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HomeMy WebLinkAbout1994/02/07 - ADMIN - Minutes - City Council - Regular February 22, 1994 Item 4a MINUTES CITY COUNCIL MEETING 111 ST. LOUIS PARK, MINNESOTA February 7, 1994 1 . Call to order The meeting was called to order at 7 :30 p.m. by Mayor Lyle Hanks. 2 . Presentations Mayor Hanks acknowledged the Business Retention Award presented to the City from the Economic Development Association of Minnesota. The award was based on retention of Park Nicollet Medical Center in the City. He read a letter from Governor Arne Carlson congratulating the City on receipt of this award. 3 . Roll call The following Councilmembers were present at, roll call : Jeff Jacobs, Allen Friedman, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks . Also present were the City Manager (Mr. Meyer) ; City Attorney (Ms . Pace) ; Director of Community Development (Mr . Hagen) ; Director of Public Works (Mr. Grube) ; Asst . to City Manager (Mr. Larson) ; Director of Parks and Recreation (Mr . Gears) ; and Personnel Officer (Mr. Wysopal) . 4 . Approval of minutes January 18 , 1994 City Council meeting : It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the minutes . The motion passed 5 -0- 1 (Mayor Hanks abstained) . January 31, 1994 study session: It was moved by Councilmember Friedman, seconded by Councilmember Jacobs , to approve . The motion passed 5-0-1 (Mayor Hanks abstained) . 5 . Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the consent agenda. The motion passed 6-0 . It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the agenda. The motion passed 6-0 . 14 City Council meeting minutes - February 7, 1994 PUBLIC HEARINGS 6a. Excelsior Townhomes Preliminary plat approval 111 Resolution 94-10 John Peterson, president of Good Value Homes, 9445 E. River Rd. , Minneapolis, addressed the Council . He said his company had a purchase option on a parcel on Excelsior Blvd. adjacent to the Meadowbrook Apartments complex. The proposal is for a 44-unit townhome subdivision. Mayor Hanks referenced a note in staff ' s report, i .e. working out school boundary. He asked if the boundary did not cut through the wetlands, and asked that Mr. Peterson clarify that prior to the next step in the process. Councilmember Young said that he and Councilmember Latz had recently attended a conference for newly-elected officials . One of the items he found especially interesting concerned planning and that in some communities they have found a way to develop a model which will tell if any particular development might pay for itself over time . He felt it might be worthwhile for City staff to explore this relative to this proposal and future proposals. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. Mr. Meyer suggested some minor clarification to the resolution: Under Conclusions-Item b. add after the word Boulevard: " . . .prior to final plat approval . " ; add Item f : "The City will not consider any request for conditional use permit until such time as the applicant provides evidence to the City that it has received all necessary State and Federal permits including, but not limited to, approval from the Minnehaha Creek Watershed District . " With that addition, items f and g become g and h. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 94-10 entitled "Resolution giving approval for preliminary plat of Excelsior Townhomes . " The motion passed 6-0 . PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Zoning Ordinance amendments As recommended by Planning Ordinance No. 1942-94 Commission 15 City Council meeting minutes February 7, 1994 Councilmember Friedman ask for clarification on the section on 111 Dry Cleaning and Laundry: (a) the rationale for trucks ' cargo capacity being one ton or less ; and (b) access to such establishments being via collector or arterial roadways only. Mr. Hagen said staff felt in commercial districts, it is not desirable to have trucks over a certain size parked on such properties. Councilmember Friedman's concern was that a new Zoning Ordinance had been adopted last year, now all these miscellaneous amendments were coming before Council . He was concerned about the rationale for all these amendments being given to Council early on before having to vote. Mr. Hagen said that on first reading of this ordinance there was submission of a staff report discussing each of the various technical amendments in detail and also minutes of Planning Commission meetings where deliberations were held. Mayor Hanks wondered if dry cleaning establishments were an exception or were these amendments going to apply to many and varied businesses. Mr. Hagen said in this instance, staff is re-establishing the old ordinance language wherein dry cleaning establishments with pickup and delivery service were allowed in the C-2 District . It is an effort to relax the limitations a bit on such establishments in the C-2 zone. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance No. 1942-94 entitled "An ordinance amending the St . Louis Park Ordinance Code relating to zoning (miscellaneous amendments) . " The motion passed 6-0. Mayor Hanks said in the future he would appreciate receiving rationale for amendments comparing the_ subject to other businesses. 8b . Nozzles/Vehicle Refueling Spaces Second reading of Ordinance 1943-94 ordinance changing reference Councilmember Friedman asked if existing stations had been looked at as to how many cars can be accommodated at pumps. Mr. Hagen said staff had looked at a number of stations in the C- 1 District, and found two that would comply but more stations that have 8 or 10 . 16 City Council meeting minutes February 7, 1994 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 1943 -94 entitled "An ordinance III amending the St . Louis Park Ordinance Code relating to zoning by amending Section 14 : 5-5 . 2 (D) (1) (b) relating to number of gas pumps. " The motion passed 6-0 . 8c. Request from City of Minnetonka Support for a Hennepin Resolution 94-11 County Parks golf course in Minnetonka Mayor Hanks said this was a County golf course, not just for residents of Minnetonka. Laura Ronnbeck, member of Glen Lake Task Force, briefly explained what was being requested. Council was being asked for endorsement of the concept of a County golf course, seen as appropriate and compatible for this property. Ann Perry, Minnetonka Planner, also spoke. Councilmember Friedman asked if any information was available to substantiate that a golf course on this property could sustain itself . Ms . Perry said Minnetonka had done such studies in 1980, but that question was not yet answered, all is still in the concept stage. Councilmember Young asked if Minnetonka had looked at affordable housing as a possible use of the land. Ms. Perry said various land uses had been reviewed -- housing was one of them , but not specifically affordable housing . Minnetonka ' s EDA has been looking at other property for affordable housing in a more centrally-located area. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-11 entitled "Resolution endorsing the Glen Lake Task Force recommendation regarding the concept of a public golf course adjacent to the Hennepin County Home School . " The motion passed 5-0-1 (Councilmember Friedman abstained) . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Deer Management policy and program Mr . Meyer noted a brief staff report would be presented in addition to the report on deer management previously distributed. He noted that he had received a letter that afternoon from Max Fallek, 8715 Westmoreland Lane, which indicates Mr. Fallek has IIII 17 City Council meeting minutes February 7, 1994 filed a petition with the Environmental Quality Board of the 111 State of Minnesota requesting an environmental review process be considered on the subject of reducing the size of the deer herd in the vicinity of the Nature Center . It was Mr . Meyer ' s understanding that receipt of Mr. Fallek' s letter by the State initiates a process that would require that a determination be made at the State level if an environmental review process be undertaken or not. On the basis of this petition being filed, it was Mr. Meyer' s recommendation to the Council that they not take action this evening. City Attorney Pace concurred with Mr. Meyer that no action on the deer management issue be taken until the City is notified of the State ' s action. Director of Parks and Recreation Mr. Gears gave a brief synopsis of the report and its recommendations which was distributed to Council in its agenda packet . Mayor Hanks noted two letters, one each from Curtis Holmquist and Dianne Lefty, should be accepted as part of the public record. Charles Singer, 8120 W. 18th St . , was concerned about safety and recounted an event in his backyard of a buck charging deer who were standing in the yard. Joanne Murphy offered comments on the recommendations contained in staff ' s report . Tim Halvorsen, former City resident, was concerned about the deer' s effect on vegetation and the dangers of feeding deer. He sought a humane way to solve the situation. Linda Hatfield, a representative of Friends of Animals and Their Environment, addressed Council , quoting from a manual on deer management . Al Anderson, 4201 So. Cedar Lake Rd. , commented on feeding of deer. Arnold Goldberg , 2064 Virginia Ave . So . , noted that deer repellent also repelled bees and wasps that pollinate flowers and vegetables. Bill Lynn, 2300 Ridge Dr. , felt the recommendations talked in terms of short-term technical solutions and does not address questions of moral valuations. Alan Beugen, 1673 Westwood Hills Dr. , didn' t believe the deer were singularly responsible for damage citizens have been complaining about. He didn' t believe enough effort had been given to finding alternative solutions to destroying deer, 18 City Council meeting minutes February 7, 1994 Dianne Lefty, 9011 Westmoreland Ln. , said she served as a member of a group reviewing the issue. She was an advocate of removing deer from the Nature Center rather than destroying them. III Councilmember Dorfman wondered when the item would come back to Council . Ms. Pace felt the City should receive notice within five days as to the disposition of the petition. Councilmember Young referenced comments about transporting the deer elsewhere and noted a representative from the DNR, who had denied that request of the City, was present and perhaps could comment . John Parker, Dept . of Natural Resources, commented on a request to trap and transfer deer from the City. Basically, the DNR does not believe there is a spot in the State that could accommodate a large number of deer without causing problems. Also trapping deer is stressful to the animals and does result in mortality. Councilmember Young asked if Mr . Parker could envision any location that could accommodate deer without their being threatened by hunters, cars, wolves, etc. Mr. Parker said he did not know of any himself and that the Commissioner of the DNR, who had ruled on the request, did not feel there were any acceptable sites. It was moved by Councilmember Jacobs, seconded by Councilmember III Young, to defer the item to Tuesday, February 22 . The motion passed 6-0 . 9b. VOID 9c. Tower Place City acceptance of TH 100/Excelsior Resolution 94-12 Blvd. responsibilities Councilmember Jacobs asked for cost figures in terms of how much this is going to cost the City and he was unclear as to what the City is accepting ownership of. Mr. Grube said ownership pertains to the traffic signal itself, it does not pertain to the metering devices on the ramps . Relative to costs, there would only be one comparison and that is the traffic signal located along Park Center Blvd . north of Excelsior Blvd. at the ramp -- a new signal which it is hoped will be taken over by the County as part of the Excelsior Blvd. signal system as a whole. Any maintenance on the signal could be billed back to the City with a minimal impact on the Traffic Department budget . It is anticipated that all signals will be timed in such a manner that the current traffic congestion will City Council meeting minutesIII 19 City Council meeting minutes February 7, 1994 be eliminated, not only at the' Hwy. 100/Excelsior intersection, but ultimately from France Ave . on the East to Brookside on the West . It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt resolution 94-12 entitled "Resolution accepting jurisdiction of Park Center Blvd./Ramp, accepting responsibility for the operation and maintenance of traffic signals, accepting ownership of the Park Center Blvd. /northbound TH 100 entrance ramp traffic signal , providing assurance that access to northbound TH 100 entrance ramp from Park Center Blvd. will be maintained at all times. " The motion passed 6-0 . 9d. Widening of Park Center Blvd. Mr. Meyer wanted to clarify some confusion stemming from the previous Council meeting as to why this work is being proposed at this time . He stated that the work was originally scheduled for Phase II and that Byerly' s had requested that the work be done as part of Phase I to minimize disruption. Based on continuing discussions with Byerly's and AAA, staff has recommended the work be postponed to Phase II . It was moved by Councilmember Jacobs, seconded by Councilmember IIIDorfman, to receive the report for filing. In answer to a question from Councilmember Jacobs, Mr. Meyer said no legal costs have been incurred to this point . The motion passed 6-0 . 9e. Tower Place plans/specifications Advertisement for bids Resolution 94-13 , It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 94-13 entitled "Resolution approving plans and specifications and authorizing receipt of bids for the Tower Place public improvements - Project 93-23 . " Councilmember Latz assumed no widening is contemplated under this project . Mr. Meyer said that was correct , that no widening project would be part of this particular project . The motion passed 6-0 . 9f. Purchase of Excelsior Blvd. /Park Nicollet Blvd. traffic signal elements Resolution 94-14 20 City Council meeting minutes February 7, 1994 Mr. Grube, in answer to a question from Councilmember Dorfman, said the City will realize a savings in this aspect of the project because it will be working with a supplier, and there willill be no contract or markup. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 94-14 entitled "Resolution authorizing receipt of bids for purchase of traffic signal poles - project 93-23 . " The motion passed 6-0 . 9g. Request for stop sign Huntington Ave/Cedar Lake Ave. Resolution 94-15 Councilmember Friedman moved and Councilmember Dorfman seconded, to adopt Resolution 94-15 entitled "Resolution authorizing installation of stop signs along Huntington Ave . at Cedar Lake Ave. - Traffic Study No. 472 . " Louis Quast , 2656 Glenhurst Ave . , expressed his support for installation of the signs. The motion passed 6-0 . 9h. Water Tower construction Resolution 94-16 III It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-16 entitled "Resolution receiving the City Engineer ' s report ; establishing Project No . 93 -21 ; ordering improvement Project No . 93 -21 ; approving plans and specifications ; and authorizing advertisement for bids for improvement No. 93-21, the construction of a one million gallon water tower. " Councilmember Young alluded to the issues he had raised, i .e, the need to double the size of the tower, what warrants such an action, the lack of instituting a water ban over the past six years. He suggested that instead of adding capacity, perhaps the demand side of the equation should be given more thought , for example, instituting a water conservation program. He envisioned it as not simply a ban, but investigation of new and innovative ways to conserve water. He was suggesting replacing the tower at 1/2 million gallon capacity and use some of the money saved to conduct a study of water conservation programs . Mayor Hanks spoke to a conservation program remembering the days when a number of wells had to be closed and that quite stringent conservation measures were instituted. He remained concerned about the high usage in Spring, Summer and Fall and customer demand. III 21 City Council meeting minutes February 7, 1994 11 - - Councilmember Jacobs was concerned about the demands for water in the southeastern quadrant of the City and the maintenance of pressure. He did not feel a saving of $200, 000 (for a 3/4 million capacity) was a viable trade-off should a commercial fire occur. He agreed with Councilmember Young that conservation should be investigated. But when elements of water usage, safety and convenience come into play and considering the real estate taxes paid by residents, the City cannot afford to be penny-wise and pound foolish. Councilmember Dorfman felt it was not an either/or situation, that it was important to look at conservation. She also felt it the responsibility of the Council to both anticipate future needs and to respond in the event of a worst case scenario. Councilmember Friedman asked if there had every been a fire in the southeastern quadrant where there was insufficient water available. Mr. Grube said there was a significant fire in the building which is now Newport on Seven and a City-wide directive requested residents to discontinue their water usage because of pressure problems . Councilmember Friedman wondered if it would be more efficient to ill have a pumping system to get water than pumping water into the tower if a crisis need arose . Mr. Grube said the most efficient system would rely on a water tower draining out . Discussion followed re a standby power supply. Mr. Grube said this had been discussed in the 1990 consultant ' s report and is more of a standby condition in the event of a power outage, where as pressure was discussed in the succeeding item. The motion passed 5-1 (Councilmember Young opposed) . 9i . Board of Zoning Appeals minutes Dec. 23 9j . Neighborhood Revitalization Commission minutes Jan. 12 9k. Planning Commission minutes Jan. 5 91 . Citizens Cable TV Commission minutes Jan. 24 9m. December 1993 financial report Items 9i-9m ordered filed by consent UNFINISHED BUSINESS 10a. Boards and commissions - No business III 22 City Council meeting minutes February 7, 1994 - NEW BUSINESS lla. Community Development Block Grant Program Resolution 94-19 Proposal to amend eligibility requirements for the rehab loan program to include transitional housing. Mary Hartman, Executive Director of Wayside House, D. J. Leary, President of Board, Wayside House, and Phil Butler, Site Manager of Wayside House Housing in St . Louis Park, spoke to Council . Ms . Hartman explained that a water main outside of Wayside House had broken with a repair in the $2000-$7000 range. Without funding in the bank for such a repair, she was asking for assistance through the CDBG program. She said that Wayside House had assisted 24 women who were residents of St . Louis Park. Councilmember Friedman, acknowledging the valuable contribution by Wayside House to the community, felt the question before Council was one of equity. He was in full support of Wayside House and its programs . But he was concerned about equity in re other worthwhile agencies operating in the City and their unforeseen needs. Councilmember Dorfman said the CDBG program is administered in the City under the discretion of the City Council - - a sum is appropriated to be disseminated as Council sees fit . She felt an appropriation to Wayside House was a legitimate use. She felt no policy was being made, merely a discretionary judgment on the part of Council that this was a worthwhile expenditure. Mayor Hanks felt a "matching" concept was more equitable -- the City matching funds with funds that Wayside ' s Board could provide. Councilmember Jacobs noted discussion at the study session wherein it was not yet determined what the water main problem was exactly because it lies beneath a City 7 ft . sewer main. In the event there was something defective in the City' s sewer main, it was his understanding the City might be in part responsible for the cost of the water main repair. He was inclined to go along with the matching funds concept when it is determined to what extent, if any, the City' s sewer main problem has anything to do with Wayside ' s water main break. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman , to make a determination of what the City ' s responsibility is and then the City would match out of CDBG funds those funds that Wayside House could come up with. Councilmember Friedman suggested the following language : If the 23 City Council meeting minutes February 7, 1994 City has any responsibility for the break, the City can subtract that percentage from the total bill ; thereafter the City will match up to 50% with Wayside House for payment of the remaining balance. The language as suggested by Councilmember Friedman was acceptable to Councilmembers Jacobs and Dorfman. The motion passed 6-0 which also adopted Resolution 94-19 (with appropriate amended language) entitled "Resolution for a minor amendment to the proposed use of funds within the Housing Program of the Year XIX Community Development Block Grant Program. " 11. City Hall lower level remodeling Resolution 94-17 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-17 entitled "Resolution ordering the remodeling of first floor of City Hall , authorizing advertisement for and receipt of bids and enter into contracts for plumbing, heating, electrical and mechanical work and others as necessary. " The motion passed 5-1 (Councilmember Friedman opposed) . MISCELLANEOUS 12a. Damage claims Barbara Halper, Richard Kast, Todd Pflipsen By consent, claims ordered filed with City Clerk 12b. Communications from Mayor - None 12c. Communications from the City Manager - None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims, prepared by the Director of Finance dated February 7, 1994 was approved and checks authorized to be distributed in the following amounts: Vendor claims : $$1, 210, 331. 83 and payroll claims $28, 641 . 72 . 13b. Contract payments 1 . Final : Faircon Service, MSC air system. Amount : $8, 589 .25 By consent , adopt Resolution 94-18 entitled "Resolution accepting work on ventilation improvements at MSC. " 24 City Council meeting minutes February 7, 1994 2 . Partial : Automatic Systems, SCADA Control System. Amount : $51, 344 .65 By consent, approve and authorize payment . 14 . Adjournment The meeting adjourned at 10 : 15 p.m. ayor ecording Secretary 111 _ 25