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HomeMy WebLinkAbout1995/03/20 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 20, 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, Allen Friedman, Ron Latz, Robert Young and Gail Dorfman. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Sheehy); Director of Public Works (Mr. Rardin); Planner(Ms. Erickson);Director of Finance (Ms. McBride), Director of III Inspections(Mr. Petersen); Director of Parks and Recreation(Mr. Gears) and Asst. to the City Manager(Mr. Larson). 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the March 6, 1995 meeting. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the minutes of the March 13, 1995 study session. The motion passed 4-0-2 (Councilmembers Haun and Dorfman abstained). 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for March 20 with the removal to the agenda of item 9h. The motion passed 6-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the agenda for March 20, 1995. The motion passed 6-0. PUBLIC HEARINGS 6a. Austin's Steak House: Change in liquor license ownership r 47 City Council meeting minutes March 20, 1995 Richard Schooley, 600 Hwy. 169, representing the applicant was available 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 the requested transfer but withhold until proof of dram shop is received. The motion passed 6-0. PETITIONS, REQUESTS,COMMUNICATIONS RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance re animal quarantine Ordinance No. 95-2025 It was moved by Councilmember Dorfinan, seconded by Councilmember Jacobs, to adopt ordinance No. 95-2025 entitled "An ordinance relating to animal quarantine; Amending Section 11-312." I/ The motion passed 6-0. 8b. Resolution of denial: Motor vehicle service repair as a principal use in C-1 Districts Resolution 95-35 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 95-35 entitled"A resolution of findings regarding the application of Mark J. Gilbertson, Valvoline Rapid Oil Change, to amend Section 14:5-5.2 of the St. Louis Park Ordinance Code relating to zoning to add motor vehicle service repair as a principal land use in the C-1 District." Mark Gilbertson, applicant, spoke to Council. He was seeking reconsideration of the denial. Councilmember Dorfman said there was concern on the part of Council as to what they wanted in the C-1 District. At this point, motor fuel stations with conditions are allowed and she was not willing to lift any of those conditions. Mayor Pro Tem Friedman noted that this operation would be allowed in the C-2 District currently with no restrictions. It is just the applicant's preference to be in the C-1 where they are not allowed. 111 48 City Council meeting minutes March 20, 1995 Councilmember Dorfman said it was Council's prerogative to ask staff to look at the conditions and bring to a study session. The motion passed 6-0 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to direct staff to look at the general issue of motor vehicle fuel stations in the C-1 District particularly the current conditions and perhaps what other conditions could be imposed or that might be onerous or unjustified The motion passed 6-0. 8c. Time extension for conditional use permit: 2631 Virginia Councilmember Young felt if would be prudent for the Council to ask the applicant to reapply for a Conditional Use Permit in order to avoid the appearance of giving special treatment. It was moved by Councilmember Young, seconded by Councilmember Dorfman, that the applicant be required to apply for a new Conditional Use Permit. Councilmember Haun wondered why the project was not completed in the required time period. He was more concerned about the fill going in there than the time required to complete. Mr. Petersen said staff's understanding was that the property owner was only accepting clean fill and there is a limited amount of that available. Also, they are not paying anyone for the materials delivered. Mayor Pro Tem asked if the facts are any different now than when the first permit was applied for. Mr. Meyer responded that staff felt there were no changes from the original permit request. Mayor Pro Tem asked Mr. Sheehy if he saw any problems in that the City would be treating one applicant different from another. Mr. Sheehy was not that familiar with the site and was somewhat uncomfortable advising the Council that its action may or may not be precedent for something else. He felt that based on Mr. Meyer's representations, the Council could comfortably go forward with Option 1. Councilmember Latz asked the timeframe for reapplication and fee cost. Also is this the time of year when fill typically is available so that Mr. Smith can actually make some progress.In the light of the fact this land is for sale, would there be any impact on any proposed development. 49 City Council meeting minutes March 20, 1995 Mr. Petersen said the fee for a Conditional Use Permit is $450 and the process runs 45-60 days depending on when they start the cycle. Regarding filling, he doubted much filling could be going on now because of the road restrictions imposed for the next month and a half. Relative to the issue of impact on any proposed development, Mr. Meyer felt that the Council requiring a new Conditional Use Permit would not have a direct impact on any proposed development project. Councilmember Young hoped the applicant, should he receive an extension or apply for a new CUP, would be more diligent about the material being used for fill and that better attention be paid to keeping the streets swept. The motion passed 6-0. 8d. First reading of ordinance extending by six months pilot program: Pets in parks Councilmember Young felt some discussion of this item would be of value at a study session, for example should it be made permanent, expand it or discontinue it. It was moved by Councilmember Young, seconded by Councilmember Haun, to extend the existing Pets in Parks pilot program until June 30, waive first reading, set second for April 3 and authorize summary publication and bring the item to the May 8 study session. Councilmember Jacobs said he would like brought to the study session whether or not there has been any impact on pets in non-permitted parks. He wondered if the permitted use in some of the parks has resulted in people walking their pets in non-permitted parks--has it gone down, for example. Councilmember Haun said the key to this program being successful is enforcement. Mr. Sheehy suggested verbiage to bring the proposed ordinance into conformance with the motion that was made. The motion passed 6-0. 8e. 1995 insurance program It was moved by Councilmember Jacobs, seconded by Councilmember Dorfinan, to adopt Resolution 95-36 entitled"Resolution awarding contracts for 1995/96 insurance coverage." The motion passed 6-0. 50 8f. I-394/Penn Ave Resolution 95-37 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 95-37 entitled"Declaration of support endorsing the position statement prepared by the TwinWest Chamber of Commerce relative to the traffic congestion on I-394 at Penn Avenue" and to direct staff to send a copy of the resolution to Senator Mondale and Legislators Rhodes and Kelley. The motion passed 6-0 8g. Temporary occupancy permit It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve first reading, set second for April 3, 1995 and authorize summary publication. 8h. Resolution setting public hearing for proposed transfer of control from KBLCOM Inc. to Time Warner Resolution 95-38 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 95-38 entitled"Resolution determining that a public hearing is necessary to consider the proposed transfer of control of KBLCOM Inc. Councilmember Latz hoped this would provide an opportunity to impress upon the new owners the importance of making stations available that recognize the diversity of the community. This had come to his attention during his campaigning. The motion passed 6-0. 8I. Historically Underutilized Business Enterprises: Proposed resolution Resolution 95-39 Councilmember Dorfman said a task force had been formed several months back with a charge to focusing on making sure the City's process is opened to minority and women-owned businesses. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 95-39 entitled"City of St. Louis Park statement of policy embracing equal opportunity for participation in City commerce." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COM IITTEES 51 9a. Request to hold neighborhood meeting: Lighting of east Dakota ballfield It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to direct staff to hold the meeting. The motion passed 6-0. 9b., Traffic study 93-17: Signal and geometric improvements at County State Aid Hwy. 25 and Ottawa Ave.Beltline Blvd Resolution 95-40 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-40 entitled"Resolution accepting the City Engineer's report, ordering improvement Projects 93-17 and 87-29, approving plans and specifications and authorizing receipt of bids." The motion passed 6-0. 9c. Amendment No. 1 to Contract 3060 with STS Consultants, Inc. Resolution 95-41 Mr. Meyer said the project ran into problems in getting approvals from the various different agencies because it was a wet site and the consultant had to do considerable extra work getting those approvals. In answer to a question from Mayor Pro Tern Friedman, the part that was unforeseen was the amount of time involved in getting approvals from the various agencies. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-41 entitled"Resolution pertaining to Amendment No. 1 to consulting services Contract No. 3060." Also in the future it is hoped this sort of situation would come to Council before the work is completed. The motion passed 6-0. 9d. Amendment No. 1 to Agreement No. PW-05-94 with Hennepin County for construction of landscaping/streetscape element on Excelsior Blvd. Resolution 95-42 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-42 entitled"Resolution pertaining to Amendment No. 1 to cooperative construction agreement, Contract No. 3062." The motion passed 6-0. 9e. Second floor remodeling Resolution 95-46 52 • I It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-46 entitled "Resolution ordering the remodeling and refurbishing of second floor of City Hall, authorizing advertisement for and receipt of bids, and enter into contracts for plumbing, heating, electrical and mechanical work and others as necessary." The motion passed 5-1 (Mayor Pro Tem Friedman opposed). Councilmember Haun commended staff for the work they have done which saved the City a good deal of money. Councilmember Young added that this assists the City in one of its goals, i.e. customer service and one-stop service on second floor. 9f. Traffic study 277 (supplement): Remove parking restrictions at W. 40th St/Wooddale Ave. Resolution 95-43 By consent, adopt Resolution 95-43 entitled"Resolution amending parking restrictions on Wooddale Ave." 9g. Traffic Study No. 419 (supplement): Parking restrictions at W 39th St/Princeton Ave. Resolution 95-44 By consent, adopt Resolution 95-44 entitled"Resolution authorizing parking restrictions along W. 38th St., west of Princeton Ave.;W. 39th St. west of Princeton Ave; and Princeton Ave. between W. 38th and W. 39th Streets." 9h. Traffic Study No. 495• Installation of traffic controls at W 14th St/Colorado Ave Councilmember Young pointed out that it seemed there was a significant departure from past procedures on traffic studies and recommendations re putting in stop signs. He recalled it took a significant neighborhood petition before stop signs were installed or at the least holding a neighborhood meeting before putting in signs. In this instance there were no accidents or other significant reasons for installing a stop sign and the request was made by one individual who didn't even appear to be a City resident. It was moved by Councilmember Young, seconded by Councilmember Jacobs, that the request be denied. Councilmember Jacobs was under the impression that in order to request placement of a stop sign 1 in the City the petitioner had to be a resident. 53 • Mr. Meyer said he talked to the petitioner and he did live in the area. The address he gave is a work address. Mayor Pro Tem Friedman said he believed all such requests came to the Council via petition which covers residents within four blocks in either direction of the intersection under question. Councilmember Haun felt there was a difference between ordering signs in a residential vs. commercial area. The latter requests can come from staff who are aware of conditions that perhaps Council is not aware. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to review City policy and procedures for installation of stop signs and place on an upcoming study session. The motion passed 6-0. 9I. Traffic Study No. 496: Installation of traffic controls at W. 27th St/Quentin Ave., It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to hold a neighborhood meeting with respect to traffic controls on W. 27th St./Quentin Ave. The motion passed 6-0. 9j. Traffic Study 947: Installation of traffic controls at Inglewood Ave./Cedar Lake Ave. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to direct staff to hold a neighborhood meeting. The motion passed 6-0. 9k. Traffic Study 498: Installation of traffic controls at W 35th/Raleigh Ave. Resolution 95-45 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-45 entitled"Resolution authorizing installation of stop signs on W. 35th St. at Raleigh Ave. The motion passed 5-0. 91. Void 9m. Minutes: Parks&Recreation Advisory Commission Feb. 8 9n. Minutes: Neighborhood Revitalization Commission Feb. 8 111 54 9o. Minutes: Human Rights Commission Feb. 15 9p. Minutes Cable TV Advisory Commission Mar. 9 9q. Minutes: Housing Authority Feb. 14 By consent, minutes received for filing UNFINISHED BUSINESS 10a. Boards and commissions -No business NEW BUSINESS 11a. Contract for professional services Councilmember Haun asked about overseeing the work. Mr. Meyer said there was a clause in the agreement in which time spent would be kept track of as well as work done through a monthly reporting to the City Manager. Councilmember Haun asked what if the consultant obtained another position during this 6-month period. Mr. Meyer responded there is an option by mutual agreement to terminate the contract or the option would continue to exist if it could be worked out to continue to provide services; however, it essentially is a six-month agreement. Councilmember Latz didn't feel Mr. Hagen would have a problem agreeing that if he does secure a fulltime position somewhere else, that there is no need for him to have a consultant agreement. Perhaps on a project-by-project basis at that point staff could seek his input on on-going issues where he had past involvement. He would ask if Mr. Hagen would agree to that condition. Mr. Sheehy noted paragraph 4, page 2, wherein the consultant is required to certify on a monthly basis to the City there is no conflict of interest with City clients or business. It was moved by Councilmember Haun, seconded by Councilmember Latz, to approve the contract for professional services(David Hagen). The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Lillian Madsen 55 By consent, claim referred to City Clerk and City Manager 12b. Communications from Mayor Pro Tem None 12c. Communications from the City Manager Mr. Meyer noted the February financial statement will be included with the April 3, 1995 agenda package. 12d Communications from Councilmember Dorfman Councilmember Dorfman gave a brief report on her attendance at the National League of Cities Washington Conference. CLAIMS,APPROPRIATIONS,CONTRACT PAYMENTS 13a. Verified claims By consent the list of verified claims prepared by the Director of Finance was approved and checks authorized to be distributed in the following amounts: Vendor claims: $368,184.14 and payroll claims $31,562.15. 14. Adjournment The meeting adjourned at 8:40 p.m. 1 /(/,0/1 iefii(eal ayor Pro Tem Friedman ,p0f ,Ar 1 Recording Secr ary I 56