 10 25 p m 100 (over) May. &A/La) 'Recording Secretary 101