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HomeMy WebLinkAbout1994/09/12 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 12, 1994 1 Call to order Mayor Hanks called the meeting to order at 7.30 p.m. 2. Presentations Mayor Hanks read and presented the following proclamations: League of Women Voters Week and Constitution Week 3. Roll call The following Councilmembers were present at roll call Jeff Jacobs, George Haun, Allen Friedman, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks. Also present were the City Manager(Mr. Meyer); Deputy City Attorney (Ms. Pace); Director of Public Works(Mr Grube), Director of Community Development (Mr. Hagen); Director of Finance (Ms. McBride); Inspections Division Head (Mr. Petersen); and Asst. to the City Manager (Mr. Larson). and Director of Parks and Recreation (Mr. Gears) . 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the August 29, 1994 City Council meeting. The motion passed 6-0-1 (Councilmember Friedman abstained). It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the August 29, 1994 study session. The motion passed 6-0-1 (Councilmember Friedman abstained) 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for September 12, 1994. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for September 12, 1994 with the deletion of item 6b. Also noted: revised resolutions accompany item 6a. The motion passed 7-0. PUBLIC HEARINGS 165 6a. Amendment to Comprehensive Plan to change land use from industrial to R-50 High Density Residential Hwy. 100/Hwy. 7 -Bet Shalom Congregation Cory Gordon, 2745 Aquila Ave So , addressed Council representing Bet Shalom Congregation He thanked staff for their efforts in the proposed relocation process Councilmember Friedman asked Ms Pace on how best the Council can proceed since there were some problems with the materials before Council. Ms. Pace said questions had been raised as to potential problems with the proposed Comp Plan amendment relating to spot zoning She said the Comp Plan needs to be amended before the Council can consider a rezoning request. The crux of the problem is- Whether or not the rezoning would create an area of incompatible land use with the surrounding neighborhood to the benefit of the property owner and detriment to others, as well as the question of an industrial property abutting a residential property Also of concern would be restrictions placed on an industrial property affecting its ability to continue to operate. An alternative for the applicant is to explore a text amendment to the IG district to permit as either a use permitted with conditions or a conditional use, i.e. Religious Institution She said this would affect all IG districts Councilmember Dorfman asked about the buffering. Mr. Meyer said in the zoning ordinance there is not a requirement for a bufferyard in this instance. Councilmember Young asked the City Attorney if there were any option that would include the possibility of the synagogue being there and the industrial users being allowed to continue on a 24-hour basis. Ms. Pace said in her opinion this would raise significant equal protection questions and probably not the best avenue to pursue. David Shulback, Investors Bank, spoke, representing the property owner. He said the property had been on the market for up to 3 years. Corrine Lynch, representing the Dahlquist properties, spoke. As a member of the family, she said they were concerned about anything which would restrict their operation. They had no problem with a synagogue being next door to them and would do whatever necessary to be a good neighbor. In answer to Councilmember Jacobs' question as to procedure, Ms. Pace said several options were open: For the applicant to withdraw its application for a Comp Plan amendment and thereafter to direct staff to prepare a text amendment to the zoning ordinance to permit religious institutions in an IG as either permitted with conditions or a conditional use; the applicant could request a text amendment, all requiring going to the Planning Commission. Dr. Porter, owner of the pet hospital next to Nordicware, spoke. A concern of his was traffic especially from 4-6 p.m. and what concessions he might be asked to make in the future . He was 166 z+):7; not opposed to the synagogue locating there but felt,all,aspects should be studied He said walking was impossible there and would installation of sidewalks, if done, be the responsibility of industrial property owners Mr Gordon said primary hours of operation of the synagogue are Friday evenings and Saturday and Sunday On behalf of the applicant, he withdrew the request for a Comp Plan amendment. They requested exploration of the text amendment change. There being no one further wish to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to waive any additional fee that might be required since a fee has already been paid to initiate this process and that withdrawal of the present application be accepted The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to direct staff and the City Attorney to prepare a proposed ordinance providing for a text amendment change in the IG to permit, under certain circumstances, religious institutions Councilmember Friedman preferred"house of worship" instead of"religious institutions." Ms. Pace preferred to research the code before firming up the language. The motion passed 6-0-1 (Mayor Hanks abstained). Mr. Meyer said the second part of staff's report has to do with adopting a water resources plan and that this was a significant enough policy issue that it should be studied by the Council. It was added here in order to make it possible for a Comp Plan amendment to go through the Met Council, which is one of the steps. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to schedule this item on an upcoming study session. The motion passed 7-0. 6b. Item deleted PETITIONS,REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Resolution endorsing waiver application of MN Statute 115A.930(1): Refuse service Resolution 94-123 167 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 94-123 entitled "Resolution endorsing waiver application of Minnesota Statute 115A.9301(1)." The motion passed 7-0 8b Resolution modifying setback. Apex plat The attorney from Apex explained the plat survey Mayor Hanks said he did not have a problem with the survey, however, he was disappointed in the looks of the property He thought everything was going to be bermed so storage yards could not be seen from the street or at least the landscaping would hide it. Now you can see materials 6- 8 ft. about the fence and the fence is not opaque If it was something missed by the Council, he would take the blame. But it had not turned out as he thought it would. Mr Hagen said bushes have been planted which will provide significant screening once they mature. The landscaping plan does meet the ordinance requirements for an open storage yard in that district. Councilmember Friedman concurred with the Mayor's remarks. He said the building is beautiful but you can see semis and open doors all over the place. He asked that someone review the minutes to see if this was discussed. He remembered Council being particularly concerned that all the stuff in the storage yard be screened. Mayor Hanks suggested spending some tax increment money if necessary. He didn't believe SPS wanted it to look that way, it was a detriment to their business. It was moved by Councilmember Friedman, seconded by Councilmember Latz, to defer this item to September 26, 1994 and allow the Planning Dept. time to figure out how this occurred with the survey and discuss any other implications this may have with SPS. His motion was specific: it is only to review the question of how this happened and what the Council does with it. The motion passed 7-0. 8c. Resolution approving preliminary tax levy and budget for 1995 Resolution 94--119 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 94-119 entitled"Resolution approving proposed 1994 tax levy, collectible in 1995 and approving proposed 1995 budget" The motion passed 7-0 168 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve first 111 reading, set second for September 26, 1994 The motion passed 7-0. 8d. Excelsior Blvd Streetscape Resolution 94-120 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-120 entitled"Resolution idemnifying and holding Hennepin County harmless for the construction and existence of streetscape planter boxes; assuring that adequate snow storage will be provided and assuring that snow will be removed from the boulevard on County State Aid Highway No 3 (Excelsior Blvd) " The motion passed 7-0 8e Minor amendment Musicland Group, 7500 Excelsior Blvd. Resolution 94-125 A representative from Musicland Group noted they were requesting to add additional windows to the building It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-125 entitled"A resolution rescinding Resolution 89-38 adopted on April 3, 1989, approving a minor amendment to a continued special use permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code relating to zoning to allow modifications to the building at 7500 Excelsior Blvd." The motion passed 7-0. 8f. Minor amendment: Knollwood Village, 8906-8950 Hwy. 7 Resolution 94-126 It was moved by Councilmember Dorfinan, seconded by Councilmember Friedman, to adopt Resolution 94-126 entitled"Resolution rescinding Resolution 92-144 adopted on September 21, 1992 and approving a minor amendment to a continued special use permit under Section 14:8- 6.4(D) of the St. Louis Park Ordinance Code relating to zoning to allow exterior modifications at 8900 Hwy. 7, 8906-8950 Hwy. 7 and 8800 Hwy. 7. The motion passed 7-0. 8g. Pets in the Park The following people spoke in favor of allowing pets in City parks: Nancy Manning, 2520 Xylon Ave. So.; Sharon Miller, 9416 W. 14th St.; Mr. and Mrs. David Leboski , 3315 Decatur Lane; 169 Robert Hyde, 3309 Huntington, Curtis Holmquist, 1807 Texas, Gene Murphy, 4921 Vallacher _ Ave , Tom Powers, 2241 Hampshire Ave Councilmember Young asked what the Parks and Recreation Commission had recommended. Mr. Gears said the commission voted 4-1 in favor of the proposed ordinance amendment It was moved by Councilmember Young to approve the recommendation of the Parks and Recreation Commission, to wit, to allow dogs in the parks with certain restrictions (1) must be under control at all times, (2) restrained by adequate leashes; (3) persons walking their pets in the parks must have in their possession the tools and equipment for removal of animal fecal material. _ Also, the Director of Parks and Recreation may determine areas within the City that should be restricted from walking pets The motion died for lack of a second. Councilmember Haun moved that , pets be allowed on a 6-month trial basis in Lamplighter Park, Oak Park Village area, George Haun Trail and Dakota Park. Councilmember Friedman seconded. Councilmember Friedman felt it was reasonable to have a 6-month trial basis in four parks, one in each Ward. He was not interested at this point in having all City parks open to pets. Councilmember Latz noted there were 1700 licensed owners out of 6800 dogs, which he felt a poor compliance record. He felt this was a good interim step and noted that the City does not have the resources to enforce these types of ordinances--the enforcement must lie with the citizens who, it is hoped, will be responsible and adhere to the provisions of the ordinance Councilmember Young suggested including two other parks in Ward 4: Otten Park and Shelard Park. Often Park is actually Otten Pond. Councilmember Dorfman said she was sure people in other Wards would like more parks designated for walking pets. She felt the motion should stand as presented. If all goes well for the six-month trial period, she felt expansion could be considered then. The motion passed 7-0. It was noted this was an ordinance requiring two readings. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to approve first reading, set second for September 26, 1994 and authorize summary publication. The motion passed 7-0. 8h. Resolution with findings of fact: Hazardous building. 1600 Hampshire Ave Resolution 94-127 I 170 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt resolution No 94-127 entitled "Resolution and order to raze and remove hazardous building located at 1600 Hampshire Ave So " Councilmember Friedman asked if any response had been received from the Bells Mr Petersen said the Inspections Department had received a response from the property owner asking for a roofing permit The motion passed 6-0 (Councilmember Haun out of chambers) REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Honeywell, Inc/City partnership Councilmember Friedman felt that termination was too strong an action at this point. He was not yet convinced that there isn't something to be gained in some part of this proposed partnership. Honeywell has pared the figures down from $600,000 to $200,000 and with the guarantee, he did not understand what the problem was. He felt it was worthy of further discussion, perhaps at a study session. It was moved by Councilmember Friedman, seconded by Councilmember Young not to terminate the negotiations with Honeywell Mayor Hanks was not in favor of this matter just going on and on. Councilmember Jacobs was not opposed to cost savings, but didn't see where continuation of negotiations would lead us. Councilmember Friedman said he'd like to see more firm answers. To save any more staff time spent at this point, he'd like to see a rejoinder from Honeywell answering these issues and then discuss it further. Councilmember Haun wondered why they hadn't answered the questions on the numerous occasions they've met with Council. Joanne Sullivan was present from Honeywell. She said they felt it was still a worthwhile program but if staff does not want to embrace the program, they did not want to forge a relationship with the City Wit feels it is being forced upon it.. Councilmember Friedman said Council sets the policy, not staff. All he was asking from Honeywell was what their figures are and how they differ from staff's. He was mainly interested in how the City can save money through this partnership. Councilmember Dorfman felt as a Councilmember she has had enough time to study the proposal 111 and at this point to send Honeywell back to do more work and staff to do more work is unnecessary. 171 Councilmember Latz said there was a significant difference in what Honeywell said in its letter and Mr. Grube's report re NSP energy savings payback. In its letter, Honeywell disagrees that the payback is attributable to NSP He asked if Honeywell accounted for the NSP financing when coming up with its final figure of$128,000 in energy savings. The motion failed 5-2 (Councilmembers Young and Friedman opposed). Councilmember Young asked what the next step would be. Mr Meyer said the next step would be to pursue the program with NSP for the zero percent loan program. Mr. Grube said the water utility element, proposed improvements to water utility treatment facilities, will come back to Council. Other elements of this improvement have not yet been looked at pending the outcome of the discussions with Honeywell. Staff would look at finalizing a proposal which would finish off the other facilities under the NSP zero percent loan program and then incorporate some of the issues identified by Honeywell --bringing those to Council for final consideration Re a timeline, Mr Grube said staff would expect to bring those back as quickly as possible but could not be more specific. It was moved by Councilmember Young, seconded by Councilmember Dorfman, to accept the proposal for termination in staff's report and to add presentation of an additional conservation plan within 90 days to the City Council. Mayor Hanks asked if 90 days were realistic. Mr. Grube said since he would be gone in 30 days, it was hard for him to answer this. Mayor Hanks asked the maker of the motion if it would be acceptable that staff report back within 90 days. It was acceptable. It was moved by Councilmember Latz to amend the motion that staff will have a report on the progress of a conservation plan within 90 days. The motion passed 7-0. 9b. Management study: Community Development/Inspectional Services It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to more forward with implementation of study recommendations. The motion passed 7-0. In answer to a question from Councilmember Friedman, Mr. Meyer said staff was in the process of putting together the implementation steps, the first of which is to return to Council with an 172 , ordinance to establish the Department of Inspections as this was part of the study's recommendations Councilmember Friedman was not interested in sitting by for 30, 60, 90 days while implementation takes place There was too much at stake and he wanted to know when the things that need to be done are going to get done 9c City Engineer's report Project 94-11. 34th/Huntington storm sewer repair Resolution 94-124 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 94-124 entitled"Resolution accepting the City Engineer's report, establishing Improvement Project 94-11, approving plans and specifications and authorizing staff to advertise for and take receipt of bids" The motion passed 7-0 9d Update on T.H 169 watermain, Project 90-29 It was moved by Councilmember Young, seconded by Councilmember Jacobs, to accept report for filing. The motion passed 7-0. 9e. Appeal to decision of BOZA• Variance at 4520 Morningside Mr. Phillippi presented from his perspective the issues involving his fence at 4520 Morningside. He was proposing Council pass a resolution issuing a variance to allow the fence to remain as is. Mayor Hanks acknowledged the peculiar situation in that his side yard is his front yard and vice versa. He felt it important that the fence height be addressed and brought down to the 6 ft. height. Councilmember Haun also had a problem with the current 8 ft. fence along Wooddale. He felt the interpretation of where his side yard is needed to be changed. Then he needs a variance to put up a 6 ft. fence in the side yard. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to grant a variance for a 6 ft. fence in the front yard(Wooddale side). The motion passed 7-0 9f. MnDOT/City agreement: Traffic signal maintenance. Park Place Blvd/Gamble Dr. Resolutions 94-121. 94-122 : 3o rSa4.1, 173 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution No 94-121 entitled"Resolution authorizing execution of agreement No. 72440 with MnDOT to provide for improvements related to the interconnection of the Park Place Blvd./Gamble Dr. traffic signal interconnection" and Resolution 94-122 entitled"Resolution authorizing execution of Agreement No 72441-R with MnDOT to provide for improvements related to the interconnection of the Park Place Blvd./Gamble Dr. traffic signal maintenance." The motion passed 7-0 9g. Ford Road improvements in St. Louis Park and Minnetonka It was moved by Councilmember Young, seconded by Councilmember Jacobs, to authorize staff to advise the City of Minnetonka of its support for the 1995 improvement of Ford Rd. between Runnymeade Lane and the south I-394 frontage road and place on an upcoming study session. The motion passed 7-0 9h City Engineer's report: Fuel dispenser improvements. Project MB 92-06 1301 Resolution 94-128 (;rte It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-128 entitled"Resolution accepting the City Engineer's report, establishing Improvement Project MB-92-06 and authorizing execution of Contract Agreement No. MB-92-06 with Zahl Equipment Co. for the reconditioning of the fuel dispensing system serving the Municipal Service Center." The motion passed 7-0. 9I. Minutes• Planning Commission, August 3 9j. Mmutes: Board of Zoning Appeals, July 28 9k. Parks and Recreation Commission minutes. Jule 15 91. Neighborhood Revitalization Commission minutes. Aug. 10 By consent, minutes received for filing UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS 11a. Change Order No. 4: Excelsior Blvd. 174 Resolution 94-129 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 94-126 entitled"Resolution pertaining to Change Order No 4 for Project No 93-23, Contract No 3068 " The motion passed 7-0 11b Bid tabulation: Traffic control signal system, Project 93-10 30 Li- kas-.' Resolution 94-130 c�P It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 94-130 entitled"Resolution accepting bid and authorizing execution of a contract for the construction of a permanent traffic signal system at Minnetonka Blvd. and County Road 25, Project 93-10 " The motion passed 7-0. 11 c Void 11d. Bid tabulation. Lead water service replacement 3°476 Resolution 94-131 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-128 entitled"Resolution accepting bid and authorizing execution of a contract for Project No. 93-30• Lead water service replacement." The motion passed 7-0. MISCELLANEOUS 12a. Damage claims Dorothy Bourne, Gary Franzen By consent claims referred to City Clerk and City Manager 12b Communications from the Mayor None 12c. Communications from the City Manager Mr. Grube showed Council the design for the proposed watershed district bumper sticker. The City's logo will appear thereon. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 175 13a Verified claims By consent, the list of verified claims prepared by the Director of Finance dated September 12 was approved and checks authorized to be distributed in the following amounts Vendor claims: $609,998 38 and payroll claims $48,456.86 13b Contract payments 1. Final: Northern Air Corp Ventilation improvements Amount: $25,800 2. Final: E H. Renner& Sons. Well construction. Amount: $14,718 3 Final Midwest Asphalt Corp Grading, bituminous paving, concrete curb and gutter. Amount: $9,852 By consent, adopt resolutions 94-132, 94-133 and 94-134 approving payment of contracts 1, 2, 3 above, respectively 4. Partial: Automatic Systems. Utility controls Amount: $29,610 55 5. Partial: DMJ Corp. Grading, paving, curb/gutter for parking lots. Amount: $24,950.52 6. Partial: G.M.H. Asphalt Corp. Grading, bituminous paving, concrete curb/gutter, watermain. 111 Amount: $165,983.71 7. Partial: Valley Paving. Pavement surface milling, curb/gutter repair, bituminous overlay. Amount: $3,945.79 8. Partial: Pitt-Des Moines, Inc. Elevated water tank: Amount: $339,131.00 9 Partial: Faircon Service. Mechanical work, 1st floor City Hall. Amount: $38,000 10: Partial: Hardrives, Inc. Street reconstruction, street lighting and traffic signal system. Amount: $324,291. By consent, payments approved. 14. Adjournment The meeting adjourned at 10:15 p.m. Lyle Hanks, Mayor Recording Secretary 176