Loading...
HomeMy WebLinkAbout1994/01/18 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 18, 1994 111 1 . Call to order The meeting was called to order at 7 : 30 p.m. by Mayor Pro Tem Allen Friedman. 2 . Presentations -- None 3 . Roll call The following Councilmembers were present at roll call : Jeff Jacobs, Allen Friedman, Ron Latz, Robert Young and Gail Dorfman. Also present were the City Manager (Mr . Meyer) ; City Attorney (Mr. Sheehy) ; Director of Public Works (Mr. Grube) ; Director of Community Development (Mr. Hagen) ; Assistant to the City Manager (Mr. Larson) . 4 . Approval of minutes a. January 3, 1994 study session It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the minutes with the following correction: Re item 2 . Autumn Lodge Trading, the motion should be for staff to explore with other cities their dealings , if any, with the Minnesota Economic Development Authority on similar programs . The motion to approve the minutes as corrected passed 5-0 . b. January 3, 1994 City Council meeting It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes . The motion passed 5-0 . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda. The motion passed 5-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for January 18 , 1994 . The motion passed 5-0 . PUBLIC HEARINGS 6a. Holy Family Choir Application for two (2) two-day on- sale liquor licenses 11/ 1 City Council meeting minutes January 18, 1994 Holy Family Choir seeks two licenses : one for a fund-raising dance on Feb. 5 and one for a pig roast in July. Attorney Sheehy commented that only two licenses could be granted III within one year, and the organization should take into account if they might be seeking a 3rd license sometime during 1994 . This is because only the church can apply for a license under the ordinance requirement that the applicant be an incorporated entity, which is not applicable to Holy Family Choir. Mayor Pro Tem Friedman said Council could approve the application subject to the church' s future withdrawal of one of the licenses . Russ Casemba, representative of the church, said he would not want to jeopardize the church' s Fall Festival which is the major fund- raising event for the parish and that they would be willing to forego one of the licenses under consideration. There being no one further wishing to speak, Mayor Pro Tem Friedman closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the issuance of both licenses subject to the desire of Holy Family Choir to cancel one or both anytime prior to issuance of the license. The motion passed 5-0 . ill 6b . Amendment to Zoning Ordinance To permit battery products retail store with conditions in C-2 (Wm. Criego) There being no one wishing to speak, Mayor Pro Tem Friedman 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 Latz , to accept the withdrawal of the application for an amendment to the Zoning Ordinance. Councilmember Dorfman asked for clarification as to just what could they do without a Zoning Ordinance amendment . Mr. Meyer said that the variance granted to Mr . Criego by the Board of Zoning Appeals allowed them the ability to install the batteries outside . The reason for the withdrawal of the present application is that an amendment is redundant after the variance was approved. Councilmember Dorfman said the variance specified limiting the III2 City Council meeting minutes January 18, 1994 amount of work the applicant could do outside using the word "incidental . " She asked for a definition of incidental and also where any work would be done -- in the front or the side . Also she inquired about their taking in spent batteries . Mr . Hagen said his recollection was there is no limits on the site as to where they would install batteries. Mr. Young said he was at the BOZA meeting and that Mr . Criego said they would be receiving spent batteries as they do nationwide in all of their facilities. With respect to the question as how major a part of the operation installation of automobile batteries might be, the resolution of BOZA limits it as "incidental to the permitted use . " This means it can be done anywhere outside they choose; however, it can only be incidental to the permitted use which means it cannot be the dominant use of the site. In answer to a question from Councilmember Dorfman, Mr. Hagen said there is a category in the Zoning Ordinance called Accessory or Incidental Types of Uses and those would be used for the operation under discussion. He read that definition from the Ordinance. Mr. Hagen said that with reference to recycling of batteries, there is a reference in the Dec . 15 Planning Commission minutes to a statement made by Mr. Criego indicating that his company acts as a recycling center for all batteries. The motion to accept withdrawal of the application passed 5-0 . 6c . Zoning Ordinance amendments Initiated by Planning Comm- ission There being no one wishing to speak, the Mayor Pro Tem 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 Dorfman, to approve first reading, set second reading for February 7, 1994 and authorize summary publication. The motion passed 5-0 . 6d. Amoco Oil Amendment to Zoning Ordinance to read that the number of pumps/dispensers shall not exceed ten (10) Richard Larson, 5001 W. 80th St . , Bloomington, representing Amoco was present to answer questions. 3 City Council meeting minutes January 18, 1994 There being no one further wishing to speak, Mayor Pro Tem Friedman closed the hearing with the right of Council to thereafter reopen and continue it at a future date. III Councilmember Dorfman asked for clarification between pumps and nozzles . Mr. Larson explained that today there are dispensers (previously called pumps) able to service eight cars at one time and this request would provide for ten cars to be serviced. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve first reading, set second for February 7, 1994 and authorize summary publication. The motion passed 5-0 . 6e . Amendment to Zoning Ordinance Extension of special permits There being no one wishing to speak, Mayor Pro Tem Friedman closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to refer the issue to the February 7, 1994 study session for future review. The motion passed 5-0 . III 6f . Cable TV franchise ordinance amendment There being no one wishing to speak, Mayor Pro Tem Friedman closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve first reading, set second for February 7, 1994 and authorize summary publication. Mayor Pro Tem Friedman asked where does staff/Council get the information as to what the rate should be -- do people have to be hired to research; do surveys need to be conducted; what are the costs involved to the City. Mr. Meyer said the City would be required to do a certain amount of investigation in order to set rates for the basic cable fee . It really would be up to Council/staff to determine how much research should be done in order to justify that rate setting. Mayor Pro Tem asked if there were no basis for setting a particular fee, wouldn' t the City be subject to action by the franchisee to come back at the City. III4 City Council meeting minutes January 18, 1994 111 Mr. Larson said setting of the basic rate would be a negotiated effort between Nortel Cable and the City. Currently the basic rate is unregulated and is set by the franchisee, Nortel Cable. Mayor Pro Tem asked if, when the City is allowed to set the basic rate, does the FCC have to be notified. Mr. Larson said it is his understanding that if the City is allowed to set the basic rate, it would need to be reviewed and approved by the Federal Communications Commission. Mayor Pro Tem Friedman was concerned about the costs which might be incurred by the City in doing research relative to setting basic rates, costs of a public hearing which would be required, etc. Councilmember Dorfman noted she had read that the Cable Act of 1992 has been somewhat controversial and has not exactly worked out as Congress had intended and had directed regional hearings to be held. She asked if any of those hearings would be coming into this area. Also, the attorney designated by the Council on cable matters was not in attendance to answer questions . She would like to refer this to a study session for further discussion. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to refer the matter to an upcoming study session. Mayor Pro Tem Friedman thought input for this report came from the Cable TV Advisory Commission, and upon hearing that they had not discussed the matter, felt it important for them to do so and also be invited to the study session at which the item was to be discussed. The motion passed 5-0 . PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a . Variance - Brookside Bridge Request for additional Resolution 94-7 preliminary funding Mr. Meyer said staff was seeking a variance to allow the City to receive a bit more reimbursement on the project than normally allowed. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-7 entitled "Resolution requesting 111 variance from State of Minnesota regulations to allow 5 City Council meeting minutes January 18, 1994 reimbursement of additional preliminary engineering costs for the Brookside Bridge over Minnehaha Creek. " The motion passed 5-0 . III REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Four-way stop sign W. 26th St . /Kipling Ave. The following residents spoke to this issue : Glenn Beaubaire, 2601 Lynn Ave . (in favor of retention of stop signs) ; Elizabeth Nager, 2538 Kipling (in favor of removal of stop signs) ; Charles Greenberg, 2538 Kipling Ave. (in favor of removal of stop signs) ; Jean Dahlke, 2601 Kipling Ave. (in favor of retention of stop signs) ; Dorothea Moga, 2925 Monterey Ave . (as a member of Fern Hill Neighborhood group was in support of retention of stop signs) ; Ron Daches , 2563 Monterey ( felt stop signs were a deterent to speeding cars and that they were preferable to no stop signs at all) . Concerns expressed by these residents included speed of cars, safety of pedestrians, sliding/drifting through the stop signs by cars, history of accidents in all directions one block from the intersection under consideration. In answer to a question from Ms . Moga about the process for installation/removal of stop signs, Mayor Pro Tem Friedman explained that installation/removal of stop signs is driven byIII petitions presented to Council by residents. Councilmember Latz asked if Ms . Moga were speaking on behalf of the Fern Hill Neighborhood. She said she was not , merely as a resident of the larger neighborhood. In answer to a question from the Mayor Pro Tem, Mr. Meyer said Council action would be required at this point to remove the stop signs; no Council action would be required to leave the stop signs in place. Councilmember Dorfman commented it was her perception that a stop sign is requested, the City Engineer studies the issue and almost always concludes it is not justified (safety issue is a false issue , people roll through the stop sign, they don ' t slow traffic, traffic counts don' t warrant it, etc . ) , and then if Council determines the neighborhood wants a stop sign, Council then approves installation. On this issue, she was not clear on exactly what the neighborhood does want . She did not feel input at the various neighborhood meetings as well as the figures presented to Council accurately reflected what it was the neighborhood really wanted. Mr. Grube said that the majority of people calling the Public III 6 City Council meeting minutes January 18, 1994 Works Department and attending the neighborhood meetings were in favor of retention of the signs. As far as hard and fast figures were concerned, that was all he was able to report to Council . Councilmember Jacobs said he had been contacted by a number of people pro and con and this evening he had heard comments supporting both positions . He was bothered by comments relative to the process. He agreed with Councilmember Dorfman' s comments, and suggested no formal action be taken tonight, and that staff be directed to conduct a survey so that Council and staff can be in a better position to find out what the neighborhood really does want done. Councilmember Young asked if it were the norm for information to go out from the City Engineer' s office to the neighborhood prior to Council discussing it . He noted Ms . Nager had mentioned receipt of a memo had discouraged some residents from attending tonight ' s meeting. Mayor Pro Tem said the City Engineer' s report on the stop sign not being warranted also had gone to the neighborhod. He said that ordinarily in the past the City Engineer has sent out notices as to what his opinion was. Councilmember Dorfman said that the City Engineer always sends out a notice based on the facts . This situation was different because clearly the recommendation from the City Engineer was that it was not warranted but the recommendation was different from that. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman , to authorize staff to conduct a survey of the neighborhood similar to that which was done with the sidewalk issue but would encompass a greater number of residents . The motion passed 4-1 (Councilmember Young opposed) . Mr. Meyer said the notices of public meeting were mailed to all residents along W. 26th St . between Huntington and Monterey; the residents on Kipling between 25th and 27th; and any other residents on Inglewood, Joppa, and Lynn within 500 ft . of the intersection for a total mailing of 112 households. Councilmember Jacobs said that surveying that area would make the most sense to him. Mayor Pro Tem Friedman believed there' was some honest difference of opinion and rather than deciding on sheer numbers, Council was hearing neighborhood concerns . If concern was measured by sheer numbers, he would have a question to be addressed when the survey results were discussed. 7 City Council meeting minutes January 18, 1994 Mr. Meyer wished to clarify that from a staff perspective, the action taken tonight would not be a typical policy or precedent for handling these kinds of situations . This one is unique, and staff ordinarily would not want to handle traffic situations in this manner. Because of a variety of contingencies with this matter, this is perhaps the best solution for everyone . Councilmember Jacobs agreed, not wishing to put staff through this type of process for each and every request to install a stop sign in the City. He agreed there were extenuating circumstances in this instance warranting Council ' s action. Mayor Pro Tem Friedman hoped that in the future differences can be reconciled between what a Police study says and what an Engineering study may show alluding to the differences in the studies conducted by both departments relating to this matter. In answer to a question from Councilmember Jacobs, Mr. Grube said he would anticipate a report on the survey results would be before Council at its second meeting in February. 9b. Park Center Blvd. widening Mr . Meyer said that as a result of recent discussions with Byerly' s and AAA relative to the traffic design on Park Center Blvd. , there had been a specific request from those businesses that staff reconsider its original proposal that this road not be widened from 2 lanes to 4 in the section from AAA down the hill to the curve at the bottom by Byerly' s . The report in front of Council indicates discussions are continuing and asks Council support in proceeding ahead with negotiations to acquire the right-of-way to make the widening of Park Center Blvd. possible. Mr. Grube said the request for widening was brought forth by Byerly' s with conditional support expressed by AAA. Mayor Pro Tem Friedman asked if those 2 businesses were going to donate the land. Mr. Grube replied there were 2 issues : AAA will lose 10 parking stalls and they seek the right to reserve up to 12 parking stalls in the adjacent public ramp under construction; Secondly, Byerly' s would deed the land over to the City in return for an abatement of special assessment for work completed in 1993 , the value of which is approximately $25 , 000 . These 2 issues are separate from the widening issue, but Byerly' s and AAA are trying to link them together. Mayor Pro Tem Friedman said his belief is that if someone wants something, they have to give up something -- there is a trade involved. 8 City Council meeting minutes January 18, 1994 Councilmember Young asked what the assessment would be to 11 Byerly' s if there were to be an assessment for the widening. Mr. Grube responded there is no proposed assessment to AAA or Byerly' s . That is because of the need for special assessment public hearings which have not been ordered by the Council , meaning no assessment at this time. Councilmember Young asked if it were so ordered, could Mr. Grube give him an approximate amount . Mr. Grube said he was not able to do so at this time. Councilmember Young said his question was if they were eventually to be assessed for the project under consideration, why would the City want to forgive their assessment on the 1993 project . His other question was how much was the value of the land Byerly' s would be giving up. Mr. Grube said the approximate value would be $25, 600 in round figures. Councilmember Young said it seemed Byerly' s wanted the City to forgive the amount the City would buy the land for so , in essence, they've not given anything in concession. AAA appears to be willing to give up their land for 10-12 parking spaces . He would like to see the negotiations tighten up with Byerly' s and he ' d like to see the land donated for a lot less than an abatement of $25, 000 . Councilmember Jacobs concurred and saw no special need for widening; however, if Byerly' s and AAA want it to be widened, that was fine, but they should pay for it . He asked Mr. Grube if the project were ordered in, who would pay for it. Mr. Grube replied it would be funded by tax increment bond sale proceeds . As previously reported to Council in December, the cost to widen would be $276, 000 . It was moved by Councilmember Jacobs, seconded by Councilmember Young, to continue the negotiations but tighten them up returning to Byerly' s and AAA with the comments made this evening. Mayor Pro Tem Friedman alluded to the Zoning Ordinance asking if Byerly ' s and AAA give up parking spaces , will they be in violation. Mr. Grube said Byerly' s could withstand donation of the land and loss of parking stalls; AAA is more tenuous with insufficient parking available for the demand during certain times of the year. The City Attorney, in response to a question from Mayor Pro Tem Friedman as to non-conforming use vis-a-vis violation, said it may be in the City' s best interest to pursue negotiations and look at the question: Can a landowner in negotiations with the 9 City Council meeting minutes January 18, 1994 City make a deal which will voluntarily put the landowner into a non-conforming use status. This will be researched further. Mr. Grube said reservation of parking stalls in a ramp does have value ($5-$10, 000 per stall approximately) . That value, although not monetarily changing hands, does have some benefit . Mayor Pro Tem Friedman believed the City had a contractual relationship with Park Nicollet Medical Center relative to the ramp, and in his opinion the City cannot trade anything without involving Park Nicollet. The City Attorney said that question was also being researched. Councilmember Jacobs, agreeing with Mayor Pro Tem Friedman' s concerns, was not willing to spend thousands of dollars in legal fees to get some very complex questions answered without knowledge that the project is even going to go forward . He suggested staff indicate to Byerly' s and AAA that the Council has raised a number of legal questions potentially involving expenditure of a great deal of money and suggest Byerly' s and AAA pay for such expenditures. Councilmember Jacobs made as a part of his motion that negotiations continue with Byerly' s and AAA being apprised of the legal issues that have been raised and that those two businesses pay for any legal fees. This was agreeable to the second. The motion passed 5-0 . III 9c. Water tower reconstruction City Engineer' s report Mr. Grube gave a brief background report on the replacement of the water tower presently located on the Tower Place site . Councilmember Young asked why the proposal was a for switch from a 1/2 million gallon tank to a 1 million gallon tank. How often has the City had a need for standby power. Mr. Grube said no more than 2-3 times a year. Mr. Young asked how often do wells go dry. Mr. Grube said the water tower running dry is a common occurrence although not in the past two years because of unusually wet summers . Prior to that, during the months of July and August wells going dry has occurred a half a dozen times per month during July and August . At those times surrounding neighborhoods experience significant water pressure loss. Councilmember Young asked if other alternatives were available to address this situation , i . e . watering bans , or perhaps installation of a tank holding 3/4 of a million gallons . Mr. Grube said watering bans were a policy issue of the Council . As far as size is concerned, 3/4 million tanks can be built , somewhat less expensively, but less cost effective in its fabrication than a 1 million tank. III 10 City Council meeting minutes January 18, 1994 Councilmember Young asked if a tank holding an extra 250 , 000 111 gallons would solve the problem . He did not anticipate a significant growth in need in the future because of the stabilizing of the City' s population. Mr. Grube said experience would indicate that 250 , 000 gallons extra would meet the condition of keeping water in the tank; however, looking at water availability and in the event of a commercial fire in the vicinity of the tank, it would lead him to recommend 1/2 million gallons extra be provided. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman , to accept staff ' s recommendation and adopt the resolution. Councilmember Young said 'he was not ready to spend $500, 000 more than what perhaps could be livable and that he did not have enough information to justify doubling the size of the tank. He 'd like to see more numbers, particularly on the mid-range option of 750, 000 gallons. In answer to a question from Councilmember Latz about the timeframe, Mr. Grube said there was a timing problem from the perspective that the agreement with Frauenshuh/Park Nicollet is that the present water tower will be removed by October 1994 . A decision will have to made by the first meeting in February in order to have the site cleared. Councilmember Young asked if a decision about clearing the land could be made at that first meeting in February but a decision about the size of the tower deferred. Mayor Pro Tem Friedman said he understood that the timeframe crunch was because of time needed for fabrication of the tower. Mr. Grube said that was true, that the land clearing was not the issue; the new water tower must be in place and operational by June 1995 necessitating a decision on size/design at the February 7, 1994 Council meeting. The motion failed 2-3 (Councilmembers Jacobs and Dorfman in favor; Friedman, Latz and Young opposed) . It was moved by Councilmember Jacobs, seconded by Councilmember Young, that Councilmembers interested in additional information get their requests in by January 21 thus allowing staff time to compile answers to their questions and return all information to Council by the end of the following week. The motion passed 5-0 . 9d. Housing Authority minutes Dec. 14, 1993 III 11 City Council meeting minutes January 18, 1994 9e. Parks and Recreation Commission minutes Nov. 10. 1993 By consent, items 9d, 9e ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS Ila . Park Nicollet Medical Foundation raffle Gambling exemption It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs to approve. The motion passed 5-0 . 11 . Humane Society Request for gambling exemption to Resolution 94-8, 94-9 sell pull tabs at Park Tavern Rick Gabrielson, Animal Humane Society, was present to answer questions . Councilmember Young asked how much money has gone to the Animal Humane Society from Park Tavern. Mr. Gabrielson said he did not have specific numbers with him as far as actual dollars, but as a ballpark figure, from their six locations in Hennepin County, he believed approximately $150, 000 was raised in the last year. Councilmember Young requested that in the future these figures be provided to Council by staff and also to indicate to what extent the City is directly affected financially by these types of operations. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-8 entitled "A resolution of the St . Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling (Park Tavern Lanes) " and Resolution 94-9 entitled "A resolution of the St . Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling (Park Tavern Lounge) . " The motion passed 5-0 . MISCELLANEOUS 12a. Damage claims -- None 12b. Communications from the Mayor Pro Tem -- None 12c. Communications from the City Manager -- None 12 City Council meeting minutes January 18, 1994 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 111 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated January 18 , 1994 was approved and checks authorized to be issued in the following amounts: Vendor claims : $465, 595 . 82 and payroll claims $16, 252 .36 . 14 . Adjournment The meeting adjourned at 9 :21 p.m. 4/ ,ire.,, May4rkPro Tem F edman i) ecording Secretary III III 13