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Home My WebLink About1996/10/22 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MN October 22, 1996 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Mayor Dorfman presented three SAVVY awards to Lynn Schwartz, Communications Coordinator, from the City County Communications and Marketing Association in recognition of her work on the Rec Center Renaissance project,Vision St. Louis Park and the City/School calendar and guide book. 3. poll call The following Councilmembers were present at roll call: Jeff Jacobs, Jeff Appelquist, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman. 4. Approval of minutes of October 7 There being no corrections or amendments,the minutes were approved as presented. 5. Approval of agenda a. Consent agenda-It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve.The motion passed 7-0. b. Agenda for October 22 -Mayor Dorfman suggested moving item 8g to follow 11d.It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist,to approve the agenda. The motion passed 7-0. PUBLIC HEARINGS 6a. Pizza. Pasta& Ice Cream Too.Inc,dba No Name Pizza.Knollwood Mall Application for wine and 3.2% malt liquor license. Steve Arnold, owner of No Name, was present to answer questions. 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. 168 It was moved by Councilmember Latz,seconded by Councilmember Jacobs,to approve the onii - sale intoxicating wine and 3.2% malt liquor license. for Pizza, Pasta& Ice Cream,Too at 8332 State Highway 7. II The motion passed 7-0. 6b. Byerly's request for on-sale wine and 3.2% malt liquor Jeff Mauer, manager of Byerly's, was present to answer questions. In answer to a question from Councilmember Latz, Mr. Mauer said the restaurant is open until 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. 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 Appelquist, seconded by Councilmember Jacobs,to approve the on-sale wine and 3.2 malt liquor licenses. The motion passed 7-0. 6c. Easement vacation- 3832 Joppa Ave. So, Ordinance 96-2077 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 Appelquist, seconded by Councilmember Jacobs,to adopt Ordinance 96-2077 entitled"An ordinance vacating a portion of the utility easement on Lot 9, Block 1, Minikanda Vista(3832 Joppa Ave. So.)to approve and authorize summary publication. The motion passed 7-0. 6d. Easement vacation- 1629 Ford Rd, Ordinance 96-2078 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 Sanger, to adopt Ordinance No. 96-2078 entitled"An ordinance vacating a portion of the utility easement on Lot 29, Block 1, Cedar Knoll Manor Fourth Addition(1629 Ford Rd.),to approve and authorize 111 summary publication. The motion passed 7-0. 169 PETITIONS,REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Tobacco ordinance - First reading Councilmember Latz said the Council had studied ways to reduce or eliminate youth access to tobacco products. He said the City had received a number of calls in support of this action and he wanted on record the comments of Attorney General Hubert Humphrey from whose letter he read. It was moved by Councilmember Latz,seconded by Councilmember Sanger, to waive first reading of the ordinance and set second reading for November 4, 1996. Councilmember Sanger said one of the reasons why she worked to initiate this ordinance was not only to cut down on teenage/minors access to tobacco, but because of all the studies that show that most people who smoke started as a minor. By preventing minors from gaining access to cigarettes, it is hoped more people will be prevented from smoking as adults. Also it will help to clean up some of the second-hand smoke to which everyone is subjected. She read into the record a letter she had received from Dr. James Reinhardson, Chief Executive Officer of HealthSystems Minnesota expressing his support of the City's action on this ordinance. Tom Scott, Minneapolis, a pediatrician with Health Partners, voiced his encouragement for adoption of the ordinance. Richard Ashley, 3963 Natchez,voiced his support, as did Michael Hindin, 7708 W. 13 1/2 St. Bruce Niemer, 34th St., Stuart Hanson,M.D.,Park Nicollet Medical Clinic The motion passed 7-0. 8b. 1996 Neighborhood Revitalization PILOT Program grant applications Resolution 96-157 Councilmember Young said he would be asking in his motion that the request from the Westwood Hills neighborhood group be added back in. He thought the neighborhood's desire to focus their application request for the Westwood Hills Nature Center, as the focal point of the area, was laudable. He felt the request for a computer-based software program to teach residents about nature did fit well with the kind of outcome the Council seeks from this grant effort. It was moved by Councilmember Young, seconded by Councilmember Jacobs,to adopt Resolution 96-157 entitled"Resolution approving the funding for the second round of the 1996 Neighborhood Revitalization Pilot Program grant applications and authorizing the Mayor and 170 { i • - City Manager to execute grant agreements with the neighborhoods"with the addition of the iWestwood Hills Neighborhood Association's $5,000 request as outlined in staff's report. Councilmember Latz felt the computer project was worthy; however he was concerned that after giving guidelines to the NRC and having them judge the request that we should abide by their decision. They determined that this request did not focus enough on neighborhood building activities and subsequently denied the request. Mr. Latz felt that it would be unwise for the Council to approve the request after they had made their decision. He thought if there were to be a broadening at some point in time of the focus and activities that Council would like to see funded, that ought to be considered and further direction be given to the NRC in selecting future grant requests. Councilmember Sanger commented that she had respect for the NRC's decision-making process and would not want the Council to get into a position of questioning this process; she also indicated that she has respect for the leadership of the neighborhood itself and if they decide this will most enhance their leadership skills, she was not sure the Council was in a position to say it won't. If this request were looked at from the perspective that the volunteers who will be working on developing the computer program and then teaching it to people,she could see that as contributing to the leadership skills of those in the neighborhood providing it. For that reason she would be supporting the ordinance with the suggested addition. Councilmember Appeiquist hoped that as this process moves along the Council, in approving projects, thinks in terms of benefits to the immediate neighborhood as well as have a community- wide impact. The motion passed 6-1 (Councilmember Latz opposed). 8c. Acquisition and sale of real property to Habitat for Humanity Ordinance No. 96-2078 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger,to adopt Ordinance 96-2078 entitled"An ordinance relating to the acquisition and sale of real property to Habitat for Humanity, a non-profit organization(3536 Texas Ave.)"to approve summary and authorize its publication. The motion passed 7-0. 8d. Minor amendment to Park Place Plaza final PUD Resolution 96-158 Greg Madsen, Ryan Company, explained they were requesting temporary painted concrete block facade on a portion of the PetSmart building and allow a lower building height for unassigned Retail 1 space. I 171 Councilmembers were in agreement that the Class 1 (brick) material should be used now instead of painted concrete block. The allowance of a lower building height was acceptable. I It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to deny the request for temporary painted concrete block facade. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 96-158 entitled"A resolution rescinding Resolution No. 96-89 approved on June 3, 1996 and approving a final Planned Unit Development(PUD) under Section 14:6-7 of the St. Louis Park Ordinance Code relating to zoning for property zoned C-2, General Commercial District, located at 5600, 5640, 5680, 5700 5800 and 5900 Cedar Lake Road; and 1620, 1650, 1690 and 1700 Park Place Blvd.; and 5601, 5699 and 5799 W. 16th St. and 1625 Zarthan Ave. (total site formerly known as 1625 Zarthan Ave.)." The motion passed 7-0. 8e. Certification Administrative Fee and Waiver fog Resolution 96-159 Passage would permit a$25 administrative fee for delinquent water, sewer, garbage,tree 11 removal, grass and weed cutting and nuisance abatements. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger,to adopt Resolution 96-159 entitled"A resolution amending Resolution 85-85 establishing assessment policies for improvement projects." The motion passed 6-1 (Councilmember Latz opposed). 8f. .Dissolution of Westliennepinliuman Services Planning.Board and participation in financial plan to close out the agency effective January 31. 1997 Resolution 96-160 It was moved by Councilmember Jacobs, seconded by Councilmember Young,to adopt Resolution 96-160 entitled"Resolution declaring intent to dissolve relationship with West Hennepin Human Services Planning Board effective January 31, 1997 and providing for its orderly dissolution." The motion passed 7-0. 8g. Deferred to follow 11d. REPORTS FROM OFFICERS,BOARDS, COMMITTEES III9a. Amendment to Neighborhood Revitalization Commission By-Laws 172 Amendment adds new Article II relating to the membership of the Commission and renumbers Articles II through VII to III through VIII. 'By consent, Council approved the Rules of Procedure as written. 9b. Minutes: Housing Authority 9c. September financial report By consent, 9b and 9c were received for filing. UNFINISHED BUSINESS 10a. Boards and Commissions No business NEW BUSINESS 11a. Variance appeal: 4237 Quentin Ave. Mr. Meyer said the applicant who is out of town asked that the matter be deferred to November 4, 1996. It was moved by Councilmember Jacobs,seconded by Councilmember Young,to defer this matter to November 4, 1996. The motion passed 7-0 11 b. J.ec Center Renaissance change orders It was moved by Councilmember Jacobs,seconded by Councilmember Appelquist,to approve and authorize execution of the change orders. The motion passed 7-0. 11C. • . + • 1 • • - • • Yi • 1 1 . • • UV 11 • •• • a• 1 eon-union positions, Resolution 96-161 It was moved by Councilmember Jacobs, seconded by Councilmember Appeiquist, to adopt Resolution 96-161 entitled"Resolution establishing City contribution toward employee cafeteria benefits plan for non-union, supervisory and non-supervisory employees for 1997 and amending Resolution 95-170." The motion passed 7-0. 111 173 I Id. Rec Center Renaissance: Award for bid_categgry C-28 (Fire Protection) In answer to a question from Councilmember Sanger, Mr. Gears said this was the only bid received for this service. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to designate Falcon Fire Protection as the lowest responsible bidder for fire protection equipment and to authorize execution of a contract in an amount not to exceed$101,910. The motion passed 7-0. **It was moved by Councilmember Jacobs, seconded by Councilmember Sanger that Council recess to an executive session to discuss item 8g ,Approval of 1996/1997 labor agreement between the City of St. Louis Park and Law Enforcement Labor Services (LELS)Local#218. Present at the executive session were Mayor Dorfman, Councilmembers Jeff Jacobs,Jeff Appelquist, Sue Sanger, Ron Latz, Robert Young and Jim Brimeyer; City Attorney Gary Fuchs; City Manager Mr. Meyer, Deputy City Manager Ms. Kutzler, Personnel Officer Mr. Wysopal and Council Secretary Ms. Larsen. The Council reconvened in chambers. 8g. Approval of 1996/1997 labor agreement between the City of St. Louis Park and Law Enforcement Labor Service (LELS) Local#218 - Resolution 96-162 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 96-162 entitled"Resolution approving the labor agreement between the City of St. Louis Park and Law Enforcement Labor Services Local #218 establishing wages,benefits and terms and conditions of employment for 1996 and 1997." The motion passed 6-1 (Councilmember Brimeyer opposed) MISCELLANEOUS 12a. Special City Council meeting to canvass election returns. It was moved by Councilmember Jacobs,seconded by Councilmember Sanger, to set a special meeting to canvass the election returns for Tuesday,November 12, 1996 at 7:00 p.m. The motion passed 7-0. 12b. Communications from the Mayor Mayor Dorfman thanked all who participated in the charrette process for the Town Center. 174 12c. Communications from the City Manager None. 1 CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claim By consent the list of verified claims prepared by the Finance Director dated October 22, 1996 was approved and payments authorized. 14. The meeting adjourned at 9:20 p.m. _oLt.(Mayor Dorfman if/ 41M4 (1-1/ Recording Secretary 175