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HomeMy WebLinkAbout1995/03/06 - ADMIN - Minutes - City Council - Regular MINUTES II CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 6, 1995 1. Call to order Mayor Hanks 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, Gail Dorfman and Lyle Hanks. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Sheehy); Director of Public Works(Mr. Rardin); Director of Community Development (Mr. Hagen); Director of Finance (Ms. McGride); Personnel Officer(Mr. Wysopal) and Director of Inspections(Mr. Petersen). 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the February 21, 1995 meeting with the following changes. pg 27, last sentence of last paragraph to read: "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."; pg. 27, first paragraph, first sentence to read: "Mayor Pro Tem 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." ; Item 8a correct spelling of Councilmember Haun's name. 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 March 6, 1995. The motion passed 7-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the agenda for March 6, 1995 with the following comments. Items 6b and 6c carry two resolutions; add to consent 13b1. Partial contract payment; Item 8h has a corrected resolution. The motion passed 7-0. PUBLIC HEARINGS 34 City Council meeting minutes March 6, 1995 6a.' Amendment to Zoning Ordinance to permit motor vehicle service repair as a principal use in C-1 District John Kosmas, architect for the proposed facility, had some rewording for the ordinance item on overhead doors. Mayor Hanks suggested that since this was first reading, staff would have time to look at that wording and decide whether or not to incorporate it into the ordinance before second reading on March 20. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. Councilmember Friedman said it was his understanding that at the present time these facilities are allowed in C-2 Districts by Conditional Use Permit only. Mr. Hagen said that was correct. Councilmember Friedman recalled the reason for this was that Council did not want these types of uses to proliferate in residential neighborhoods. As long as they are allowed in the C-2, it did not make sense to him to allow them also in the C-1 next to residential districts. It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to refer the matter to staff for preparation of a resolution of denial with findings. The motion passed 7-0. 6b. Ford Rd. reconstruction from Runnymeade Lane to south frontage road of I-394 and establishing parking restrictions along Ford Rd. Resolution 95-18 (reconstruction):Resolution 95-19 (parking restrictions) 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. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 95-18 entitled"Resolution ordering Improvement Project 95-06, approving plans and specifications and authorizing receipt of bids for reconstruction of Ford. Rd. from Runnymeade Lane to the south frontage road of I-394". The motion passed 7-0. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to approve Resolution 95-19 entitled"Resolution authorizing parking restrictions along the east side of Ford Rd. from Runnymeade Lane to a point 900 ft. south of the south frontage road of 1-394." The motion passed 7-0. 35 City Council meeting minutes March 6, 1995 6c. Aquila Ave. reconstruction from T.H. 7 to 450 ft. south of W. 36th St. and establishing parking restrictions along Aquila Resolution 95-20 (reconstruction): 95-21 (parking restrictions) 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. It was moved by Councilmember Latz, seconded by Councilmember Haun, to adopt Resolution 95-20 entitled"Resolution ordering Improvement Project No. 90-32, approving plans and specifications and authorizing receipt of bids for reconstruction of Aquila Ave. from T.H. 7 to 450 ft. south of W. 36th St." The motion passed 7-0. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 95-21 entitled Resolution authorizing parking restrictions along Aquila Ave. from T.H. 7 to W. 36th St." The motion passed 7-0. 6d. Community Development Block Grant: Year XXI allocations The following individuals addressed Council relative to their individual requests: Judy Halper, 1500 So. Highway 100 - ACT Project, program provided in collaboration with Jewish Family and Children Services and the St. Louis Park Schools located in the Aquila Primary Center David Dooley, principal of Aquila School, speaking on behalf of ACT Sharon Johnson, Executive Director of Community Action for Suburban Hennepin, 33 10th Ave. So., Hopkins, speaking on behalf of their request for HOMELINE, the umbrella for its housing services Grace Norris, Greater Minneapolis Daycare Association, which administers the childcare sliding fee program Bruce Larson, Assistant Director for the Suburban Alliance, speaking on behalf of its emergency home repair program to assist low income homeowners Mary Samoszuk, Perspectives, which is located in the former Nash-Finch Building in St. Louis Park and oversees a transitional housing program. They seek CDBG funding for the removal of architectural barriers in their building in order to comply with ADA regulations Councilmember Latz asked each of the applicants for funding allocations what their long-term 36 City Council meeting minutes March 6, 1995 funding goals were. Councilmember Dorfman asked how the various applicants gauged their need for CDBG funding from the various communities to which they make requests. There was discussion about Council and staff looking at other options in the coming years for allocation of CDBG funds. 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. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 95-22 (Alternative A) entitled"Resolution approving projected use of funds for 1995 Urban Hennepin County Community Development Block Grant Program" and specifying the following allocations: Housin City: Private home rehabilitation $132,471 Suburban Alliance 10,000 Public Services CASH: Homeline 5,000 JFCS: ACT Counseling 20,000 GMDCA: Daycare 20,000 Community Education Daycare 20,000 Public Facilities Vail Place Facility renovation 5,000 Removal of architectural barriers City: Park ADA compliance 78,000 Perspectives: ADA compliance 22,000 Total $312,471 Councilmember Dorfman said a number of good social services agencies had applied to the City for CDBG funding. The City is limited under Federal regulations to using no more than 20% for direct social services which limited who could be funded. A program which would be implemented by the City's Housing Authority/staff in collaboration with other agencies to move people from subsidized housing into self-sufficiency jobs and other services was a concept she felt worthy of further study. She felt it needed some more development as well as designation from HUD to put it into effect and the City does not at this time possess the necessary HUD designation. The motion passed 7-0. 6e. Proposed resolution to approve Amendment No. 1 to $900,000 industrial revenue bond (Gottstein project) Resolution 95-23 I- 37 City Council meeting minutes March 6, 1995 Leland Gottstein, applicant, thanked Council and staff for the excellent assistance he has received since he started building in the City in 1947. 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. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 95-23 entitled"Resolution amending Resolution 6519 originally adopted on March 24, 1980 and authorizing the execution and delivery of amendments relating to the$900,000 Industrial Development Revenue Bond (Gottstein Project) and documents relating thereto." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance re gambling: Substitution of organizations Ordinance 95-2022 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Ordinance 95-2022 entitled"An ordinance amending the St. Louis Park Code related to gambling location criteria: Section 13-1607. The motion passed 6-0-1 (Councilmember Young abstained). 8b. Resolution granting variance: Sideyard setback. 2720 Kipling Resolution 95-24 It was moved by Councilmember Friedman, seconded by Councilmember Dorfinan, to adopt Resolution 95-24 entitled"A resolution granting variance in sideyard setback from Section 14.5- 4.2(F)(5) of the Ordinance Code relating to zoning to permit a sideyard setback of 3 ft. instead of the required 6 ft. in the R-1, single family district, at 2720 Kipling Ave." The motion passed 5-1-1 (Councilmember Young opposed;Mayor Hanks abstained). 111 8c. Second reading of ordinance amending the zoning map: 1401. 1405 Colorado Ave. Ordinance 95-2023 38 City Council meeting minutes March 6, 1995 It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Ordinance No. 95-2023 entitled"An ordinance amending the St. Louis Park Ordinance Code changing boundaries of zoning districts." The motion passed 7-0. 8d. Second reading of ordinance amending the zoning ordinance: Treatment of bars Ordinance No. 95-2024 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Ordinance 95-2024 entitled"An ordinance amending the St. Louis Park Ordinance Code relating to zoning by adding Section 14:7-4 B.3." Councilmember Friedman asked if this would apply to existing bar/restaurants in the City should they decide to quite selling food. Mr. Hagen said the ordinance would exempt bars from the amortization provisions of the ordinance. Bars that do not serve food would not be allowed in any way in the City as they are not now. Mr. Sheehy said that any bar currently in operation, should they discontinue serving food, would revert to an illegal status. Councilmember Friedman asked if the amortization in this particular ordinance is referable to any other particular amortization that may be or could arise . Mr. Sheehy said it should not. The motion passed 6-1 (Councilmember Dorfman opposed). 8e. Minor amendment: Addition of swimming pool. Jewish Community Center Resolution 95-25 It was moved by Councilmember Dorfman, seconded by Councilmember Latz, to adopt Resolution 95-25 entitled"A resolution rescinding Resolution 92-38 adopted on April 6, 1992 and approving a minor amendment to a continued special use permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code relating to zoning to allow construction of a swimming pool on property located in the R-4 multiple family residence district at 4330 Cedar Lake Rd." II The motion passed 7-0. 39 n i 0 City Council meeting minutes March 6, 1995 8f. Minor amendment: Shelly's Woodroast, 6501 Wayzata Blvd. Resolution 95-26 It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 95-26 entitled"A resolution rescinding Resolution 89-171 adopted on November 6, 1989 and graint conditional use permit under Section 14:5-5.e(D)(4) of the St. Louis Park Ordinance Code relating to zoning to allow a Class I restaurant at 6501 Wayzata Blvd." The motion passed 7-0. 8g Animal quarantine It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve first reading, set second for March 20 and authorize summary publication. The motion passed 7-0. 111 Councilmember Dorfman asked that following second reading local vets be apprised of this change. 8h. Special assessment and policy for fire sprinkler systems Resolution 95-26 Mr. Meyer referred to the policy and spoke to item K. He said that when one of these kinds of proposals comes to the Council it will be accompanied by a staff report which would delineate what the provisions were of that particular special assessment. The things that need to be worked out on a per case basis have to do with the length of the period that the property would be special assessed as well as consideration of the financial criteria associated with the applicant and valuation of the property. Also in the report there is reference to"all properties" which means that the City would not exclude any particular type of property, nor would it automatically be granted to any applicant. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 95-26 entitled"A resolution amending Resolution 93-53 establishing assessment policies for improvement projects." Councilmember Friedman noted $250,000 would be needed annually to fund the special assessment program. He asked if the funds were available now in an interest-bearing account. Mr. Meyer said at present the City has a pool of funds from matured special assessments which 40 City Council meeting minutes March 6, 1995 could be used. Those monies would actually be better invested under this program than they would be at present interest rates. Mr. Petersen said the City is aware of 3 or 4 businesses a year which are required to put in sprinkler systems to comply with the code requirements either through building expansion or change in occupancy. Based on the experience of Minnetonka which has had the program in place since 1965 as well as the trend in the City, staff arrived at the $250,000. Councilmember Friedman, although believing the program worthwhile, was concerned that it was a new program and he wondered if it should not come back to the Council after being in operation a year to review. Also the procedures for implementation are not spelled out in the resolution Mr. Meyer said staff would bring that back to the Council. He also wanted to emphasize this was an entirely voluntary program and is not mandating sprinkler systems on any buildings that don't have them. Councilmember Friedman asked if the interest rate would be the same as, for example, curb and gutter. He would not want the City to become a lending agency in competition with banks and private lenders. Mr. Meyer said the current interest rate would apply the same to these kinds of projects as would any other project to be special assessed. The Council's current policy is to periodically review the interest rates. Councilmember Friedman's concern was that the City has to put in curbs/gutter, has to put in watermains, but this is getting into the private sector. He sees the merit, but that's why he would want review after a year. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS,COMMITTEES 9a. City Engineer's report: Watermain looping-Taft Ave. from Edgebrook Dr. to North St. Resolution 95-27 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 95-27 entitled"Resolution accepting the City Engineer's report, establishing Project 90-66, ordering Improvement Project 90-66, approving plans and specifications and authorizing receipt of bids for watermain looping on Taft Ave. from Edgebrook Dr. to North St." 41 City Council meeting minutes March 6, 1995 Councilmember Latz asked for explanation of the $9,000 differential between what was allocated in the 1994 Water Utility operating budget and the estimated project cost and why is the estimate different from when the operating budget was put together. Mayor Hanks noted this was just an estimate, it has not gone to bid. Mr. Rardin said that it was estimated based on what staff thought it could be. The numbers tonight are based on the final plans. The motion passed 7-0. 9b. Void 9c. Streetscape improvements: Street lighting(Project 95-10): landscaping(Project 95-11) on Excelsior Blvd.. Park Center Blvd.. W. 36th St.. Monterey Dr. Resolution 95-28 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 95-28 entitled "Resolution accepting this report, establishing Projects 95-10 and 95-11, ordering Improvement Project Nos. 95-10 and 95-11, approving plans and specifications and authorizing receipt of bids for completion of Phase I and Construction of Phase II of the Excelsior Blvd. streetscape project. The motion passed 6-0-1 (Councilmember Haun abstained). 9d. Southwest Mutual Aid Agreement Resolution 95-29 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 95-29 entitled"Resolution approving an agreement for joint and cooperative use of Fire personnel and equipment." The motion passed 7-0. 9e. Results of neighborhood survey: W. 16th St. (Kilmer neighborhood) Victoria Thor, 9721 16th St. addressed Council. She said the neighborhood was promised to have a neighborhood meeting in February and they were asking for the opportunity to gather together as many people as possible to see if they could get more discussion going. Mr. Moore said staff had discussed holding another neighborhood meeting, but they did not want to schedule another meeting until after Council had received the official results of the survey. 42 City Council meeting minutes March 6, 1995 Councilmember Young's recollection of the Dec. 6 meeting where holding a neighborhood meeting had been discussed had to do with a follow-up on the vote which was to install a stop sign at Melrose and 16th St. and then to check in to see if that was going to work out all right. It was subsequently decided not to install the sign; instead to take a survey of the Kilmer Pond neighborhood. If the results of the survey suggested some action, then hold a neighborhood meeting. He was not opposed to such a meeting being held. Ms. Thor said her group was not surprised the majority of the 16th St. residents want the access closed and those not living on 16th St. like the convenience of the access. Her group wanted another meeting to talk to the other neighbors in mass. Other issues are coming up particularly in the Minnetonka area which are going to affect traffic on their street which they did not feel the neighbors were aware of. They would like an opportunity to discuss these things. Councilmember Young suggested that members of the 16th St. group might talk to himself and Carlton Moore and see if they can flush out session.ight Hee soan propriate agenda for such a moved with a second from meeting and report back to the Council ata study Councilmember Jacobs. The motion passed 7-0. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to receive the report for filing. The motion passed 7-0. 9f. Labor agreement for 1994 between City and International Association of Firefighters Local 993 Resolution 95-30 A mathematical error was noted in the resolution. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-30 entitled"Resolutioapproving prsalagthe International ries and employer benefit contributio s forthe Firefighters Local 993 labor agreement and establishing year 1994." The motion passed 7-0. 9g. Party in the Park carnival/fireworks Councilmember Dorfman noted Council had some concerns at the study session about safety issues-fire access, pedestrian safety, crowd control- and all in all Oak Park Village would appear to be a better location than Aquila. 43 City Council meeting minute March 6, 1995 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, that the 1995 Party in the Park carnival/fireworks be relocated to Oak Park Village. Councilmember Jacobs reiterated Council's concerns that special effort be made to get news of this relocation out to the community so people know well in advance that the location is changed from Aquila to Oak Park Village. Councilmember Latz sought input from staff as to what impact this is going to have on the residents of the buildings at Oak Park Village. He asked that the neighborhood have plenty of time in which to plan for this. Mr. Meyer said as much of a problem as noise, congestion, traffic, parking may be to a new neighborhood, from a public safety standpoint the Oak Park Village location is much better than Aquila in terms of fire/emergency access. Staff will do the best they can to work with the Oak Park Village residents to anticipate any problems. The motion passed 7-0. Bonnie Blumberg, of the Party in the Park Committee, thanked the Council for their assistance 9h. Minutes: Planning Commission February 15 By consent, minutes ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions 1. Appointment to Bassett Creek Water Management Board -Resolution 95-31 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-31 entitled"A resolution appointing commissioner to fill unexpired term on the Bassett Creek Water Management Commission Board." It was the consensus a resident in the community be found to serve as alternate to Mr. Rardin. The motion passed 7-0. NEW BUSINESS 11 a. Application to conduct raffle: Rise. Inc. 44 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the license and waive the 30-day waiting period. The motion passed 7-0. 11 b. Gambling renewal application: Knights of Columbus Resolution 95-32 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-32 entitled"A resolution of the St. Louis Park City Council approving issuance of a premises permit for lawful gambling: Knights of Columbus Council 3949." The motion passed 6-1 (Councilmember Friedman opposed). 11c. Bid tabulation: Watermain construction. Project 90-29 Resolution 95-33 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 95-33 entitled"Resolution accepting bid and authorizing execution of a contract for Improvement Project 90-29; watermain looping along T.H. 169 from W. 22nd St. to 1200 feet north." The motion passed 7-0. 11d. Confirmation of Tom Harmening as Director of Community Development It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to confirm the appointment of Tom Harmening as Director of Community Development. The motion passed 7-0. MISCELLANEOUS 12a. Damage claims William McCarthy;Julie Kay Harris By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks said he had been appointed to the National League of Cities Planning Board. He mentioned briefly the telecommunications bill in the Legislature and encouraged Councilmembers to lend their support to it. 12c. Communications from the City Manager 45 City Council meeting minutes March 6, 1995 Mr. Meyer said the special legislation for the City having to do with the extension of the TIF districts, the elimination of the penalty on the hazardous substance sub-district and the creation of a special services district goes to the Senate committee this week. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, approve the list of claims prepared by the Director of Finance and issue checks in the following amounts: Vendor claims: $585,326.09 and payroll claims $28,068.50. 13b. Contract payments 1. Partial: Toltz, King, Duvall, Anderson: Engineering services. Amount: $6,351.30 By consent, approved and payment authorized. 14. Adjournment The meeting adjourned at 9:10 p.m. 4114—B Lyl Hanks, Mayor V C Autk 1 ecording Secretary 46