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HomeMy WebLinkAbout1994/05/02 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA Monday, May 2, 1994 1 . Call to order Mayor Hanks called the meeting to order at 7 :30 p.m. 2 . Presentations Mayor Hanks presented a proclamation to Don Rambow, former City Assistant Director of Finance , who recently became Finance Director of White Bear Lake . A proclamation was read honoring Long Term Care Week. 3 . Roll call The following Council members were present at roll call : Jeff Jacobs, George Haun, 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) ; Director of Parks and Recreation (Mr . Gears) ; Assistant to the City Manager (Mr . Larson) . 4 . Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the April 18 , 1994 City Council meeting . The motion passed 5-0-2 (Councilmembers Friedman and Latz abstained) . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for May 2, 1994 . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman , to approve the agenda with the addition of lle . Crosswalks . The motion passed 7-0 . PUBLIC HEARINGS 6a. Zoning ordinance amendment Doug Franzen, 2200 LaSalle Plaza, spoke on behalf of American Realty Advisors, managers of the buildings on Wayzata Blvd. known as Park Place West and Park Place Center. Park Place West exceeds the height limitations under the new ordinance . He introduced Steve Padle of American Realty Advisors . Their concern 74 City Council meeting minutes May 2, 1994 is with the damage/destruction portion of the ordinance , specifically if the West building were destroyed or damaged, they would not be able to rebuild to the current height . This would directly affect the pension plan of the United Mine Workers, owners of the building. Mr. Franzen said there were a couple of options they would like to present in order to preserve the value of the asset . They were seeking the legal ability to preserve the status quo : Take the West building out of the C-2 District and put in 0 District ; revisit the issue of an appropriate height limit in the C-2 District; if the building burned down, rebuild it under the terms of the existing special permit ; or get a variance before the fact . They were asking to explore these 4 options with staff and return with a recommendation. 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. Councilmember Dorfman had no problem with staff looking at the various options presented, but was concerned the integrity of the zoning ordinance be considered. Councilmember Young was not sure at this point if he was in favor of the status of the building being changed. He questioned if this could not be considered spot zoning. It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to approve first reading, set second for May 23 , 1994 and authorize summary publication. The motion passed 7-0 . It was moved by Councilmember Dorfman, seconded by Councilmember Latz, to direct staff to look at options and return to Council with a recommendation on May 23 . She added that the American Realty Advisors also be included in the staff discussions . The motion passed 6-1 (Councilmember Young opposed) . PETITIONS, REQUESTS, COMMUNICATIONS None . RESOLUTIONS AND ORDINANCES 8a. Minneapolis trail system Resoluticn 94-51 Director of :arks and Recreation Cris Gears gave Council an update on the meeting held with the Lake Forest Neighborhood 75 Council meeting minutes May 2 , 1994 Association. Council was , being asked to consider a resolution this evening which would be approval in concept without involving the pedestrian bridge . It would consider a trail from the Minneapolis border on the East, travel West under the bridge and terminate at the frontage road on the East side of Hwy. 100 . Lynn Carper, president of Lake Forest Homeowners Assoc . , spoke . He felt the compromise as arrived at was acceptable to the Association. Cliff Moss, 2336 Parkwoods Rd. , said he ' d like to see the City prohibit trespassing by strangers along the pathway that runs adjacent to his property. Councilmember Friedman asked if the businesses along Hwy. 100 had been spoken to about the plans. Where are people to go when they get to the end of the trail . Mr. Gears said this plan is intended to provide localized access for Benilde students and for residents in Lake Forest . Bikers could go under Hwy. 100 and gain access to the City ' s street system. Councilmember Haun felt that with signage warning people that the trail ends, 90% of them will turn around and go back the way they came. Laurie Lundy, 1101 Cedar View Dr. , Mpls . , spoke to Council . She said MnDOT had looked at the feasibility of going on the frontage road by Westside Volkswagen and thus access to Cedar Lake Road. Councilmember Friedman remained concerned about safety factors . It was moved by Councilmember Haun, seconded by Councilmember Young, to adopt Resolution 94-51 entitled "Resolution approving modified plans for the St . Louis Park portion of the Cedar Lake Park trail" with the proviso that any provisions that might be made to extend the trail further beyond this point be brought back for Council consideration. Councilmember Friedman asked that also added to the motion be provision for signage for pedestrians and bicyclists noting the termination at Hwy. 100 . The motion passed 7-0 . 8b. Cable TV franchise ordinance Ordinance No. 94-1996 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 94-1996 entitled "An ordinance amending the Cable Communications Franchise Ordinance for the 76 City Council meeting minutes May 2 , 1994 operation of a cable television system in St . Louis Park : St . Louis Park Municipal Code, Part 7 - Cable Television. " The motion passed 7-0 . 8c. Variance resolution Yosemite Ave . /Brookside Ave . - Resolution 94-53 bridge over Minnehaha Creek Mayor Hanks asked for an explanation of the indemnification. Mr. Grube responded that the State has a requirement for any occurrence wherein a variance from its established rules is granted. In this case the indemnification is an administrative requirement involving financing and how much funding the City can receive up to 100 of the project cost . Staff is asking for $7800 more than that . The City therefore needs to indemnify the State in order to secure the $7800 . It was moved by Councilmember Haun, seconded by Councilmember Jacobs , to adopt Resolution 94 - 53 entitled " Resolution indemnifying and holding harmless the State of Minnesota for actions arising from the granting of a variance on S .A. P . 163-280-16 (City Project 89-01) . The motion passed 7-0 . 8d. Prohibition on feeding deer Second reading of ordinance Ordinance 94-1995 Joanne Murphy, 4921 Vallacher, felt the ordinance was a good thing. She had one suggestion: that the deer in the Nature Center not be fed. In providing an abundant food source, also being provided is an abundant reproductive cycle . It was moved by Councilmember Young, seconded by Councilmember Latz, to adopt Ordinance 94-1995 entitled "An ordinance adding Sections 11-103 (18) and 11-313 to the St . Louis Park City Code : Prohibiting the feeding of deer and raccoons and declaring such action a nuisance. " It was the consensus that the subject of prohibition of feeding of deer in the Nature Center be brought to a study session. Councilmember Friedman suggested staff provide Council with definitive information from State agencies and other cities . Councilmember Latz suggested staff meet with local people who have an interest in this matter. The motion passed 7-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 77 City Council meeting minutes May 2, 1994 9a. City Engineer' s projects 92-12, 94-01 Watermain and street Resolution 94-54 reconstruction: Raleigh Ave . , W. 36th, W. 35th St . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-54 entitled "Resolution accepting the City Engineer' s report, establishing improvement projects 94- 01 and 94-12, authorizing staff to sponsor a neighborhood meeting for affected property owners, and setting a public hearing for June 6, 1994 regarding reconstruction of W. 35th St . from Raleigh Ave . to 350 feet west of Belt Line Blvd and Raleigh Ave . north of W. 36th St . and watermain construction from new water tower No. 2 to W. 36th St . and Park Center Blvd. " The motion passed 7-0 . 9b. City Engineer' s report, Sewer and watermain projects 92-24 , 94-18 construction Resolution 94-55 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-55 entitled "Resolution accepting the City Engineer' s report, establishing improvement project 94- 18 , 94-24 , ordering improvement projects 94-18 and 94-24 and approving plans and specifications for watermain construction from Excelsior Blvd. and Nathez Ave. to W. 39th St . and Princeton Ave. under Project 94-18 and sanitary sewer construction from W. 38th St . and Ottawa Ave . to W. 39th St . and Natchez Ave . under Project No. 92-24 . " The motion passed 7-0 . 9c . Easement acquisition City water tower Resolution 94-56 It was moved by Councilmember Haun, seconded by Councilmember Jacobs , to adopt Resolution 94 - 56 entitled " Resolution authorizing purchase of easements located at 5100 W. 35th St . " The motion passed 7-0 . 9d. City Engineer' s report Traffic signal system at Minnetonka Blvd. /Cty Rd. 25 Councilmember Friedman asked about costs . Mr . Grube said the City' s portion would be $51, 000 out of TIF. Councilmember Friedman said he could not support such an expenditure . 78 City Council meeting minutes May 2, 1994 Councilmember Latz asked what was the purpose of going to a permanent system, entirely esthetic? Mr. Grube said the project had its genesis during discussions on the Highway 7 corridor improvements and removal of overhead wiring, certainly an esthetic improvement . Councilmember Latz asked if TIF funds could be used for day care or such program. The answer was no, but it can be used for other development in the area such as repaving of the intersection. . Councilmember Dorfman said this was part of an ongoing discussion as to what does everyone want the entrance to St . Louis Park to look like . A decision has not yet been made on a sign or monument either. She suggested that with two new Councilmembers, perhaps the whole matter should be revisited, perhaps at a study session. It was moved by Councilmember Dorfman, seconded by Councilmember Haun, to bring the matter to a study session. Mayor Hanks asked if funding was in the County' s 1994 budget . Mr. Grube said it was ; however, if the project is set aside until next year the funds would be available. Councilmember Jacobs asked if the cost of providing electrical service to the signals will be on top of the $51, 000 . Mr. Grube said it would be in addition to the $51 , 000 , but it was not a large sum of money because the service is already out there for the temporary signals . Councilmember Young asked if the signals there now would be used for the new project . Mr . Grube said it would be a complete makeover with new lenses . 11 Councilmember Young said he0Ylike to avoid what happened at Cedar Lake Rd. /Texas where the Cadillac of lenses were used. Mr. Grube said that was not in the plan. The motion passed 7-0 . Councilmember Haun asked if staff could report what was the status of the entrance sign. Mr. Meyer said no plans have been finalized as of yet but that the group working on the preliminary plans has continued to meet . 9e . Traffic Study 480 Parking restrictions along Xylon Resolution 94-52 Ave . , W. 30 1/2 St . to Minnetonka Blvd. By consent , adopt Resolution 94 - 52 entitled " Resolution prohibiting parking along the east side of Xylon Ave. from W. 30 79 City Council meeting minutes May 2, 1994 1/2 St . to Minnetonka Blvd. between 5 : 00 p . m. and 10 : 00 p .m. 11/ Monday through Friday from May 15 to August 15 each year until the Parks and Recreation Department discontinues its use of the Aquila School fields for its summer youth baseball/softball program. 9f. Minutes : Board of Zoning Appeals March 24 9g. Minutes : Cable TV Advisory Commission April 21 9h. Minutes : Human Rights Commission April 20 By consent, items 9f-9h ordered filed UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS lla. Raffle Application of Jack Jorgenson Char- itable Trust It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the application. The motion passed 7-0 . llb. Gambling license renewal Little Gophers Elaine DiAugostino, gambling manager, spoke to Council making a minor correction to staff ' s report and to plead for renewal of their license . Councilmember Young asked to what extent the donations from their proceeds have benefitted St . Louis Park. Ms. DiAugostino reported on recipients. Councilmember Haun noted that the individual cited for alleged molesting of baseball team members was no longer associated with the organization . He asked the City Attorney how this might reflect on issuance of the license . Mr. Meyer responded that the concern that staff had was that the application as originally received indicated that individual was a part of the organization and felt Council should know that . Staff ' s feeling originally was that it would not be in the City' s best interest to issue a premises permit . In answer to a question from Councilmember Haun, Mr. Sheehy said there was nothing in writing to indicate there has been any 80 City Council meeting minutes May 2, 1994 changes in the initial application. Another option is for the Council to refer to the Board as the latter has responsibility for overseeing the issuance of licenses as opposed to premises permit which is before Council . And the Council has the discretion to approve or deny based on the record before it . Councilmember Latz asked if there were any legal constraints on the Council in deciding whether or not to approve the premises permit . Mr. Sheehy said the City does have a Code which outlines the criteria to be considered in granting or denying premises permits and he briefly reviewed it . In answer to a question from Councilmember Latz , he said Council had authority to look at areas beyond premises permits. Mayor Hanks had a problem with the contribution made by the organization to the City. He thought before taking action the Gambling Board should be contacted for its opinion. Councilmember Young was also concerned about the modest amount of gambling proceeds taken in that was being left in St . Louis Park. It was moved by Councilmember Latz , seconded by Councilmember Jacobs, to defer this matter to May 23 , 1994 and that the City receive in writing from the applicant substantiation that the one individual with a felony conviction has been removed from the governing body of the organization. The motion passed 7-0 . llc. Bid tabulation 1994 street materials (sand, crushed limestone) It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to designate SA-AG for sand and J. L. Sheily for crushed limestone as lowest responsible bidders and authorize execution of contracts for $14, 720 and $6, 210, respectively. The motion passed 7-0 . lle. Crosswalks Councilmember Friedman said that once again he had to stop traffic on Minnetonka Blvd. so a nine year old boy could get across the street on his bicycle . He felt it made no sense to have crosswalks if nothing is done to ensure traffic stops for people in those crosswalks . It was his understanding it was the law for motorists to stop for pedestrians in crosswalks . He was suggesting the City make it known to the newspapers that the City is going to enforce this law. III 81 City Council meeting minutes May 2, 1994 Councilmember Dorfman wondered if Council could be apprised of how many tickets were issued over the past year for motorists failing to stop for people in crosswalks . She felt if the word spread that the police were ticketing, motorists would start paying more attention. Councilmember Friedman felt adequate warning was necessary followed by a two-week blitz on what the City has planned and then follow up with patrol officers ticketing . He was also concerned about the speed on Minnetonka Blvd. where no one observes the speed limit . He was making two recommendations : That the police start immediately to issue warning tags and start patrolling; if public service officers do not have the authority, then give them the authority to tag. Secondly, within 2 weeks we have a publicity campaign that will run for 2 weeks and at the end of that period, start tagging. The above was in the form of a motion seconded by Councilmember Young. Councilmember Haun asked if he were talking about crosswalks throughout the entire City. Mr. Friedman said he was . Mr. Haun did not believe people could be ticketed on private property. Councilmember Jacobs asked if he understood: we ' re going to start a public education blitz informing people of the law on the books relating to observance of pedestrians in crosswalks and 2 weeks after that, we will start issuing tickets . Councilmember Friedman said that was correct, but immediately that police officers start making stops and informing people they must stop for individuals in the crosswalk. Councilmember Dorfman did not see why tickets couldn' t be issued immediately as it is a clear violation of the law. And run the education program concurrently. Councilmember Jacobs said that in Edina, after putting up stop signs, police started stopping people without any educational program. He thought maybe the way to proceed was for the police to stop people, talk to them about the law, give them a warning ticket . At the same time, run this campaign stating that in 2 weeks, citations will be issued. Councilmember Haun said he would like to get an answer about crosswalks on private property. The motion passed 7-0 . MISCELLANEOUS 12a. Damage claims None 82 City Council meeting minutes May 2, 1994 12b. Communications from the Mayor Mayor Hanks noted the next Council meeting will be Monday, MayIII 23, not May 16 . Councilmember Latz said the next Lenox neighborhood meeting would be April 26 . 12c. Communications from the City Manager None . CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims The list of claims prepared by the Director of Finance dated May 2 , 1994 was approved and checks authorized to be issued in the following amounts : Vendor claims : $1 , 005 , 808 . 20 and payroll claims : $12, 441. 52 . 13b. Contract payments 1 . Partial : Automatic Systems Co. , utility control panel . Amount : $314 , 596 .30 14 . Adjournment The meeting adjourned at 9 : 00 p.m. 44 61 Ak„P'it yMaHanks )/2j- Attibk ,ecording Secretary 83