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HomeMy WebLinkAbout1995/08/07 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 7, 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, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks Also present were the City Manager (Mr Meyer), City Attorney (Mr Sheehy), Planning Coordinator(Ms Jeremiah), and Director of Public Works (Mr Rardin) 4 Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the City Council meeting minutes of July 17, 1995 with the following corrections #3, Approval of minutes, Councilmember Haun and Jacobs abstained, pg 123, insert that the neighborhood did not oppose the proposed townhome development near the JCC, correction in spelling of Ms McGarrigle's name, correction in spelling of Bateson The motion with corrections passed 6-0 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the study session minutes of July 24 with the following correction Item 2, Councilmember Latz believed he asked for more substantiation of the basis for the numbers The motion passed 6-0. 5 Approval of the agendas It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for August 7 Councilmember Latz asked that item 13a be removed from consent The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for August 7 128 City Council meeting minutes August 7, 1995 Mr Meyer noted that the Halley matter was not on the agenda Further action on this matter was deferred pending action of the Minnehaha Creek Watershed District on granting an approval The District did grant approval Since that approval was granted, some question has been raised about an appeal to that decision It was his intent to put this item on the Aug 21 Council meeting for consideration of the Conditional Use Permit unless there was some action that would prevent that In addition there were a couple of changes to recommendations on tonight's agenda One is C-2 Commercial District, item 6a, and also item 1 lb Bid tabulation, sanitary sewer project Councilmember Dorfman presumed those interested in the Halley matter will be notified Mr Meyer said that was correct Michael Halley addressed Council He had no problem with it being on the 21st He said that if the approval process is made subject to the petition of an appeal process, it puts him in a very disproportionate position. An appeals process begun in Minneapolis 9 months ago is still going forward with no resolution because the applicant has yet to file the appropriate papers with the appeal board This process can be delayed in perpetuity if the applicant so desires by not rendering to the commission the documents of the objections they have He requested that the City Council would at least honor the Watershed District's approval process Mayor Hanks said his concern was that the Ward seat for the Halley matter is empty, and some people might have concern if a decision is made there without representation The motion to approve 6-0 PUBLIC HEARINGS 6a Amendment to Zoning Ordinance Amendments to C-2 Commercial District Ms Jeremiah provided Council with background material on the revisions to the C-2 Commercial standards to address deficiencies related to large-scale shopping centers The proposed revisions are intended to provide flexibility and improve the way the City works with existing shopping centers The Planning Commission on July 19 did recommend approval of the revised ordinance She provided Council with three additional revisions to the proposed ordinance One of the most sensitive areas under consideration is parking and, referencing the material before Council, she said staff is recommending that potential parking areas be set aside as open space for a minimum of one year which will give the shopping center tenants time to really decide if it is absolutely necessary to use it as parking Staff's hope is they will decide it's not needed for parking and will remain as open space, however, after that time, if they believe they need it for parking they can convert it Also there was proposed language which gives the City Council the 129 II City Council meeting minutes August 7, 1995 authority to waive the requirement for set aside parking as open space if there is additional open space already provided in other areas of the PUD property Another provision of the proposed ordinance is the potential to approve up to 30% reductions in required parking Staff feels that in large shopping centers are often over-parked, that often they could live with less parking She then touched on a variety of architectural considerations She said the C-2 would also include any relevant code provisions found elsewhere in the Zoning Ordinance unless specifically modified by the PUD agreement Also, as the City Council had requested, language is included that speaks to the Council having the sole discretion to approve alternative means of satisfying conditions through the PUD process as well as the discretion of requiring additional amenities that would protect the public safety, general welfare, neighborhood character or better achieve the objectives of the Zoning Ordinance Councilmember Dorfman, referencing the reservation of at least 10% of required parking spaces as landscaped open space for a minimum of one year, would tenants have the right to pave, regardless Ms Jeremiah said it would be at the tenants' discretion after the one-year period Councilmember Dorfman was o k with tenants having that discretion as long as there is criteria language included, a threshold, if you will, during which they could come to Council and prove they have sufficient demand. She would like to see something more specific than just there is overflow parking occurring Ms Jeremiah agreed that some type of threshold should be possible and staff has worked with concerned individuals to come up with some language She said that's more easily said than done Staff wants to protect the public safety in the event of any overflow into public streets, fire lanes or blocking of circulation drives She was not aware what would trigger tenants to believe more parking was needed It would be the hope the open space would be a permanent set-aside Councilmember Dorfman said if such a decision were up to Council's discretion, what would the process be Also some criteria would have to be developed Ms Jeremiah responded staff would probably initiate the process as they would be most aware of a problem arising Or the retailers would come forward to request that parking be released She agreed it would be in the City's best interests to develop some criteria Councilmember Jacobs agreed that criteria was needed and he'd like to see staff work with the developer and perhaps even the tenants He was not comfortable with that being instituted by the City Council with the tenants running into meetings all the time begging for more parking 130 City Council minutes August 7, 1995 Councilmember Haun agreed with a 10% set-aside except that the maintenance of those areas can become a problem Ofttimes the set-aside landscaped areas are overrun which can ruin the concept of landscaping in a PUD II Councilmember Latz said he had spoken to Mr. Harmening about parking requirements with particular attention to the concerns of Knollwood Mall and the counting of common areas in the parking requirements He was wondering if those factors could be accommodated in the C-2 because Knollwood is unique in the community in that it has a fair amount of indoor common area Ms Jeremiah said it made sense to her to exclude those common areas in determining the parking requirements for the shopping center For one thing, they would not like to create a disincentive to having those common areas, indoor plazas and other common areas for the public She felt it would make sense to look at an ordinance amendment to the parking provisions for shopping centers which would look at gross leasable area vs gross building area She said additional ordinance amendments, such as under discussion, will be forwarded with the mixed use ordinance that will be coming to Council in the near future Councilmember Latz, referencing item G-2 which references an agreement to construct parking ramps when and if warranted, asked if any thought had been given to that Ms Jeremiah said the language has been revised to establish some criteria with regard to what would be a trigger or threshold for requiring a parking ramp, again based on overflow parking on public streets or on-site areas not striped for parking 3. Councilmember Latz asked if Council would have the option in the PUD of including a ramp and having it in the ordinance would give Council the option of insisting it be a condition in the PUD She said that was correct, and Mayor Hanks interjected only if there is a 30% reduction requested Councilmember Latz was concerned that whatever conditions being developed are sufficiently identified so that the Council and shopping center have good guidance as to what they need to do or when they might anticipate they'd have to deal with that kind of requirement Councilmember Young did not want to see this delayed another two weeks over the issue of"f" He asked if it were possible for the Council to accommodate"f' through the parking ordinance or does staff need additional time to come up with wording on that point Mayor Hanks noted this was the first reading and that prior to second reading, staff will have a chance to analyze the comments made tonight and incorporate them for second reading He preferred to have it in this ordinance rather than in the parking ordinance Councilmember Dorfman asked for clarification Approve the first reading tonight giving staff the direction to establish criteria 131 City Council minutes August 7, 1995 Mayor Hanks was concerned that the spaces set aside for green space stay that way He said he's never seen a shopping center parking lot absolutely full of cars Maybe certain shopping days of the year they might be full but for the other 350 days, he'd rather not see them striped Councilmember Young wondered if this is approved, would section "f' be removed Bill McHale, Ryan Construction, commented that retailers are very sensitive to their parking and have certain minium standards they must meet In Plymouth his company came up with the Proof of Parking concept for Target Greatland and he was proposing a similar approach for this site He felt a good middle of the road concept was to put a percentage aside in logical areas to get bigger green buffer areas and then let them turn it into asphalt after a year if they feel it's necessary Gary Berscheid, 1604 Blackstone, expressed his concerns re potential spillover into his neighborhood as well as the Sunset Ridge complex He'd like to see some language saying that the shopping center will contain its parking and not impact the neighborhoods Allan Young, General Manager of Knollwood Mall, said in general terms they were in agreement with what is being considered this evening They do have concerns, primarily about when does this become effective As an established center, it is a very different process to bring it through the PUD process than it is a new development He said Knollwood's request for a continued special use permit will be on the August 21 Council agenda, and one of the things he asked to be 111 considered is at what point does Knollwood become affected by the changes as discussed this evening Also, concerns of theirs were parking requirements, green space, consideration of common area as it relates to parking ratios, etc 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 Haun, seconded by Councilmember Jacobs, to approve first reading, set second for August 21, 1995 and authorize summary publication with the inclusion of language as presented by staff Councilmember Haun wanted to see this project move along Councilmember Young offered support with the exception of"f' He felt there were enough issues around "f' that he would prefer the wording not be there after first reading He felt there was a concern that the shopping center not be able,just because a year has passed, to put in the parking He offered a friendly amendment to delete"f' with general direction to staff to accommodate some of Council's concerns Paragraph "f' as it stands is not acceptable to him At second reading, he would like to see a new"f' reflecting the Council's concerns Councilmember Jacobs was interested in two things First, we are concerned about the parking and want to have some open space on the project , and two, that we have some discretion - and in whom to be vested we're not sure - to come along and make some determination that we need more parking He believed that was the message sent to staff, to brainstorm either with themselves or in conjunction with the developer and come back with other language that makes 132 City Council minutes August 7, 1995 better sense to everybody, to develop criteria He agreed with Councilmember Haun that the process needs to be moved along 111 Mayor Hanks had a major concern Two or three items are going to determine this , none of which does he want to be in the middle Neighborhood concerns, concerns of the developer about tearing out green space and paving it at their expense along with paying for the maintenance Councilmember Dorfman said she was fine with approving this as moved by Councilmember Haun which would give staff the opportunity to develop criteria that would be triggered by the tenants, not by Council Councilmember Haun says that the PUD process gives the Council the opportunity to work with this and since no one has seen a development plan at this point, let's don't put the cart before the horse It was moved by Councilmember Haun to call the question The motion passed 5-1 (Councilmember Young opposed) The motion as made by Councilmember Haun, seconded by Councilmember Jacobs, passed 5-1 (Councilmember Young opposed) PETITIONS, REQUESTS, COMMUNICATIONS I/ RESOLUTIONS AND ORDINANCES 8a Resolution appointing Councilmember to Ward 1 vacancy Resolution 95-97 The result of the paper ballot was five for Susan Sanger (Jeff Jacobs, Lyle Hanks, George Haun, Gail Dorfman and Ron Latz) and one vote for Bill Norton (Robert Young) It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-97 entitled "A resolution appointing Susan Sanger to vacancy in office of Councilmember Ward 1 pursuant to Charter Section 2 05 " The motion passed 6-0 Councilmember Jacobs wanted to thank the other candidates for applying and encouraged them to apply for openings on the City's Advisory Boards Councilmember Young said he had cast his vote for Mr Norton because Ms Sanger and Mr Runge have filed to run in the election and he did not wish to position either of those candidates for the election 133 City Council minutes II , August 7, 1995 P ', I 8b Resolution naming election judges Resolution 95-98 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-98 entitled "A resolution designating election judges and polling places for the September 12, 1995 City primary election " The motion passed 6-0 8c Second reading of ordinance amending Zoning Ordinance Delete houses of worship in C-2 Ordinance No 95-2036 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Ordinance No 95-2036 entitled "An ordinance amending the St Louis Park Ordinance Code relating to zoning by deleting Section 14 5-7 3(C)(14) " The motion passed 6-0 8d Friends of the Arts Resolution 95-99 Susan Schneck, 6126 W 42nd St , spoke on behalf of the organization She said pending by-laws have been written and membership status developed They have already raised $2,000 and plan for a membership drive during the upcoming school year The Metropolitan Arts Council has informed them there is money through the State to facilitate organization of groups such as theirs and that Friends of the Arts would have to match any funding Councilmember Dorfman thanked Representative Jim Rhodes for the support he gave to the Friends of the Arts in their organizational efforts It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 95-99 entitled "Resolution expressing support for"Friends of the Arts" and the formation of an independent non-profit arts board in St Louis Park " The motion passed 6-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a Minutes Planning Commission June 21 9b Minutes Planning Commission July 5 134 City Council minutes August 7, 1995 9c Minutes Planning Commission July 19 By consent, items 9a-9c received for filing UNFINISHED BUSINESS 10a Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to accept the resignation of John Allen Johnson from the Human Rights Commission Motion passed 6-0 Interviews were scheduled for August 14 NEW BUSINESS 11 a Holy Family Fall Festival Resolution 95-100 It was moved by Councilmember Haun, seconded by Councilmember Latz, to approve the request for a temporary 3 2 beer license, gambling license exemption, waiver of carnival licenses and to adopt Resolution 95-100 entitled"Resolution authorizing temporary parking restrictions along Lake St between Zarthan and Alabama Avenues during Holy Family Fall Festival " The motion passed 6-0 1 1 b Void 11 c Bid tabulation Sanitary sewer forcemain/lift station Resolutions 95-101, 95-102 Mr Meyer explained that several days after opening of the bids, the apparent low bidder contacted staff and indicated some of the materials they intended to use would not meet the specifications It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-101 entitled "Resolution rejecting all bids for Improvement Project 90-42 Sanitary sewer forcemain on Excelsior Blvd from Huntington Ave to France Ave, and Project 95-04 Reconstruction of sanitary sewer lift station at W 37th St and Minnehaha Creek" The motion passed 6-0 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-102 authorizing advertisement for bids for Improvement Project 95-04 Reconstruction of sanitary sewer lift station at W 37th St and Minnehaha Creek" 135 City Council minutes August 7, 1995 The motion passed 6-0 11d Bid tabulation Concrete alley paving, sidewalk repair, street paving and bridge deck repair Projects 94-22, 95-01, 95-08 and 90-52 Resolution 95-103 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-103 entitled "Resolution accepting bid and authorizing execution of a contract for City Project 90-52, reconstruction of W 37th St at Minnehaha Creek bridge approaches, Project 94-22, alley paving on the 2700 block between Salem and Toledo Avenues; Project 95-01, random concrete repair, City Wide, and Project 95-08, concrete rehabilitation/restoration on Louisiana Ave from Oxford St. to Minnetonka Blvd " Councilmember Haun asked why only one bid was received Mr Rardin said they really had no knowledge of why only one responded Councilmember Jacobs asked how many firms get the advertisement for bids Mr Rardin responded they advertise in the"Construction Bulletin", a regional trade publication covering the 5-state area and also in the legal portion of the"Sun Sailor" There is no reason contractors would not be aware of the project It is somewhat late in the construction season and probably most contractors are busy Councilmember Haun asked if the project needed to be done this Fall Mr Rardin said that it should Councilmember Latz asked why one portion of the project came in about $30,000 over the engineer's estimate Could that part of the project wait until next season Mr Rardin said the longer we wait, the more deteriorated it will become He said sometimes contractors will bid one particular aspect of a multi-project higher or lower depending upon their own particular concerns In some instances they'll bid higher on one item where they can do the work right away and get more in their pocket immediately and the longer term work will be bid lower so they have the up-front capital In response to a question from Councilmember Latz, Mr Sheehy said it is not a bid alternate option to separate out any components of the bid -- it's an all or nothing deal The motion passed 6-0 Councilmember Latz asked for an update on the portion of Louisiana Ave near Cedar Lake Rd 136 City Council minutes August 7, 1995 Mr Rardin said the delay was due to construction of a retaining wall in front of Bernie's The contractor is about 3 weeks behind and there's no one particular reason for this - some delays on the relocation of overhead and underground utilities, weather disruptions Councilmember Latz asked if there were any incentives for early completion or penalties for delayed completion built into the contract Mr Rardin said the City does not utilize incentives for early completion, there is a penalty factor in the contract for delayed completion Councilmember Young asked what the completion date was Mr Rardin said he would get that information to Council MISCELLANEOUS 12a Damage claims Fresh Paint, Inc Richard Laumer Bernice O'Brien By consent, claims referred to City Clerk and City Manager 12b Communications from the Mayor Mayor Hanks said there would be a study session on August 14 He said Rep Sabo would be having a meeting on Wed evening in City Hall The following Wednesday there is a multi-family housing meeting and someone from Council might be interested in attending 12c Communications from the City Manager Mr Meyer said the public hearing on AVR has been scheduled for Monday, Sept 11 He suggested the Council recess to executive session after item 13a CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a Vendor claims Councilmember Latz had a question about overtime on the payroll claims list which came out at some $15,000 He wondered why there was such a substantial expense Mr Meyer said he'd be happy to review and respond to Council 1137 City Council minutes August 7, 1995 Councilmember Young recalled there was talk about a study being done looking into utilization of 1overtime and temporary staff to see if it's growing or has remained steady:over the past 4-5 years He asked that such a study move forward It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the vendor claims and issue checks in the appropriate amounts Vendors $1,014,470 80 and payroll claims $60,864 67 13b Contract payments 1 Final. Minger Construction, watermain construction Amount. $7,889 00 By consent, adopt Resolution 95-104%proving payment Partial payments 2 Pitt-Des Moines, elevated water tank No 2 Amount $70,965 00 3 Tolz, King, Duvall, Anderson Assoc , engineering services Amount $405 43 4 Faircon Service, air conditioning condenser replacement Amount $30,102 65 i I , 5 Faircon Service, ventilation system modifications, 2nd floor, City Hall Amount $34,181 95 6 C S McCrossan Storm sewer, street construction Amount $200,209 75 7 Friedges Landscaping, landscaping/site improvements Amount $53,086 85 8 Midwest Asphalt, grading paving, curb/gutter, storm sewer, street lighting, traffic signal Amount $88,231 14 9 Minger Construction, sanitary sewer, storm sewer, watermain. Amount $2,883 25 By consent, partial payments approved and payment authorized Executive Session It was moved by Councilmember Haun, seconded by Councilmember Dorfman, to recess to executive session Upon returning to Chambers, it was moved by Councilmember Jacobs, seconded by Councilmember Haun, to proceed with the appeal of the Denial of Summary Judgment Enforcing the Moratorium City of St Louis Park vs Fantasy House The motion passed 6-0 138 City Council minutes August 7, 1995 14 Adjournment It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adjourn the meeting at 9 35 p m The motion passed 6-0 vL d--(,(A4 May Hanks dr/ 4\0414\ ecording Secretary 139