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HomeMy WebLinkAbout1995/02/21 - ADMIN - Minutes - City Council - Regular MINUTES II CITY COUNCIL MEETING ST. LOUIS PARK, MN ;, February 21, 1995 1. Call to order Mayor Pro Tem Friedman 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, Ron Latz, Robert Young, Gail Dorfman and Allen Friedman. Also present were the City Manager(Mr. Meyer);Deputy City Attorney(Ms. Pace); Director of Community Development (Mr. Hagen); Director of Inspections (Mr. Petersen);Director of Public Works (Mr. Rardin). 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the February 6, 1995 City Council meeting with the following corrections: Ingbur should be spelled Ingber; in 6a paragraph 3, delete"...although she did not have a problem with this matter..."; item 9c, paragraph 3, add to Councilmember Latz's motion: include alternative land use component to economic impact analysis. The motion passed 6-0 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the February 13 study session. The motion passed 5-0-1 (Councilmember Young abstained). 5. Approval of agenda It was moved by Councilmember Latz, seconded by Councilmember Dorfman, to approve the consent agenda. The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to remove item 6c to the March 6, 1995 agenda and add item 8d. Keeping of non-domestic animals to this evening's agenda. The motion passed 6-0. 23 City Council meeting minutes February 21, 1995 PUBLIC HEARINGS 6a. Application of Jewish Community Center for temporary licenses(2) to sell intoxicating liquor. May 13 and July 8 There being no one wishing to speak, the Mayor Pro Tem 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 Latz, to authorize issuance of the licenses as requested. The motion passed 6-0. 6b. Zoning map amendment: R-4 Multiple Family Residential to C-Commercial at 1401 and 1405 Colorado Ave. Marvin Johnson, brother of the applicant, was present to answer questions. There being no one further wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to approve first reading, set second for March 6, 1995 and authorize summary publication. The motion passed 6-0. 6c. Item continued to March 6 agenda PETITIONS,REQUESTS, COMMUNICATIONS 7a. Appeal of variance denial: Sideyard setback(Steve Clausen.. 2720 Kipling Ave.Z Steve Clausen was present to answer questions. Robert Weil, 2731 Kipling, a neighbor, spoke in favor of the variance request. Mr. Clausen explained they were seeking an addition to their home of a kitchen and other areas. Basically the structure of the house does not allow an entrance without having to exit from the garage. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to reverse the decision by the Board of Zoning Appeals and grant the variance and that a resolution of findings be brought to the March 6 meeting. 24 City Council meeting minutes February 21, 1995 Councilmember Young asked for the rationale in overturning BOZA's decision Councilmember Dorfman asked if other alternatives had been explored. Mr. Clausen said the size of the garage would not allow both a car and steps necessary to get to floor grade. He said the next door neighbor, the Cleins, had no objection to the proposed construction. The motion passed 5-1 (Councilmember Young opposed). RESOLUTIONS AND ORDINANCES 8a. First reading of ordinance amending gambling ordinance: American Legion Mr. Meyer said the issue was that the Legion has had up to three permitees for licensed gambling Since the gambling ordinance was changed, some of those licensees have discontinued their operations. The Legion's concern is if the last organization licensed to do gambling presently also expires, they will be precluded from being able to conduct gambling. Currently there is a prohibition in the ordinance to conduct legal gambling within 200 feet of any residences, schools or houses of worship Those organizations already in place were grandfathered in but not to be replaced Two alternatives are presented- (1)to allow the Legion to have up to three premises permits for legalized gambling which is what they had in 1990; and (2)to allow them to have at least one licensee which they have today. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve first reading of the ordinance implementing Alternative A(retain 200 ft. prohibition and to allow the American Legion however many premises permits existed in 1990 when the ordinance went into effect to be grandfathered in at this time), set second for March 6, 1995 and authorize summary publication , The motion passed 4-1-1 (Councilmembers Jacobs, Haun, Latz, Dorfman in favor, Mayor Pro Tem Friedman opposed, Councilmember Young abstain). 8b. Second reading of ordinance amending the Zoning Ordinance: Treatment of bars It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to defer to March 6, 1995. The motion passed 6-0. Il 8c. Resolution releasing Letter of Credit: Monterey Park Resolution 95-17 25 City Council meeting minutes February 21, 1995 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 95-17 entitled"Resolution accepting public improvements for the Monterey Park Subdivision and releasing Letter of Credit." The motion passed 6-0. 8d. Second reading of ordinance relating to keeping of non-domestic animals Ordinance No 95-2021 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 95-2021 entitled"An ordinance amending the St. Louis Park Municipal Code related to the keeping of non-domesticated animals." The motion passed 6-0. REPORTS FROM OFFICERS,BOARDS, COMMITTEES 9a. Honeywell Comprehensive Plan amendment: Impact analysis and traffic consultant Mayor Pro Tem Friedman recalled that the previous motion made by him when he was sitting as a Councilmember, not Mayor Pro Tem, was to solicit proposals from consultants for an economic impact analysis of the proposed use and for alternative uses on the neighborhood and community retail centers. Mr. Meyer said what was before Council this evening was two parts: (1)the traffic consultant which was discussed at the February 6 Council meeting at which time no action was taken to move forward with the traffic consultant to review the plans prepared by Ryan for the Honeywell site; and (2) proposals to evaluate the impact of the proposed use of the Honeywell site for retail. The proposals staff received today are to do the evaluation of the impact of the proposed development but do not specifically include developing of alternative land uses other than that proposed by Ryan. Mayor Pro Tem asked why the element of alternative uses was not included in the proposals before Council. Mr. Meyer responded that when staff began to prepare the Request for Proposals to do this work, there was conversation with the consultants about their ability to meet the timetable as set forth, and what staff discovered was that the consultants didn't feel as though they could really do the alternative uses element and do it in the timeframe set forth. Discussion was held with the Council to deal with that problem at the February 13 study session about the approach that should be taken in order to address the issue of alternative land uses. The consensus at the study session was in terms of the formal proposal that was to go out for the economic impact analysis to limit that 26 City Council meeting minutes i'Il'l February 21, 1995 I,! portion of it to doing the impact analysis on the proposal that was before the Council, and that for looking at alternative uses, that staff should continue to have discussion with Ryan Development and evaluate some alternative uses in that context but not to give that over to the consultant if we couldn't get it done in a timeframe that was outlined by the Council. Mayor Pro Tern Friedman relinquished his seat and asked Councilmember Haun to sit for him as he might want to make a motion and didn't feel it was appropriate for the Chair to do so.. He didn't not feel it was right for the Chair to take part in this discussion. Councilmember Haun agreed and sat as Mayor Pro Tern. Councilmember Friedman asked the City Attorney if it were legal or within the context of the Charter for the Council to take action at a study session. Is it legal or proper for staff to follow direction taken at a study session instead of the motion as made at the Council meeting. Ms. Pace responded since at a study session there is an indication of what the consensus of Council would like staff to follow, they can't deliberately act inconsistent with that. In that case, it would need to go to the Council for direction on specifically what they want to do -- if there were not clear indication. Councilmember Friedman said with the motion as it appeared in the February 6 minutes and then the report going out asking for the consultant based on discussion at a study session, which prevailed. Ms. Pace said the minutes of the City Council meeting and of the study session appear inconsistent. The way she would interpret the minutes of the Council meeting is that Councilmember Friedman made a motion to look at the economic impact on the area and what alternative uses are feasible for the area in conjunction with what is being proposed. She understood that motion passed and she would therefore assume what is coming back for Council action is a proposal that would consider both--the economic impact and alternative uses element. Councilmember Friedman said the RFPs received from the consultants do not contain both. Mr. Meyer said that was true. Councilmember Friedman felt it proper his colleagues could have a different opinion at a different time. However, he did not agree with the circumvention of proper procedure. In light of this and the fact it couldn't be done on time, he moved that staff bring a report on alternative uses not in concert with working with the developer. He asked that be given to the Council by Mr. Hagen as well as being shared with the potential developer and to ascertain if the Council would be willing to look at something else. What he would like to see is if it's feasible for the neighborhood to be buffered on the western side of the Honeywell site with some high grade townhouses such as the condos one can see north of I-394 27 City Council meeting minutes February 21, 1995 called Laurel Hill. He said he had some discussion with Ryan who is doing some work on this to see if this is feasible Councilmember Dorfman seconded the motion and added that her interpretation of what transpired at the study session was that the intent was not to go against what the Council had done at the Feb 6 meeting, rather to divide it into two pieces, i.e. proceed with half of the study and still look at alternatives later It was her interpretation that it didn't have to be done at exactly the same time with the same consulting firm. Councilmember Jacobs would go along with what Councilmember Friedman outlined as long as it doesn't present a catastrophic problem for the developer. He also wanted to point out at the study session it was discussed if the larger, boader scale economic impact analysis was done it would probably throw an insurmountable hurdle in front of the developer on this particular project and Council didn't want to do that. He noted that it was the City Manager who pointed out the inconsistency in what was discussed at the study session vs. what the Council passed on Feb. 6 asking if they were sure they wanted to do that His question to Ryan at this point was this going to be insurmountable for them. Bill McHale, Ryan Construction, said he was, as Councilmember Friedman noted, doing so 111 research on some housing. Since he hasn't seen it, he can't respond to the comment about information that Mr. Hagen has. He said he was led to believe that the RFPs were to come forward today and that in discussing the timeline, several Councilmembers said they would be for it if it could be done within a certain period of time. He said staff was recommending two of the consultants, both of whom are good, legitimate companies, both willing to complete the study within the timeline. He would be happy to do any other research as may be requested. Ms. Pace wanted to clarify that what Council was dealing with was a proposed amendment to the Comprehensive Plan which is a legislative decision of the Council based on policies as set forth in the Comp Plan. With respect to a timetable, it was her understanding the project cannot move forward unless there is such an amendment. She felt in Council's legislative capacity, whether or not they choose to amend the Comp Plan, their analysis and consideration of that should not be constrained by some arbitrary timetable that is not in the context of a permitted with conditions use. She wouldn't be as concerned about the timetable, albeit the developer is, as making a decision that gives Council the information it needs based on what the consultants may provide to decide if it is in the best interests to amend the Comp Plan. Councilmember Friedman said his interest here is firstly as the Ward Councilmember he wanted to make sure the City gets the best possible development on this property. He was sensitive to timetables for developers; on the other hand, timetables for residents who have bought property, owned property and live there is fully as important. Consequently, his feeling was that he would 28 like to work within the timetable of the developer, but only as long as it doesn't negate the rights 11� of the citizens in that area who already have property and have elected members to the Council City Council meeting minutes 11 February 21, 1995 He felt Ryan was a good developer, but the question is can the City have a better plan for the property which may not be all that Ryan wants or wants to do there. Maybe the City and developer will both have to give up something so that in the long run everybody has something of which they can be proud. Roxanne Savdee, 2110 Ridge Dr. and Gary Bersheid, 1604 Blackstone expressed their concerns about the potential retail and Cedar Lake Rd. traffic as well as increased traffic through the neighborhood. Councilmember Haun said the options are somewhat limited because of zoning and there aren't a lot of choices because of the City's Comp Plan. Councilmember Latz said the proposed study would address such concerns. Councilmembers Dorfman and Young noted the traffic impact study would address the concerns expressed by the residents including a recommendation for a signal at Cedar Lake Rd. and Zarthan. 111 Councilmember Haun suggested three separate motions would be helpful in clarifying Council's direction. Councilmember Dorfman commented that the consultants can meet the timeframe that Ryan would like to see the City meet and she asked Mr. Hagen how long it would take to have a report before the Council in terms of looking at alternatives. Mr. Hagen responded that staff could provide basic information on the concept of mixed use development. To adequately identify alternative uses for the site would take approximately a month. Councilmember Friedman would like the Council to be exposed to a mixed use development. If he could get that out to the Council by next week so they can see what these kinds of developments look like, then decisions can be made as to whether or not they want to go further. The motion on the table, made by Councilmember Friedman, seconded by Councilmember Dorfman, passed 6-0. Mr. Meyer noted that on the traffic consultant item, a proposal was brought to the Council on Feb. 6 with a specific recommendation to use Boonestroo, Rosene, Anderlik Assoc. Their proposal included doing the traffic analysis as well as the alternative item Council had asked be in there which was the impact of the eastbound third lane on I-394 and their total for doing both of those pieces was $3300. 29 City Council meeting minutes February 21, 1995 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs to award the contract for services as described by Mr. Meyer to Boonestroo, Rosene, Anderlik Assoc. Councilmember Latz said Council had received a letter from one of the other bidders that outlined what they felt were some miscalculations by City staff re the cost which would have affected who would have been the low bidder. He asked if staff had had an opportunity to review that letter to check the figures to determine if Boonestroo was the lowest responsible bidder. Mr. Hagen said the issue raised by one of the bidders, Benshoof, was that staff had indicated the rate for the second person involved in the study would be $80/hr where actually it was $55/hr. They were making the argument that the average rate for their firm would be less than the average rate of the low bidder. Benshoof indicated it would take more hours to do the study, so even though the rate was lower per hour on the average, we were looking at a much higher cost for the total engagement. Staff continued to recommend award of the contract to Boonestroo. In answer to a question from Councilmember Latz, Mr. Hagen said he felt was satisfied Boonestro can provide the professional services the City was seeking but would qualify it by saying that in review of studies like this, there is always a possibility that the number of hours would exceed what is contained in the proposal and that was why they asked for an hourly rate. The motion passed 6-0. Mr. Meyer said the third item, put together in fairly short order, brought forth four proposals which Mr. Hagen has evaluated indicating the firms submitting proposals to do the economic impact analysis and stating staff is most comfortable with two of the firms, the McComb Group and Economic Research Corp. The more significant difference separating the two groups is that the two recommended to Council have stronger planning components in addition to the planning component. He felt either firm would be very capable of doing the work. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to accept the proposal of Economic Research. The motion passed 6-0. Councilmember Haun hoped the City would continue its talks with Ryan in order to bring it to a conclusion. Councilmember Friedman asked for clarification. that Ryan does pay for the traffic study and how about the other one. 30 City Council meeting minutes February 21, 1995 Mr. Meyer said the Zoning Ordinance provides that the developer is responsible for paying for the costs necessary to evaluate the application. Staff considers both the traffic study and economic impact study to be associated with reviewing the development proposal. Ms. Pace said her office had reviewed that question in the context of an application for a land use issue, not in the context of a Comp Plan amendment, two separate issues. She felt that in the application for a Conditional Use Permit, the fees can be passed on. Taking a moment to research, she found fees can be passed on for development proposals, conditional use permits, Comprehensive Plan amendments, zoning amendments and enforcement Mr. Friedman's knew there was some concern as to whether the developer feels comfortable with the consultants. He was only concerned that the public might wonder why this was being done. Councilmember Latz felt if both of the consultants were acceptable to Ryan, it was not likely the City would be challenged at the end of the analysis on the basis that the consultant was incompetent. Mr. McHale referenced the traffic study noting part of the$3300 fee would be the City's as he was not quite sure why Ryan would be studying I-394/Penn. In response, Mr. Meyer said staff does believe the impact of the traffic eastbound on I-394 does have an impact. There is an overlay ordiance covering this whole area and staff believes the whole analysis of the traffic is subject to an Indirect Source Permit review on pollution impacts and the intersection of I-394/Park Place/Xenia is part of the consideration. He didn't believe the impact of the lane on I-394 was unrelated to this project. 9b. Minutes: Housing Authority. January 10 9c. Minutes: Neighborhood Revitalization Commission, January 11 9d. Minutes Planning Commission. February 1 9e. Minutes: Parks and Recreation Commission, January 11 9f. Minutes- Board of Zoning Appeals minutes. January 26 9g. Parks and Recreation Commission 1994 annual report 9h. January 1995 monthly financial report 31 By consent, items 9b-9h received for filing City Council meeting minutes February 21, 1995 UNFINISHED BUSINESS No business. NEW BUSINESS 11a. Contract extension: Quantera Environmental Services for laboratory services in re Reilly Tar& Chemical Consent Decree It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to authorize execution of contract extension with Quantera. The motion passed 6-0. 11b. Bid tabulation: Purchase of pickups and trucks Councilmember Dorfman noted the low bidder was Midway with the exception of the 2 1-ton pickups which nobody bid on. She asked if Midway was given an opportunity to bid on the 3/4- ton pickup. Mr. Meyer said the specs were written the same way and it was the two bids from Superior and Tousley that ended up taking an exception. Midway could have taken exception but apparently choose not to. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to authorize the purchase as recommended by staff. The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Debra Sands; Alvin Walder; Raymond Traylor; Joel Virtue By consent, claims referred to City Clerk and City Manager. 12b Communications from Mayor Pro Tem No communications. 32 12c. Communications from the City Manager City Council meeting minutes February 21, 1995 Mr. Meyer introduced Mike Rardin, new Director of Public Works. He gave a brief update on the Remodeling Fair held February 19. 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: $976,177.74 and payroll claims $31,884.85. 14. Adjournment The meeting adjourned at 9:00 p.m. Mayor Pro Tem Friedman ecording Secretary 33