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HomeMy WebLinkAbout1995/11/06 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA November 6, 1995 1. Call to Order Mayor Hanks called the meeting to order at 7:34 p.m. 2. Presentations 3 Roll Call The following Council members were present at roll call: Jeff Jacobs, George Haun, Robert Young and Lyle Hanks. Council members Sue Sanger, Ron Latz and Gail Dorfman arrived while the meeting was in session as they had attended a memorial service for former Israel Prime Minister Rabin. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Sheehy); Assistant to the City Manager(Mr. Wysopal); Director of Community Development(Mr. Harmening);Director of Public Works(Mr. Rardin); Director of Finance(Ms. McBride); Director of Inspections(Mr. Petersen);Zoning Administrator(Mr. Moore); and Police Lt. Sewall; Economic Development Coordinator(Mr. Anderson) and Planning Coordinator (Ms. Jeremiah). 4. Approval of minutes (Minutes approved after item 8h when sufficient Council members were present). a. - City Council meeting October 16—It was moved by Council member Jacobs, seconded by Council member Dorfman, to approve with the following change: Page 191, item 8I, motion made by Young, seconded by Sanger. The motion passed 6-0. b. - City Council study session October 23 —It was moved by Council member Jacobs, seconded by Council member Dorfman, to approve. The motion passed 6-0, c. - Administrative hearing October 30—It was moved by Council member Dorfman, seconded by Council member Young to approve. The motion passed 4-0-2 (Council members Haun and Jacobs abstained. 193 . 5 Approval of agenda It was moved by Council member Haun, seconded by Council member Jacobs, to approve the consent agenda for November 6. The motion passed 4-0. It was moved by Council member Jacobs, seconded by Council member Haun, to approve the agenda for November 6 with the following addition: Item 6d. Final resolution on issuance of multifamily housing revenue bonds as modified; and to remove 8I. Minor amendment to Conditional Use Permit for Park Glen Townhomes. The motion passed 4-0 PUBLIC HEARINGS 6a. Application of B A.A. Inc. (dba Shermer Specialties) for an intoxicating liquor license at"27 West" . 7600 27th St. W Mark Slaypack, Buffalo Grove, Illinois, was present to answer any questions. The applicant wishes to sell wine/beer to consumers in a relative unconventional manner, to wit, they so not wish people to know the whereabouts of their premises;they do not encourage walk-in traffic; they will be training wine consultants to present specialty imported wines to interested consumers. Council member Jacobs asked where sales will occur. Mr. Slaypack responded that once consumers or businesses are identified, the wine consultants will visit them at their homes or businesses allowing them to sample and thereafter take orders to be processed at the 27th St. location. 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. Council member Jacobs asked if the City's Licensing Ordinance speaks to where sales occur. Are there any ordinance distinctions in establishments that customers will infrequently visit. His concern was that liquor be sold to the appropriate people. Mr. Sheehy responded an analogy might be a Haskell's which would take orders and then deliver. His office has not looked at this in terms of point-of-sale. Mr. Meyer said if the business would to operate in the traditional sense, i.e., walk-in, retail establishment, the location requested is properly zoned to allow that to occur. He was not quite sure about enforcement if the sale does not occur on the premises. Council member Haun was concerned about the possible sale to someone who might then deliver it to a minor/s. I 194 In answer to this question, Mr. Slaypack responded that their average case of wine retails from S150-$250. He said they were very sensitive to the age issue. The act of consummating the sale —Federal law as well as most states they operate in— states that alcoholic beverages offered for sale from a licensed premises and/or dispatch sales persons, one is consummating a sale at that point. For the most part, sales are not consummated until sales personnel/wine consultants return to the office, write an order, accept money and place the order. Council member Haun felt that, based on what Mr. Slaypack said, that sufficient controls were in place due to the fact their records would show purchases and deliveries. Mr. Meyer said police officers had visited the site in Illinois, for which the City was reimbursed, and that a thorough review had been completed on the operation. It was moved by Council member Jacobs, seconded by Council member Haun, to approve the application. The motion passed 4-0 6b. Amendment to Zoning Ordinance: Land use designation for nursing home 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 Council member Haun, seconded by Council member Jacobs, to approve first reading and set second reading for November 20,1995 The motion passed 4-0. 6c. Time Extension: Moratorium on Adult-Oriented Business 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. Council member Haun hoped that staff could receive all the additional information needed during the 6-month extension to bring final results to this on-going matter. It was moved by Council member Haun, seconded by Council member Jacobs, to approve first reading and set second reading for November 20, 1995. The motion passed 4-0. 195 6d. Parkshore Place refunding bonds Resolution 95-151 Mike Gould, applicant, was present to answer questions. He anticipated refunding to be III completed before the end of the year. 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 sate. It was moved by Council member Haun, seconded by Council member Jacobs, to adopt Resolution 95-151 entitled"Resolution giving preliminary approval to a project and its refinancing; authorizing preparation of necessary documents." The motion passed 6-0 PETITIONS,REQUESTS, COMMUNICATIONS 7a. Variance appeal: 4141 Webster Ave. Kathy Wecker, 4141 Webster Ave., was the party seeking a variance to place a front porch on her house. She said it would come within only 6-8" of her next door neighbor's house on one side, it would face Brookside Community Center on another, and her neighbor at 4145 Webster who was present to speak. She said there were a number of other homes on the street not meeting current setback requirements. She presented a petition from her block supporting her request. She said the conditions could be met if she chose to put a deck on instead of a porch, but she was not interested in having a deck in the front of her house. Mark Wecker, applicant's brother-in-law, spoke in favor of Ms. Wecker's request. Larry Bakes, 4145 Webster, had no problem with the proposed porch and had no objection. Tim Hinie, 4130 Webster, said the front of Ms. Wecker's house is in need of improvement and he was all for it. Council member Haun acknowledged BOZA had rendered the decision it had to under its authority, but he believed that when people wish to improve their properties, especially with the amenity of a front porch, he would go along with it. It was moved by Council member Haun, seconded by Council member Jacobs, to authorize preparation of a resolution of approval and bring back to the November 20 meeting. I 196 Council member Young, when a member of BOZA, usually voted for denial of variances; however, in this present case, he would support it as it appeared no one's view will be obstructed which is always a concern of BOZA in hearing such cases. The motion passed 4-0. RESOLUTIONS AND ORDINANCES 8a. Agreement for 1995 audit services Resolution 95-152 It was moved by Council member Jacobs, seconded by Council member Haun, to adopt Resolution 95-152 entitled"Resolution to retain Tautges, Redpath& Co., Ltd. for 1995 audit services." The motion passed 4-0. 8b. First reading of ordinance setting 1996 water/sewer rates Mr. Meyer, in response to a question from Mayor Hanks, said the intent here was twofold: the expenses incurred by the City for sewer charges are actually what the City pays to the Metropolitan Sewer System to, in effect, rent space in the metropolitan system part of which is the maintenance and redevelopment of the pipe system underground necessitating the City maintain reserves to avoid indebtedness. It was moved by Council member Haun, seconded by Council member Jacobs, to approve first reading and set second reading for November 20. - The motion passed 4-0. 8c. Resolution establishing procedures for complying with IRS regulations relating to od Resolution 95-153 It was moved by Council member Jacobs, seconded by Council member Young, to adopt Resolution 95-153 entitled"Resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code." The motion passed 4-0. 197 8d. First reading of Ordinance Code amendment relating to does and cats It was moved by Council member Young, seconded by Council member Haun to approve first reading, set second for November 20, 1995. Council member Young noted this represents a tightening up of the City's procedures such as charges, boarding fees, providing quicker response to citizen concerns and problems with regard to dogs and cats in their neighborhoods. Cats will still not have to be licensed or leashed. The motion passed 4-0. 8e. Second reading of ordinance re gas station licensing Ordinance No. 95-2044 It was moved by Council member Jacobs, seconded by Council member Haun, to adopt Ordinance No. 95-2044'entitled"An ordinance relating to license fees: Amending Sections 13-1301, 13-1311, 13-1312, 13-1313 and 13-1314. The motion passed 4-0. 3 8f. First reading of ordinance re theater licensing It was moved by Council member Jacobs, seconded by Council member Haun, to approve first reading and set second reading for November 20, 1995 The motion passed 4-0. 8g. Resolution: Livable Communities Resolution 95-154 Mayor Hanks asked, since the City exceeds the benchmarks as regards housing requirements, would the City be able to look at"other types of things" in housing rather than problems such as the outer ring suburbs have. Mr. Meyer said to the extent one looks at the benchmark system focused to some extent on creating affordable housing, this is not an issue for St. Louis Park because the City has an adequate or more than adequate supply already. Therefore, the City does have the opportunity to look at other housing needs and incorporate them into the housing plan. It was moved by Council member Jacobs, seconded by Council member Young, to adopt Resolution 95-154 entitled"Resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act." The motion passed 4-0. 198 8h. Environmental Assessment Worksheet: Honeywell Ii ! Gary Berschied, 1604 Blackstone Ave., addressed Council. He discussed various 1, inconsistencies he observed as he read through the EAW. I Council member Haun commended Mr. Berschied for his research of the report. He alluded to his involvement in the Reilly Tar and Chemical matter some years back and the magnitude of the environmental problems then as compared to the Honeywell site. He was sure inconsistencies would be found, the concern being what is to be done with them. He felt part of the PUD process, no matter who ends up developing the property, will be to address any and all environmental concerns as they arise. It was moved by Council member Haun, seconded by Council member Jacobs, to authorize preparation of a resolution for consideration at the November 20 meeting. Council member Dorfman arrived. Council member Jacobs asked staff what was meant in its report by"mitigating measures." Ms. Jeremiah some of the mitigating measures proposed relate to the demolition of the Honeywell and construction process, whereas others have to do with long-term operations of the use. For example during demolition and construction, it is suggested the hours that could take place be limited. Also, potentially it would be required that the east end of the building be taken down first so that the western wall would act as a noise barrier. The motion passed 5-0. Council member Sanger arrived. 8I. Removed from agenda 8j. Resolution of findings: Liquor license violation at Classic Cafe Resolution 95-155 It was moved by Council member Young, seconded by Council member Dorfman, to adopt Resolution 95-155 entitled"A resolution determining that the Classic Cafe has violated Minnesota Statutes Section 340A.503, Sub. 1(a)(1)and St. Louis Park Ordinance Code Section 13-115 pertaining to sales of intoxicating alcohol to minors and imposing a civil penalty for each violation." Council member Latz arrived. Council member Sanger asked if clarification were needed re when the penalties need to be paid and what is the consequence for failure to pay on a timely basis. 199 • Mr. Sheehy said the practice has been that a new yearly license may not be issued until any outstanding penalties are paid in full. Council member Haun suggested the City police department do some work with establishments having problems with individuals trying to pass false ID in trying to find a way to stop the use of false ID Council member Jacobs was concerned what the City could do that is within its control, obviously State Statutes are not. He felt that should this type of violation come up in the future can some way be figured out to eliminate holding penalties, etc. in abeyance over any owner's head as it doesn't seem to be working. The motion passed 4-2-1 (Hanks, Jacobs opposed; Haun abstained). REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9A. 1995-1999 Capital Improvement Program Resolution 95-156; It was moved by Council member Jacobs, seconded by Council member Dorfinan, to adopt Resolution 95-156 entitled"Resolution approving 1995-1999 Capital Improvement Program." Council member Latz noted that the improvement of Louisiana Ave./Walker is not slated until after 1996. He asked for clarification whether or not that refers to any kind of interim 111 solution, some sort of temporary setup that can alleviate the risks at that intersection or whether staff was making reference to a more permanent solution.. Mr. Meyer said it was not possible to design and construct during the 1996 season. The alternative of a temporary solution was looked at but were concerned the cost of a temporary solution might be most of the cost of a permanent improvement. Council member Latz asked if any background has been completed on the accident history at that intersection. Mr. Rardin responded a brief preliminary observation has been done, not a detailed study. Staff is aware that based on the traffic volumes at that intersection, a signal system would meet warrants. Council member Latz was afraid more serious problems were on the horizon at this intersection if something isn't done quickly and that moving along is needed even if it means spending some short-term money for a temporary solution. He'd like to see some numbers re what possible interim solutions there might be. 200 Mayor Hanks thought one solution is closing the median so people can't cross Louisiana ill Ave. But he was not in favor of spending the kind of money that would be spent for a permanent signal at this time. Council member said there were two items she did not see in the program: should money be included for the potential traffic light at Zarthan and Cedar Lake Rd.; and in the event Blackstone Park is to be relocated, should separate funding be put in the program. Mr. Meyer said staff is moving ahead with the potential relocation of Blackstone Park. There might potentially be a deal with NSP whose property is right there so it may not arise to the level of a capital project. Mr. Rardin said the Zarthan traffic signal is incorporated into the Cedar Lake Road plan, it's not a separate element. Also Blackstone Park is in the 1996 CIP. The motion passed 7-0. 9b. City Engineer's report: Reconstruction of Cedar Lake Road.. Jersey Ave. to Park Place Blvd.. Phase II. Project No. 90-51 Resolution 95-157. 95-158 Council member Young asked if Council will have an opportunity to consider other contractors for Phase II than the current one for Phase I as well as the project management firm. Mayor Hanks said the City would have to go through the bidding process but might find reasons not to accept the bid if it is low. Mr. Sheehy stated the City has the discretion to choose the lowest responsible bidder and that discretion can be exercised at the time the bids come in. Mayor Hanks asked if a Task Force has been put together for this Phase. Council member Young said the original Task Force oversees this Phase as well. It was moved by Council member Young, seconded by Council member Jacobs to adopt Resolution 95-157 entitled"Resolution accepting the City Engineer's report, ordering Improvement Project 90-51 Phase II, approving plans and specifications and authorizing advertisement for bids for Improvement 90-51, Phase II." The motion passed 7-0 It was moved by Council member Young, seconded by Council member Jacobs, to adopt Resolution 95-158 entitled"Resolution authorizing the acquisition of certain properties by purchase or eminent domain." 201 The motion passed 7-0. 9c. Revision of Board of Zoning Appeals By-laws It was moved by Council member Young, seconded by Council member Jacobs, to approve the amendment. The motion passed 7-0. 9d. Minutes: Planning Commission October 11 9e. Minutes: Planning Commission October 18 9E Minutes: Cable TV Commission October 26 9g. Mfinutes: Board of Zoning Appeals August 24 9h. Minutes: Human Rights Commission October 18 9I. Mfinutes: Neighborhood Revitalization Commission October 11 By consent, items 9d-9i ordered filed. UNFINISHED BUSINESSII 10a. Boards and commissions . It was moved by Council member Sanger, seconded by Council member Jacobs, to appoint Bill Gazzy to the Housing Authority. The motion passed 7-0. NEW BUSINESS 11a. Canvass of November 7. 1995 election returns It was moved by Council member Jacobs, seconded by Council member Haun, to schedule a special meeting on Monday,November 13, 1995 to canvass the November 7 election returns. The motion passed 7-0. I 202 MISCELLANEOUS 12a. Damage claims-None 'I 12b. Communications from the Mayor I Mayor Hanks announced that this was the last meeting Attorney Lee Sheehy will be attending . Mr. Sheehy has been named Deputy Attorney General for the State of Minnesota. He expressed his and the Council's appreciation for his long-standing commitment to the City. Mr. Sheehy thanks the Mayor for his remarks. 12c. Communications from the City Manager Mr. Meyer noted that all households in St. Louis Park this week received the Vision St. Louis Park report. As this report is a distillation of the very large full report, anyone wishing to review that should contact City staff. Following up on the Mayor's comments, he also extended his thanks to Mr. Sheehy for his many years of work with the City, the last 2 1/2 with him. He acknowledged his professionalism, his commitment and his assistance with all staff members as he charted them through sometimes very difficult items. He said Mr. Sheehy will very much be missed and wished him the best in his new position. Council members Jacobs and Haun echoed the sentiments of Mayor Hanks and Mr. Meyer. Council member Dorfman wanted to say that the Vision St. Louis Park report is not the end of a process but the beginning and she hoped that all would take it seriously, read through it and offer their input for implementation of the recommendations. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated November 6, 1995 was approved and funds authorized to be distributed in the following amounts: Vendor claims: $808,702.60 and payroll claims $21,766.73. 203 13b. Contract payments - Partial 1. Tolz, King, Duvall, Anderson-engineering services. Amount: $983.44 2. Ettel&Franz Roofing Co. -reroofing. Amount: $40,976.35 3. Twin City Electric -utility controls. Amount: $168,716.63 4. C. S. McCrossan Construction-Cedar Lake Rd. Amount: $326,281.47 5. Hardrives, Inc. -grading, paving, reconstruction. Amount: $138,702.79 6 Ridgedale Electric -lighting improvements. Amount: $27,045 12 7. Friedges Landscaping- landscaping. Amount: $93,409.17 8. Progressive Contractors- alley paving, random repair. Amount: $72,437.68 9 Thomas& Sons Construction-traffic controls. Amount: $46,245.76 10. Northwest Asphalt -Ford Road Construction. Amount: $129,803.09 By consent, partial payments approved and funds authorized to be disbursed. 14. Adjournment The meeting adjourned at 9.30 p.m. on a tion by Council member Jacobs, seconded by �-- Council member Haun. 0 AL04-. or Hanks 1 204