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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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