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HomeMy WebLinkAbout1995/11/20 - ADMIN - Minutes - City Council - Regular �II MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 20, 1995 1. Call to order Mayor Lyle Hanks called the meeting to order at 7 30 p m 2. Presentations None 3. Roll call The following Councilmembers were present at roll call Jeff Jacobs, George Haun, Sue Sanger, Robert Young Also present were the City Manager(Mr Meyer); Deputy City Attorney (Ms Pace), Director of Community Development (Mr Harmening), Director of Public Works (Mr Rardin), Assistant to the City Manager (Mr Larson), City Assessor(Mr Stepnick), Director of Finance (Ms McBride), Personnel Officer (Mr Wysopal); Police Chief(Mr. Mitchell); Director of Inspections (Mr Petersen), Assistant Finance Director (Mr. Felton), Lt. Sewall, Utility.Superintendent (Mr. Anderson), City Bond Counsel (Mr Tietz) 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the November 6, 1995 City Council meeting. The motion passed 5-0 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the special City Council meeting of November 13, 1995 The motion passed 5-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the City Council study session of November 13, 1995 with the deletion of the last line of item 10 The motion passed 5-0 5 Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for November 20 with the removal to the agenda of item 9e Cable TV Commission minutes The motion passed 5-0 j It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to approve the agenda for November 20, 1995 The motion passed 5-0 205 PUBLIC HEARINGSII 6a. Application of King's Wok for a 3 2 beer license at 8942 Hwy 7, Knollwood Village (application incomplete) It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to continue the public hearing to December 4, 1995 The motion passed 5-0 6b. Zoning ordinance amendment to permit outdoor seating as an accessory use 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 Councilmember Jacobs asked if there would be a limitation on the hours of operation and the size of the accessory use for outdoor seating Mr. Harmening said the Planning Commission had raised concerns about outdoor seating adjacent to residential areas being disruptive. The Commission included provisions in the ordinance whereby if outdoor seating were located within a certain distance of residential areas, outdoor speakers or other types of noise devices will not be allowed Also, the hours of operation will be limited to 10.00 p m. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve first reading and set second reading for December 4, 1995 The motion passed 5-0 6c. Assessment hearing Construction of sidewalk along Parkdale Dr , Project 94-20 Resolution 95-161 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 Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-161 entitled"Resolution adopting assessment Improvement No 94-20, a sidewalk along Parkdale Drive " The motion passed 5-0 6d Assessment hearing Paving, curb,_gutter at Raleigh/35th St W W . Project 94-01 Resolution 95-162 206 11 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 Haun, to adopt Resolution 95-162 entitled "Resolution adopting assessment Improvement No 94-01, paving, curb and gutter at Raleigh Ave. S and West 35th St " Councilmember Sanger noted the total costs assessible are not the same as the total costs of the project Mr Stepnick said the item for the driveway aprons increased the total cost and should be included in the $110 thousand He was not sure whether the engineers had included that in the $110 thousand or not So he assessed it separately To the extent the driveway aprons are included in the $110 thousand, he will either exclude or include them The motion passed 5-0 6e. Assessment hearing- Construction of permanent traffic signal at Park Place Blvd/Gamble Dr , Project 90-49 Resolution 95-164 Mayor Hanks read an objection to the assessment from Honeywell. Mr Stepnick said that under the original project, Honeywell was not to be assessed He said a right-of-way acquisition hearing was held and Honeywell did donate $12,000 in ROW for the project Since the proposed development with Ryan, he included Honeywell in the assessment to the extent of$14,000 to $15,000 Councilmember Jacobs asked if the City had some kind of arrangement with Honeywell that if they donated the ROW, they would not be assessed Mr Stepnick said there was no agreement; although at the time of the improvement hearing, the City was going to assess MEPC 1/3 or one leg of the project That was all that was said at that time Councilmember Young recalled that MEPC was donating its land and was not objecting. Mayor Hanks asked that since Honeywell donated that land because of the potential development is why it is being assessed Mr. Stepnick said that was correct 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 207 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 95-164 entitled "Resolution adopting assessment Improvement No 90-49, traffic III signal at Park Place Blvd. and Gamble Dr" Councilmember Sanger asked why the total to be assessed is less than the total cost of the project Mr. Stepnick responded that is because there are 3 legs to the project and the original agreement was to assess 1/3 of the project to MEPC and because of the development at the Honeywell site he put them in for a portion of the cost of the project, not 100% Councilmember Sanger asked against whom the remainder of the costs be assessed Mr Stepnick responded General Obligation Bonds and MSA will be utilized. Mr. Meyer noted what the City Assessor has to do in any kind of improvement project is to determine the benefit to the property The extent to which the property is benefitted, and in effect increased in value, is the result of the improvements There are various ways in which to split the special assessments based on the benefit accrued. Mr. Stepnick said typically traffic signals are not assessed because they are of benefit to the entire City It is very difficult to determine the benefit In this case, MEPC had an indirect source permit and also the potential of development on the Honeywell site The other traffic signal in town that was assessed was Methodist Hospital, coming out of their parking lot, and they did pay a portion of those costs as they were a direct beneficiary of that signal. The motion passed 5-0 PETITIONS, REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance extending moratorium on adult-oriented uses by 6 months Ordinance 95-2045 David Gronbeck, attorney for Fantasy House, addressed Council He was asking that the ordinance not be extended or at least not in its present form He reviewed his communication to Council outlining his reasons for requesting non-extension Mr Meyer noted for the record that while Mr. Gronbeck certainly would have been welcome at the hearing, unlike some sections of the ordinance which require notice to individual property owners, this type of ordinance change required general publication which was done and no property owners were notified of the hearing. 208 1r IIt was moved by Councilmember Haun, seconded by Councilmember Young, to waive second reading, adopt ordinance entitled "An interim ordinance amending Ordinance 2013-94 regulating the establishment, development, location or relocation of adult-oriented businesses in the City of St. Louis Park and directing that a study be conducted by adding Preambles 1 09 and 1 10" and authorize summary publication The motion passed 5-0 8b Second reading of Zoning Ordinance amendment related to land use description of nursing home Ordinance 95-2046 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to waive second reading, adopt ordinance entitled "An ordinance amending the St Louis Park Ordinance Code relating to zoning by amending Section 14 5-3 2(B)(8) Land Use Descriptions -Nursing Home and authorize summary publication • The motion passed 5-0 8c. Second reading of ordinance amendment related to theater licensing Ordinance 95-2047 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to waive second reading, adopt ordinance entitled "An ordinance amending the St. Louis Park Municipal Code related to theater licensing Amending Sections 13-440, 13-441, repealing Sections 13-442 and 13-444 through 13-449, amending and renumbering Section 13-443 to be 13-442" and approve summary publication Councilmember Jacobs asked, on the subject of licensing in general, would the subject of licensing theaters at all come to an upcoming study session Mr Meyer said staff is in the process of reviewing all licensing requirements and it will be forthcoming The motion passed 5-0 8d Second reading of ordinance 1996 water and sewer rates Ordinance 95-2048 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to waive second reading, adopt ordinance entitled"An ordinance amending the St Louis Park Municipal Code related to the 1996 water rates, Section 9-101 and the 1996 sewer rates, Section 9-231" and approve summary publication The motion passed 5-0 209 8e. Second reading of ordinance amendment related to animals Ordinance 95-2049 Councilmember Latz arrived It was moved by Councilmember Young, seconded by Councilmember Jacobs, to waive second reading, adopt ordinance entitled "An ordinance amending the St Louis Park Ordinance Code relating to trhe regulation and licensing of dogs, cats and other animals by adding Sections 11-304 and 13-508, renumbering and amending Sections 11-306 101 and 13-501 101, and amending Sections 11-301, 110302, 11-305, 11-306, 11-307, 11-308, 11-309, 11-3109, 11-312, 11-313, 11-316, 11-317, 11-318, 11-320, 11-321, 13-501, 13-502, 13-503, 13-504, 13-505, 13-506, 13- 507 and 13-558" and approve summary publication. Councilmember Jacobs asked if there were instances where other kinds of animals that the City has to deal with that homeowners might have. Chief Mitchell responded there were Councilmember Sanger had several small items while being in general agreement with the ordinance Pages 9, could the language in 11-302 be changed to gender-neutral language On page 3 relative to barking dogs, she would request the addition of the word "unprovoked"just before barking She noted that provision is being made for cats running loose and would be subject to being boarded But cats are not licensed. As a practical matter, if cats are not licensed, how will the City know who to call and tell them to reclaim their cat from cat jail . Chief Mitchell responded said it was a situation currently being dealt with In most cases, a loving cat owner will contact the Police He said there are probably more dogs in the City that do have loving owners that are unlicensed than are licensed even though there is a licensing requirement Mr. Meyer said the purpose of this change to the ordinance is that now under the new proposed ordinance when a person comes to collect a cat it is clear that we have the ability to charge them for the impounding Councilmember Jacobs asked if the ordinance provides sufficient support to charge boarding fees for animals other than cats and dogs Chief Mitchell said that occasionally, very occasionally happens Mayor Hanks had a problem with the second change as proposed by Councilmember Sanger He could see the police being called to where a dog is barking and have some neighbor say someone provoked the dog I 210 IItChief Mitchell suggested Councilmember Sanger might wish to remove the word "unprovoked " ( a He said there are a lot more community problems associated with barking dogs and animals Anything can provoke a dog - a burglar provoking a dog is good, a bird provoking is not Councilmember Jacobs could see trouble with enforcing, i.e , who "provoked" the dog. Lt. Sewall explained how the department got to the point of charging on a barking dog situation. The motion passed 6-0 with the first change as suggested by Councilmember Sanger agreeable, the second change rejected 8f. Resolution granting variance to build front porch at 4141 Webster Ave Resolution 95-165 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-165 entitled "A resolution granting variance from Section 14 5-4 3(F)(6) of the Ordinance Code relating to zoning to permit a front yard setback of 32 25 feet instead of the required 37 125 feet for property located in the R-2 Single Family District at 4141 Webster Ave " The motion passed 6-0 8g Resolution approving Environmental Assessment Worksheet for Honeywell site Resolution 95-166 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-166 entitled "A resolution approving an Environmental Assessment Worksheet (EAW), finding no need for an Environmental Impact Statement, and requiring certain mitigation for retail redevelopment of property located at 1625 Zarthan Ave So " Councilmember Sanger said one thing not clear to her, procedurally, is that a number of requirements have been added to the resolution that are limitations imposed by staff in terms of the operation of the signaling, some of the roadway and parking issues that have been added as part of the motion to approve the EAW It seemed to her many of these items would have been included in the PUD process and therefore subject to additional hearings that will be coming up on the site plan She wondered why they were included at this stage of the proceedings Mr Harmening said several of the items will be addressed as part of reviewing the PUD proposal, however, the conditions included in this resolution are intended to put the developer on notice as well as the public that in order to mitigate any impacts associated with the project, there are certain conditions which should be imposed as a part of any approval. In a sense, this provides advance warning to the developer that the project does have impacts and that certain steps have to be taken to mitigate those impacts. Councilmember Sanger's concern about proceeding this way is that by putting them in the resolution it leads to at least one possible interpretation, i e that they cannot be made further 211 strict or further detailed as part of the PUD process To put them in at this stage of the game without public comment would not be appropriate Mr. Harmening said that the PUD process allows for public review and comment on the EAW, whether it be metro, State or Federal agencies as well as the general public Several of the inclusions came up from a neighborhood meeting, and the suggested mitigative measures were part of a public process Nothing precludes the Council from adopting additional conditions it feels are necessary to offset the effects of the project Councilmember Sanger asked the City Attorney if, in the event this is approved and then through the PUD process there was an interest in making some of the same conditions more restrictive, would there be any legal reason the Council would be precluded from doing that at that time Ms Pace said one thing that would mitigate her concerns would be to add a sentence to the resolution that specifically states that nothing contained in this resolution regarding the conditions is intended to limit in any way any subsequent conditions that may be imposed as part of the PUD or permitting process This makes it clear the Council's intent is to look at the specifics in greater detail when getting to the process Councilmember Sanger asked that such a sentence as suggested by the City Attorney be included Councilmember Sanger said had she been in attendance when this item was discussed at the November 3 Council meeting, she would have pointed out that there is nothing said in the resolution about the significant issue of noise One of the things pointed out in the EAW is that the area is totally out of compliance with noise regulations, and what is proposed for this site will make the area even further out of compliance with noise regulations She found this totally unacceptable as well as the fact no attention is paid to that issue in the proposed resolution She was requesting that be addressed before the resolution is voted upon Mayor Hanks asked the City Attorney for clarification as to where the proposed additions would be placed in the resolution Ms Pace responded that her first recommendation be made No 4 or even 3c in the resolution stating "With respect'to items 3a and 3b, nothing contained in a and b above is intended to anyway limit the Council's discretion at a future date to impose additional conditions in a demolition permit or in a preliminary and final PUD and plat application processes." It was moved by Councilmember Sanger, seconded by Councilmember Latz, to approve the amendment as proposed by the City Attorney Councilmember Jacobs asked what would be the practical effect of the amendment Ms. Pace responded it was her understanding Councilmember Sanger raised a question whether No 2 and 3 limit the Council's authority and discretion at some future date to only those conditions that are set forth in this resolution with respect to the various permitting processes, 212 ( I i .e , the PUD and demolition permit Just to make the Council's direction or intent very clear, we could just add the provision that says, "By setting forth these conditions, we are not intending in any way to limit ourselves when those permits are under consideration to adding other conditions " The motion passed 6-0 Mayor Hanks said the matter of noise had been brought up and he felt that was a PUD item Councilmember Jacobs said that had been discussed on October 20 when it was brought up by the resident. He recalled that noise issue had primarily to do with the demolition of the existing building as well as construction and that can be dealt with during the PUD process He did not see the need for an EIS just for demolition Councilmember Sanger said her comments were not addressed to the demolition which she noted were covered in the EAW She was speaking of the on-going noise that would be prevalent on the property and to the neighbors when the project is built She was disappointed to find that that entire subject was ignored in the resolution She felt the City should be taking all possible steps to keep the problem from getting any worse 111 Councilmember Haun assumed this would be out of compliance no matter what project goes in there Councilmember Sanger was not sure whether that was true or not Her concern was the on-going noise with warehousing, trucking, people coming and going and being on the property, operation of equipment From her perspective, the City should be going in the direction of trying to go into compliance with applicable regulations and keep the neighborhoods quieter Councilmember Jacobs noted there was nothing on the property today and it still is not in compliance -- perhaps because of ambient noise that is taking place on Cedar Lake Rd Mayor Hanks commented that if the City is going to encourage development, there are going to be times when problems develop and Council is going to do the best with them it can He would hate to think that this proposed development is going to operate in such a manner that there will be more noise than when Honeywell was operating with untold cars coming and going each day The original motion made by Councilmember Haun, seconded by Councilmember Jacobs, passed 5-1 (Councilmember Sanger opposed) 8h First reading of ordinance relating to the need of the Board of Zoning Appeals to elect a secretary It was moved by Councilmember Young, seconded by Councilmember Jacobs, to approve first reading and set second reading for December 4, 1995 213 The motion passed 6-0. 8I Assessment for delinquent utilities and other costs due the City Resolution 95-167 It was moved by Councilmember Jacobs to adopt the resolution with respect to all of the delinquent fees and utility accounts with the exception of the Lundquist property The motion died for lack of a second It was moved by Councilmember Young, seconded by Councilmember Sanger, to adopt Resolution 95-167 entitled"Resolution levying assessment for delinquent water/sewer/refuse, tree removal/injection, grass/weed cutting and false alarms" Councilmember Jacobs said he had a problem with including Mr Lundquist in this resolution because of his questions of what caused his problem. He also wanted to revisit the ordinance, he did not have a problem with any of the other assessments included in the resolution Mayor Hanks said as he understood it from Mr Lundquist's earlier testimony that he did not have a problem with the facts, his concern was with the City Ordinance Councilmember Jacobs offered an amendment to the motion to have staff bring forward at a study session more information with respect to this ordinance, not this particular case, but how the ordinance should be applied. The motion passed 5-0-1 (Councilmember Latz) Councilmember Young asked that staff provide to Council at the study session some dollar costs to the average homeowner -what it would cost to add an insurance policy. 8j. Park Blvd Towers bond resolution Resolution 95-160 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-160 entitled "A resolution of the City Council of the City of St. Louis Park, MN (the"Issuer") amending and supplementing Resolution No 95-151 adopted November 6, 1995 authorizing the issuance, sale and delivery of the issuer's multifamily housing revenue refunding bonds (Park Boulevard Towers Project), Series 1995 and related actions " The motion passed 6-0 8k. Amendment to Municipal Code to delete termination clause It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve first reading and set second reading for December 4, 1995 214 , iCouncilmember Sanger had a problem with one of the conditions - on other City commissions, the Council does not dictate a term limit for one serving as chair This is left to the discretion of the commission members She did not see any reason why the ordinance should dictate how many terms the chair may serve Councilmember Young did not feel strongly one way or the other but felt the Neighborhood Revitalization Commission is a little different from other commissions in that it is quite a task to do what they are charged with doing, requinng a lot of energy, motivation to keep plugging away He felt after three years it might be a revitalization of the Neighborhood Revitalization Commission to give new leadership a chance Councilmember Jacobs agreed commenting moving the chair around will possibly create more diversity The motion passed 6-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a Approval of strategic planning process It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the process and direct formation of a Steering Committee The motion passed 6-0 9b Minutes Planning Commission November 1 9c. Minutes Housing Authority October 10 9d Minutes Board of Zoning Appeals October 26 9e. Minutes Cable TV Commission November 2 Councilmember Young referenced the request by Paragon Cable to a 6-year extension on their franchise in trade for upgrading their equipment He concurred with commissioner Joanne Murphy's objections to extending the franchise for this reason He just wanted to put the Council on alert for when this item comes up in the future It was moved by Councilmember Young, seconded by Councilmember Jacobs, to receive 9e for filing 9f October 1995 financial report By consent, items 9b, 9c, 9d, 9f ordered filed 215 UNFINISHED BUSINESS 10a. Boards and commissions - No business Mayor Hanks and Councilmember Jacobs wanted to emphasize how valuable discussions are with commission members whose terms are up Both felt they received significant input from these people in light of the fact Councilmembers are not usually available to attend commission meetings NEW BUSINESS 11 a 1996 liquor license renewals Mr Meyer said as of the time the report was printed, Council had been provided with information of which applications were incomplete This evening three of them have complete applications but the insurance forms have not been received Park Tavern, Shermer Specialties, Fuddruckers All three are in process and will be received shortly Council could approve this evening contingent upon receipt of full documentation or direct the items be brought back to a future Council meeting. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to authorize issuance of 1996 liquor licenses including Fuddruckers, Park Tavern and Shermer Specialties contingent upon receipt of full documentation on the last three establishments Mr Meyer noted Council had imposed a civil penalty on the Classic Cafe and the Council may wish to impose a condition that the license for 1996 not be issued until that penalty has been paid Ms Pace said it was her understanding the ordinance states any outstanding penalties or special assessments or taxes are due and payable But I would have to go back and check if that specifically covers civil penalties. Councilmember Jacobs concern was them not paying and then having the Council come back and somehow undo what they have done He would be more comfortable making it specific that any civil penalty imposed during the prior year's license be paid prior to the issuance of a new license for the following year and he wished to make that part of the motion which was agreeable with Councilmember Latz l lb Surface water management plan It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to authorize staff to sponsor an open house to receive public comments Councilmember Sanger noted the only form of notice would be publication in the Sailor and letters to the Watershed District She would hope that based on all the work the Task Force did 216 11 i l i ' on the water management program that members of that Task Force would be notified as well as any other interested residents who have been active in issues regarding water management. The motion passed 6-0 11c Purchase of granular activated carbon It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to designate Calgon Carbon as the lowest responsible bidder and authonze execution of a contract in the amount of $39,600 The motion passed 6-0 11d. Drug and alcohol testing policy for commercial drivers Resolution 95-163 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 95-163 entitled "Resolution establishing a policy for drug and alcohol testing of City of St. Louis Park employees who hold a commercial drivers license as a requirement of their job " The motion passed 6-0 11e. Gambling license exemption Church of Good Sheperd It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the license exemption and waive 30-day waiting period The motion passed 6-0 MISCELLANEOUS 12a. Damage claims Orrick, Janet & Bob By consent, claim referred to City Clerk and City Manager 12b Communications from the Mayor Mayor Hanks said Wed , Nov 29 would be the Truth in Taxation hearing at 7.30 p m. and a study session on Monday, November 27 Councilmember Young noted the reason for the hearing on Nov 29 was dictated by Truth in Taxation law which put the City last to select a date 12c Communications from the City Manager 217 Mr. Meyer said the notices for the hearing had been mailed and since no action is required, a quorum is not necessary. Councilmember Latz wanted to remind everyone to join the Oak Hill Neighborhood for the 7.00 lighting ceremony on Thursday, Nov 30. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13A Vendor claims By consent the list of vendor claims was approved and check authorized to be distributed in the appropriate amounts 14 Adjournment The meeting adjourned at 9:12 p.m 6J, #44-4-- L e Hanks, Mayor ai/ klIOAll-k\ I recording Secretary 1 218