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HomeMy WebLinkAbout1995/10/16 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 16, 1995 1. - Call to order Mayor Hanks called the meeting to order at 7.30 p.m. 2. Presentations None 3 Roll call The following Councilmembers were present: Jeff Jacobs, Sue Sanger, Ron Latz, Robert Young and Gail Dorfman. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Sheehy); Director of Community Development (Mr Harmening); Director of Public Works (Mr. Rardin), City Assessor (Mr. Stepnick); Director of Finance (Ms. McBride), Director of Inspections(Mr. Petersen) and City Clerk(Ms. Flanagan). 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the minutes of the September 26, 1995 study session The motion passed 6-0 Councilmember Latz asked if there was any follow-up from the Met Council with regard to the Liveable Communities Act He recalled they would going to provide further information on the Maple Grove median rents and bus stop at Honeywell site. Mr. Meyer said he did not have an update on the Maple Grove numbers and he will see if staff can get those. He had no further information on a bus stop. Mr. Harmening said he received a voice mail message from Jim Barton saying he was in the process of preparing a response to the questions raised. Staff should have a response soon It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the City Council meeting minutes of October 2, 1995. The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the Council study session minutes of October 9, 1995 The motion passed 6-0 5 Approval of agenda 185 City Council meeting minutes October 16, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for October 16, 1995. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the agenda for October 16, 1995. The motion passed 6-0. PUBLIC HEARINGS 6a. Conditional Use Permit to permit dredging of soil. Princeton Court Association, 2517 Princeton Ave Resolution 95-140 . Betty Kohl, 2517 Princeton Court, said the association has sought to have the wetland dredged for some three years and fully supported the CUP. 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 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 95-140 entitled"A resolution rescinding Resolution 89-31 adopted on March 20, 1989 amending a continued special permit under Section 14:4-9(B) of the St Louis Park Ordinance Code relating to zoning to allow the dredging of 2,150 cubic yards of soil to restore the open water portion of the pond at 2517 Princeton Court." The motion passed 6-0. 6b. Conditional Use Permit to permit placement of fill. Benilde/St Margaret, 2501 Hwy 100 Resolution 95-141 Jim Hamburg, president of Benilde/St. Margaret, spoke in favor of receiving the fill. They looked upon this project as the culmination of a three-year dream. Mayor Hanks asked if the black dirt item had been resolved. Mr Hamburg said it had. There being no one further wishing 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 Sanger, seconded by Councilmember Dorfman, to adopt Resolution 95-141 entitled"A resolution granting Conditional Use Permit under Section 14.4- 9(A) of the St. Louis Park Ordinance Code relating to zoning to permit placement of fill totalling 2,150 cubic yards for property zoned R1 Single Family Residence and FF Flood Fringe Districts located at 2501 Highway 100 South." 186 it City Council meeting minutes it October 16, 1995 ii! The motion passed 6-0 6c. Assessment hearing. Reconstruction of Park Center Blvd from 36th St to Byerly's/ Target Resolution 95-142 There being no one wishing 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 Jacobs, seconded by Councilmember Latz, to adopt Resolution 95-142 entitled"Resolution approving assessment: Project 90-23, reconstruction of Park Center Blvd. from 36th St to Byerly's/Target." The motion passed 5-0-1 (Councilmember Sanger abstained) 6d. Assessment hearing. Storm sewer correction at W 24 1/2 St and Webster Ave Resolution 95-143 11 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfinan, to adopt 1, 1 Resolution 95-143 entitled"Resolution approving assessment: Project 90-26, storm sewer correction at W 24 1/2 St and Webster Ave." The motion passed 6-0. 6e. Assessment hearing Reconstruction of Municipal parking lot and retaining wall, W Lake St/Dakota Resolution 95-144 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-144 entitled"Resolution approving assessment Project 94-02A, reconstruction of Municipal parking lot and retaining wall, W. Lake St/Dakota The motion passed 6-0 6f. Assessment hearing. Reconstruction of north and south frontage roads, east of Hwy 100, Project 89-22 Resolution 95-145 Mayor Hanks read into the record a protest from Katherine Steward. 187 City Council meeting minutes October 16, 1995 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. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 95-145 entitled "Resolution approving Project 89-22. reconstruction of north and south roads, east of Hwy 100." The motion passed 6-0. PETITIONS,REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance amending Zoning Ordinance to create M-X Mixed Use District and additional amendments It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to defer this item. The motion passed 6-0. 8b. Amendment to Zoning Map IP to C2, Honeywell site Ordinance No 95-2042 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Ordinance No. 95-2042 entitled"An ordinance amending the St. Louis Park Ordinance Code changing boundaries of zoning districts." The motion passed 5-1 (Councilmember Sanger opposed). 8c Second reading of ordinance approving revised 1995 budget Ordinance No. 95-2043 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 95-2043 entitled"An ordinance amending the budget for fiscal year 1995." The motion passed 6-0. 8d. Minor amendment to Conditional Use Permit. Park Glen 188 City Council meeting minutes October 16, 1995 David Hornig, applicant, said he had discussed with staff waiving of the requirement for individual water and sewer service. He was looking for a 30-year commitment to rental housing which should be long enough to ensure to the City that this wouldn't be converted to individual sale He said discovery of bad soil on the site has increased the cost by approximately$280,000 as well as the brick and stucco exterior requirement which has added $100,00-$150,000 beyond the original estimate. Added to this, the $61,000 for individual water sewer hookups has created another problem. He was willing to commit in perpeturity that the project will remain rental. Mayor Hanks asked about his timetable in light of questions from staff as to whether this is the best use on the property. Mr. Hornig said that because of the bad soil, pilings are required which can be done no matter what the weather. He believed they could start this Fall. Mayor Hanks said he'd like to see it deferred to the first meeting in November to allow Council an opportunity at a study session to look at the proposal in more detail Councilmembers Latz, Jacobs and Sanger agreed as to a deferral. Councilmember Young asked if the Council were to approve the staffs recommendation, i.e. require separate water and sewer connections, would that make the project not financially feasible Mr. Hornig responded he couldn't go that far; it would be an extra $60,00 they would be hard pressed to come up with. But he would not want that issue to jeopardize the project. He felt a year ago when the project was approved was perhaps the time to address any reservations about that aspect Councilmember Dorfman did not recall any discussion about alternative land uses Mr. Meyer said that was discussed recently. There was some discussion among staff a year ago as to whether or not the zoning was optimal for that particular site. Mr. Hornig said ever since he bought the property, alternative uses had been discussed. The issue comes down to what he paid for the land, add $275,000 for piling costs because of the soils, all of a sudden he's paid too much for the land. He said the land had been approved for a 171-unit apartment building back around 1991, 1992 so it had been residentially zoned for many years. Mayor Hanks asked why he was requesting a reduction in units from 38 to 34 Mr. Horning explained that has to do with the amount of tax credit allowable. When it appeared their costs were increased, they applied for additional tax credit, but the State had none available. So the only way to get the project done was drop the number of units. 189 City Council meeting minutes October 16, 1995 It was moved by Councilmember Dorfman, seconded by Councilmember Latz, to defer this item to November 6 and schedule it for the October 23 study session The motion passed 6-0. 8e. Easement acquisition for reconstruction at Aquila and W 37th St Resolution 95-147 It was moved by Councilmember Latz, seconded by Councilmember Sanger, to adopt Resolution 95-147 entitled"Resolution authorizing purchase of easement located at 8530 State Hwy. 7." The motion passed 6-0 8f. First reading of ordinance re gas station licensing It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second reading for November 6, 1995 and authorize summary publication. The motion passed 6-0. 8g. First reading of ordinance amending theater licensing Councilmember Young was in support of bringing some license relief to theater owners. His concern was that when City departments were asked to close a$1 8 million deficit, many reductions were seen in the budget Perhaps Council should now be concerned about not giving things away. He felt a license fee of some sort should be retained Councilmember Dorfman said she was in favor of licensing where there was an apparent need to regulate beyond the City's ordinances. She did not see that in terms of movie theaters and would be in favor of waiving the license fee for theaters. Councilmember Jacobs had a philosophical question about raising money for the sake of raising money. There didn't appear to him to be any reason to license theaters in light of other business establishments that are not licensed at all. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Alternative A which is to repeal those sections licensing theaters from the licensing ordinance. Councilmember Latz didn't see any grounds legitamately to regulate solely for the purpose of maintaining a revenue stream. 190 City Council meeting minutes Ill October 16, 1995 Mayor Hanks asked that staff bring to the November 6 meeting everything the City licenses He felt licensing of theaters was valid. who decides if they are overcrowded, more people there than should be. Certainly if it is the Fire Department, there are costs incurred. He felt sometimes issuance of a license was the only way to keep a business doing what it purports to do. On the other hand, maybe all licensing should be eliminated. Councilmember Sanger asked if there were other communities in the metro area that have no licensing of theaters and if so, have there been any negative consequences Mr. Meyer said the City Clerk reviewed the League survey and only kept track of the cities that licensed theaters. Councilmember Latz pointed out that the difference between licensing gas stations and theaters is that gas station business is conducted outside He felt maybe it would be good to look at whether or not the city is appropriately licensing that which needs to be licensed. Councilmember Young preferred a deferral to investigate this prior to taking any action on eliminating all licenses. I The motion failed 3-3 (Hanks, Sanger, Young opposed; Jacobs, Latz, Dorfman favoring) It was moved by CouncilmemberYoWlQ, seconded by Councilmember Sanaer,to defer to November 6, 1995. The motion passed 6-0 8h. Resolution setting public hearing date for Parkshore bond refinancing Resolution 95-148 By consent, adopt Resolution 95-148 entitled"Resolution relating to the issuance of revenue refunding bonds, calling a public hearing and authorizing an agreement as to indemnity and payment of expenses in connection therewith." 8I Resolution adopting special legislation and requesting confirming resolutions from School District#283 and Hennepin County Resolution 95-149 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-149 entitled"Resolution approving special law as recorded in Minnesota Statutes Chapter 264, Article 5, Section 36" The motion passed 6-0. 191 City Council meeting minutes October 16, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to request confirming resolutions from School District#283 and Hennepin County. The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic Study No 503 update Traffic controls at W 32nd St./Virginia Ave It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to deny installation of any controls. . The motion passed 5-0. (Councilmember Young out of chambers). UNFINISHED BUSINESS 10a. Boards and commissions Interviews will be scheduled for October 23 Consensus was to interview current board/commission members who wish to be reappointed. NEW BUSINESS I la. Bid tabulation Automated fuel dispensing/accounting system Resolution 95-150 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-150 entitled"Resolution accepting bid and authorizing execution of a contract for Project No. MB-92-06, installation of automated fuel dispensing and accounting system at the Municipal Service Center." The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Gerard Blue, Mabell Duncan; Theresa Sweezo By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks noted Councilmember Dorfman and he read to students during the Cities 95 Week. 192 QII City Council meeting minutes it October 16, 1995 Also, that students have submitted essays on why they like living in St Louis Park and the winner will be treated to a lunch with the Mayor. The Mayors' conference had been held at Brainerd which affords him an opportunity to see what other communities are doing, usually already underway in St. Louis Park. He said a tree planting in memory of Percy Morris is scheduled for Sunday, October 29 at 4 00 p m at the Police station. All are invited to attend. Council Dorfman said the 5th grade class at Cedar Manor held a ho-down at the junior high on Saturday night to raise money for Camp St Croix which many of the 5th graders throughout the City have attended. 12c. Communications from the City Manager Mr. Meyer said he had spoken to fifth graders at Susan Lindgren as well On October 18, he noted a meeting from 6.30 to 9 30 p m at Hopkins City Hall sponosred by the State Board of Government Innovation and Cooperation. All elected officials are invited. On October 23, the Met Council is sponsoring a liveable communities tour. The Clean Water Partnership groundbreaking is scheduled for Wed , Oct. 25 at noon at Cedar Meadows. He reminded Council that a liquor license hearing is scheduled for Monday, October 30 at 7 00 p m. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the verified claims were approved and checks authorized to be distributed in the following amounts Vendor claims: $330,032 75 and payroll claims $23,856 11 14 Adjournment The meeting adjourned at 8.45 p.m. / (N L W Hanks, Mayor ,arc6VAL122k1 ecording Secretary 193