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HomeMy WebLinkAbout1995/02/06 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING li ST. LOUIS PARK, MINNESOTA ii February 6, 1995 1. Call to order Mayor Hanks called the meeting to order at 8.00 p.m. 2 Presentations Mayor Hanks noted a proclamation has been prepared and will be mailed to,Don Rye, former Planning Supervisor, who is now employed in Prior Lake and unable to attend a Council meeting to receive it 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), City Attorney (Mr Sheehy); Director of Community Development (Mr Hagen), Acting Public Works Director(Mr. Moore), Police Chief (Mr. Mitchell); and Asst to the City Manager(Mr. Larson) 4. Approval of minutes It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the minutes of the January 17, 1995 meeting with the addition that the City Attorney, Mr Sheehy, was present The motion passed 6-0-1 (Mayor Hanks abstained) 5 Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for February 6, 1995 with the notation that in item *9i Charter Commission minutes, the Commission had asked to meet with the City Council before moving forward on bid limits The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for February 6, 1995 13 City Council meeting minutes February 6, 1995 The motion passed 7-0. PUBLIC HEARINGS 6a. Amendment to Zoning Ordinance. Treatment of bars 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 Haun, seconded by Councilmember Jacobs, to approve first reading, set second for February 21, 1995 and authorize summary publication Councilmember Dorfman said she could not in good conscience support a Zoning Ordinance amendment change that she does not feel is in the best interests of the City or good public policy She felt it Council's responsibility to do what it can to minimize the number of drunk drivers on City streets and supported the original amortization proposal. Mayor Hanks said he would agree except that the Zoning Ordinance now prohibits any other such establishments (serving liquor but not food) to locate in the City Councilmember Friedman asked the City Attorney if there were any change on the legal position as to whether or not the City was on good ground in re amortization Mr. Sheehy said they did not believe there have been any fundamental changes in decisions relating to amortization that would affect the policy decisions made by the Council some time ago Mr Hagen directed Council's attention to excerpts of the Planning Commission minutes of December 7, 1994 wherein Deputy City Attorney Pace addressed that issue. Councilmember Friedman asked to be enlightened on why the Council is now being asked to change from amortization to an amendment to the Zoning Ordinance Mr Hanks felt that &f there were a detrimental effect from Al's Liquors, this would not be proposed He noted there were several other problem areas in the City for which amortization was appropriate. Mr. Meyer said that although he was not here during the discussion when the decision was reached to amortize, it was his understanding that the Council's consideration was that those uses in the City that had the most adverse, secondary impact in surrounding neighborhoods were found City Council meeting minutes 14 February 6, 1995 1 onerous enough to be amortized. In Mr. Payne's application, he made an argument to the 111 Planning Commission which was persuasive in that the perceived impacts of a bar without food (number and types of police calls) had in fact not materialized. Councilmember Friedman questioned the consistency and logic of this action wherein one particular stand-alone bar can remain but no others can be licensed Mayor Hanks offered a historical perspective on this matter wherein some number of years ago when the City had fewer bars and in an effort to encourage development, a Council decided not to allow just taverns in but establishments that served food on plates He said that speaking only for himself the Council was going to amortize things not to be allowed into the new Zoning Ordinance. Then the Council wondered if residents want to pay the cost of amortization unless there is a real problem to them In Al's situation, the neighborhood right behind it have not had complaints in the past 10-15 years Councilmember Haun said Al's was in his Ward and he's worked diligently with Mr. Payne and the neighborhood to resolve any problems He felt the reason it was not amortized was because the neighborhood felt any sale of that property would be negated. Also a park land has been developed just below Al's and the long-standing policy in the neighborhood has been amicable because of the relationship between Mr. Payne and the neighborhood. Regarding consistency, he felt the Council was not always consistent Councilmember Jacobs recalled that when he was on the Zoning Ordinance Task Force and amortization of non-conforming uses was discussed, there was a distinction between an existing use and someone wanting to open a new one He thought the concern that was raised was that there was an insufficient distinction between a free-standing tavern like Al's vs. other establishments in town insofar as the secondary impact they may have on whatever the Council felt was a deleterious effect on the health, safety and welfare of the citizens Councilmember Young recalled discussion at a Planning Commission meeting on this item when staff was asked why there was a requested change to amortization Staff replied that the original supposition was that a bar without food was going to create problems that a bar with food would not, and there has been no evidence to show that that was true Given that and that the neighborhood association has spoken in favor of Al's, it made sense to him to revisit the issue rather than put it through an onerous amortization process The motion passed 5-2 (Councilmembers Dorfman and Friedman opposed) 6b. Amendment to Zoning Ordinance Permit motor vehicle service repair as a principal land use in C-1 District 15 City Council meeting minutes February 6, 1995 Councilmember Friedman was concerned if this is allowed to happen, other services may be able to go in of which the Council might not approve He'd like to look at it more closely before voting and that it be put on a study session It was moved by Councilmember Friedman, seconded by Councilmember Dorfman to continue the hearing to March 6, 1995 and place on an upcoming study session. Mayor Hanks asked staff for the definition of a full service gas station The motion passed 7-0 6c. Conditional Use Permit 5,000 cu yds of fill• Halley's Custom Homes, 3900 and 3904 Cedar Lake Rd/France Ave. A number of people addressed this item, the following voicing opposition to the Conditional Use Permit David Sherman, Roger Aiken, Susu Jeffrey, Larry Miller, Harlan Sapersteen, Greg Fraley, Bert Gross, John McLaughlin, Lynn Levine, Judith Ingber, Steve Brett, Heidi Novak, Judy Calm and John Grzybek Speaking for the proposal were Steve Keefe, Bruce Trap and Dennis Troyen, attorney for Mr Halley Mr. Troyen explained in detail what the proposal is. III One of the main issues is the impact of construction on the surrounding wetlands. Mr. Troyen said his client does not believe the addition of two houses is going to have significant impact on the wetlands Councilmember Friedman said that after his viewing the property and reviewing all the various materials provided to Council, he felt there were unanswered questions which needed to be answered before he could cast his vote He asked if it were correct that a completed application from the applicant has not been received. Mr Meyer said staff felt certain aspects of the application have not been adequately completed It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to continue the public hearing, deferring action until a completed application is received and reviewed and that the Minnehaha Creek Watershed District has given preliminary approval. In answer to a question from Councilmember Dorfman about the potential sale of Lot K, Mr. Hagen said there was representation in a letter from Mr. Halley that Lot K would be sold to the City He said staff had not responded to the proposed sale either orally or in writing The motion passed 6-1 (Councilmember Young opposed). 16 11 City Council meeting minutes February 6, 1995 In answer to auestion from Mayor Hanks, Mr Hagen said the Minnehaha Creek Watershed q Y g District has indicated they will take a look at the project. Councilmember Friedman felt this was not the City's project but the developer's project and it is up to the developer to submit a completed application and to apply to the watershed district Mayor Hanks was concerned that the people present are informed as to when the hearing is continued Mr Hagen said he would provide a signup sheet in the lobby for interested persons. It was moved by Councilmember Dorfman, seconded by Councilmember Latz, to direct staff to begin negotiations with Mr Halley to look at the financial feasibility of the City purchasing Lot K. Councilmember Friedman felt that looking at the purchase of Lot K was premature and that the City has an obligation, anytime it purchases land, that there is a specific need of it being part of a park plan or some plan Councilmember Jacobs concurred and also wondered if this was something for which public money ought to be expended Councilmember Haun agreed, feeling that the information was needed since there is a request to 11 change the Comprehensive Plan. He didn't disagree with Councilmember Dorfman's suggestion but he didn't want to make a decision with inadequate information Councilmember Latz felt that the concerns expressed by his colleagues could be folded into the motion to include staff analysis of those questions in addition to the financial feasibility of purchasing Lot K. Councilmember Friedman questioned any negotiating for Lot K when it was not known if it was even buildable. He agreed in principal, but felt the timing was off. The motion failed 2-5 (Councilmembers Dorfman, Latz in favor; Mayor Hanks and Councilmembers Jacobs, Haun, Friedman, Young opposed) PETITIONS, REQUESTS, COMMUNICATIONS None. ' RESOLUTIONS AND ORDINANCES a First reading of ordinance prohibiting keeping of non-domestic animals It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second for February 21, 1995 and authorize summary publication 17 City Council meeting minutes February 6, 1995 The motion passed 7-0. b. Second reading of ordinance authorizing disbursements by City's dental administrator Ordinance No. 95-2020 It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to adopt Ordinance No. 95-2020 entitled "An ordinance authorizing disbursements of City funds by an agent of the City " The motion passed 7-0. PEPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a City Engineer's report Ford Rd from Runnymeade Lane to south frontage road of I-394, Project 95-06 Resolution 95-11 It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 95-11 entitled "Resolution accepting the City Engineer's report, establishing Project No 94-06, establishing a public hearing date for Project 95-06 and authorizing staff to sponsor a neighborhood meeting for Ford Rd from Runnymeade Lane to the south frontage road of I-394 " The motion passed 7-0. 9b City Engineer's report Aquila Ave. from T H 7 to 450 feet south of W 36th St., Project 90-32 Resolution 95-12 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 95-12 entitled "Resolution accepting the City Engineer's report, establishing Project 90-32 and establish an improvement hearing for project 90-32, Aquila Ave from T H 7 to 450 feet north of W. 37th St." The motion passed 7-0. 9c Selection of traffic consultant for Honeywell Comprehensive Plan amendment request, request for authorization to solicit proposals for economic impact analysis services Bill McHale, Ryan Construction, gave Council background on the traffic study conducted by SRF, a consulting firm that has worked for the City and was recommended to Ryan The item before Council, to select a traffic consultant, will seriously affect Ryan's current timeline. He also took issue with comments in staff's report that big box is commonly known as a short-lived use. 18 City Council meeting minutes , , ig February 6, 1995 Councilmember Friedman was concerned about the tax impact He had concerns about the impact on other retail businesses in the City He felt his obligation was to determine if this is the right project at the right time. It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to solicit proposals from consultants for economic impact analyses for the proposed use and for other alternative uses on the neighborhood and community retail centers (alternatives 1 and 2 in staff's report ) It felt it unrealistic not to look at the impact this proposal would have on traffic on Cedar Lake Rd , long a concern of the Council He felt Council should look at the traffic study Ryan conducted and not order another one at this point. Councilmember Haun asked how long the economic impact study would take Mr Hagen said he would expect to be back to the next Council meeting, and after February 21 it would probably take a month to complete the study Councilmember Haun asked Mr McHale was his timetable with Ryan was Mr McHale said they had a capital call money due Thursday, Feb 9 in order to maintain the timeline and then again on April 8, a total of$125,000 Il Tim Keane, speaking for Honeywell, said it was their desire to get to the question of land use resolved as quickly as possible and that the question of the guide plan and designation that doesn't bind the Council to the ultimate development plan be arrived at as quickly as possible without inordinate or unnecessary delays In commenting on Council's not taking action last year on this, Councilmember Friedman didn't believe the process had been going on for all that long He felt it would be a detriment to approve the first suggestion for development that was made. Councilmembers Haun and Young were interested in keeping things moving along on two tracks, i e continued dialogue with Ryan and simultaneously selection of a consultant to work on the economic impact analysis They were concerned that previously Council had chosen not to look at this and now that time is a crunch, is there going to be sufficient time Mr Hagen felt the Planning Commission would like to have the results of any study before they take action Mayor Hanks was sorry that Council had backed off from looking at this property last year but also that Honeywell had scheduled a completely impossible time schedule Councilmember Haun said he was not clear on what the neighborhood wants, if indeed they know. He didn't know how much opposition, if any, there was to the big box concept. 19 City Council meeting minutes February 6, 1995 Councilmember Latz asked if the City goes ahead and contracts for a study, traffic and/or economic impact, would the costs be borne by the City or can it be passed through to the developer Mr Meyer said the Zoning Ordinance provides that the costs associated with reviewing a proposal can be passed on to the developer. Councilmember Latz said it seemed to him that if included in the request for proposal was that the Council wanted to fast track this, there will be a consultant willing to do so. He would offer that as a friendly amendment to the motion to seek a consultant to do an economic impact analysis as well as land use alternatives 8 This was agreeable to the maker of the motion Mr Meyer saw no problem with getting a consultant to come up with alternative land uses. However, if Council felt it would take time for deliberations and lengthy discussion, he didn't see how the early April timeframe could be met. Councilmember Friedman said it would be his feeling that what Council is asking for is a consultant who is an expert in the field to come back with answers as to what is the economic impact on the area and what are alternative uses that are feasible for that area in conjunction with what is being proposed It may be that big box is the best It was his understanding that based on what is brought back to Council, they could go ahead and decide to do something else Councilmember Haun asked what kind of timeframe was being considered. If it was June, he would not support. Councilmember Latz said it was his meaning of fast tracking that Council receive a report from the consultant soon enough so that the Council can sit down in a specially called meeting to consider the impact and have it done before the Planning Commission is next scheduled to consider the matter The motion passed 5-2 (Councilmember Young and Mayor Hanks opposed) Mayor Hanks asked that copies of the traffic study that has been done for Ryan be distributed to Councilmembers 9d . Traffic study 494 Parking restrictions on Cedar Lake Rd Resolution 95-13 By consent, adopt Resolution 95-13 entitled "Resolution ordering placement and removal of"no parking" signs on Cedar Lake Rd " UNFINISHED BUSINESS 20 10a Boards and commissions 111 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to appoint David Cera to the Board of Zoning Appeals The motion passed 7-0 NEW BUSINESS 11 a Pheasants Forever raffle at Sheraton Park Place It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the license and waive 30-day waiting period The motion passed 7-0 11 b Application of Minnesota Recreation and Park Assoc to sell pulltabs at the Classic Resolution 95-14 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 95-14 entitled "A resolution of the St Louis Park City Council approving issuance of a premises permit for lawful gambling MN Park & Recreation Assoc at Classic " The motion passed 5-1-1 (Councilmember Friedman opposed; Councilmember Haun abstained). l 1 c Application of Minnesota Recreation and Park Assoc to sell pulltabs at Gippers Resolution 95-15 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 95-15 entitled "A resolution of the St Louis Park City Council approving issuance of a premises permit for lawful gambling MN Park and Recreation Assoc at Gippers." The motion passed 5-1-1 (Councilmember Friedman opposed; Councilmember Haun abstained). l ld Bid tabulation• Optically activated traffic signal emergency vehicle pre-emption system Resolution 95-16 It was moved by Councilmember Friedman, seconded by Councilmernber Jacobs, to adopt Resolution 95-16 entitled "Resolution accepting bid and approving contract for Improvement Project 92-15, emergency vehicle pre-emption installation on the traffic signal system on Excelsior Blvd (Cty Rd 3) at Louisiana Ave " The motion passed 7-0 l le. Church of the Good Shepherd• Request to conduct raffle 21 s It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the license and waive 30-day waiting period. The motion passed 7-0 MISCELLANEOUS 12a Damage claims Kathy Lindbloom By consent, refer to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks asked that some Councilmember attend a meeting on homeless and housing in Crystal 12c Communications from the City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a Verified claims By consent, the list of verified claims prepared by the Director of Finance dated Feb 6, 1995 was approved and checks authorized to be distributed in the following amounts. Vendor claims. $817,754 89 and payroll claims $26,187 48 13b. Contract payments 1. Partial. Toltz, King, Duvall, Anderson & Assoc., engineering services. Amount. $4,646.06 2 Partial. Hardrives, Inc , street reconstruction, street lighting, traffic signal system at Tower Place Amount $25,470 45 By consent, approve and authorize payment 14 Adjournment The meeting adjourned at 10 55 // 934)15 Ma or Hanks 4VA.Vir 22