Loading...
HomeMy WebLinkAbout1996/11/18 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA November 18, 1996 1. Call to order • Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations None 3. Roll call y The following Councilmembers were present at roll call: Jeff Jacobs, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer and Gail Dorfman. Also present were the City Manager(Mr. Meyer); Deputy City Manager(Ms. Kutzler); Director of Community Development(Mr. Harmening); Director of Public Works (Mr. Rardin); Director of Parks & Recreation(Mr. Gears) ; Director of Inspections (Mr. Petersen) Engineering Superintendent(Mr. Moore) ; Finance Director(Ms. McBride) and Asst. Finance Director(Mr. Felton). 4. Approval of the minutes November 4. 1996 - There being no corrections, the minutes were approved as presented. October 14. 1996 study session-There being no corrections, the minutes were approved as presented. 5. Approval of agenda for November 18. 1996 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to approve the consent agenda for November 18. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to approve the agenda for November 18. The motion passed 6-0. PUBLIC HEARINGS None PETITIONS,REQUESTS, COMMUNICATIONS 185 7a. Variance Appeal - 5719 Goodrich Ave, II II Mr. Petersen said the R-3 zoning district does not permit any larger accessory structure than is permitted for a single-family home. If the applicant wishes to develop two two-car garages he would not be in compliance with the zoning ordinance. The Board of Zoning Appeals asked that the Planning Commission review the zoning ordinance requirements in the R-3 district and as yet there has been no reply back to Council from the Planning Commission. Also the variance request does not meet the requirements of State Statute in the opinion of staff. Councilmember Latz asked if it would be the intent of the applicant to proceed after the thaw. Mr. Martin said that was correct. Councilmember Latz was interested in seeing the recommendation of the Planning Commission and seemingly this would not create a hardship for the applicant as construction would be planned for next year. It was moved by Councilmember Latz, seconded by Councilmember Jacobs,to table until the Planning Commission has had an opportunity to review the request and that the process be commenced with the intent of returning to Council within 90 days. Also that the request for the 90-day extension be in the form of writing from the applicant. The motion passed 6-0. 7b. Variance appeal -2200 Florida Ave. So, Lynn Lent, 6739 Eliot View Rd., spoke on behalf of the Eliot Neighborhood Assoc. She noted there had been concern with vibration from the Shotwell Company since it moved into the neighborhood in 1991. They were supporting a postponement of the appeal to provide an opportunity for further investigation and testing. Mike Bloomquist, Shotwell Company,was in concurrence with Ms. Lent's comments. He passed out a written request that the matter be postponed until the second meeting in February, 1997. He said the company had just completed purchase of a laser which is a non-vibrating device which should alleviate the current problem with noise. It was moved by Councilmember Young, seconded by Councilrnember Jacobs to postpone consideration until the second meeting in February 1997 and direct staff to pursue the request for testing before that time. Councilmember Jacobs questioned if the two issues --variance appeal and vibration concerns-- could legally be tied together. Should this be done by separate motions. The motion to postpone passed 6-0. A second motion to direct staff to arrange for testing prior to the February date passed 6-0. 186 Nov. is, 1994, RESOLUTIONS AND ORDINANCES I'1 ' " 8a. Resolution supporting_railroad construction alternatives chosen by the affected neighborhoods Resolution 96-175 Mr. Petersen gave an update on acceptable alternatives to proposed railroad rerouting. John Basill, 6208 Oxford St., Tony Kranz, 7831 Edgebrook Dr. and Jeff Roy, 3233 Florida Ave. So. each addressed Council. They would like to see the resolution reflect that 13 neighborhoods were involved in this process. In the fifth Whereas, they would like to see added after the word "areas", add "both to the north and south with a minimal distance to existing homes which would unduly cause noise and vibration to adjacent residential properties."In the 4th whereas,the Creekside and Brookside neighborhoods were omitted. In the sixth Whereas relating to the proximity of the line to the high school, they wanted it noted stopping and switching at this location promoted additional danger. In the tenth Whereas relating to noise nuisance, they wanted to point out at this point it is the longest and loudest train noise traffic. It was the Task Force's feeling there should be no switching in St. Louis Park. They shared with Council a goal statement they would like to see incorporated into the resolution. It was moved by Councilmember Sanger, seconded by Councilmember Latz, to adopt Resolution ill96-175 entitled "A resolution rescinding Resolution 96-73 adopted May 6, 1996 and adopting a - resolution expressing support to the St. Louis Park neighborhoods and their identification of acceptable alternatives to the construction of proposed railroad routes." The motion passed 6-0. 8b. Tobacco ordinance - Second reading Ordinance No. 96-2080 Councilmember Sanger noted there had been conversation about including an exemption in the ordinance which would allow shops selling only tobacco and tobacco-related products from the requirements of the ordinance which would otherwise require that any shop selling tobacco products would have such products behind a counter in order to reduce if not limit access of minors to tobacco products. Her concern was that the staff report does recommend making this exemption. If the goal was to promote the public health, why should the City be more lenient with some shop owners than others. She would be opposed to the proposed amendment. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs to adopt Ordinance 96-2080 entitled"An ordinance relating to the sale of tobacco products and tobacco- related devices; Adding Section 13-1360 through Section 13-1368 and deleting Sections 11-112; 12-1404 and 13-1350 through 13-1354"as presented to Council on first reading. Mayor Dorfman noted there were three minor wording changes in the ordinance, and Councilmember Sanger said it was the intent of her motion that they be included. 187 Councilmember Latz said he had requested options be looked at to exempt specialty tobacco shops from this ordinance. He felt these kinds of shops selling only tobacco products,by carding and monitoring of customers, eliminate the problem of youth having access to tobacco such as at grocery stores, convenience stores and the like. He was somewhat troubled that alcohol can be sold, with restrictions, but not tobacco. He suggested finding some way to bring the ordinance back with tightened language that might allow the lawful products to be sold in the City while making sure youth are prevented access. He would support the motion because there is no history yet on how those communities allowing the exemption are faring. Councilmember Jacobs echoed Councilmember Latz's comments. His rationale was also the lack of history on the communities having the exemption. He hoped tabs would be kept on this for future Council consideration. v Julia Swearingin, 9430 Grey Cloud Island Dr., St. Paul Park, addressed Council. She was the owner of 4 smoke shops in the State. She spoke in favor of the shops and spoke of the tight controls that are maintained so that the products are not accessible to youth as opposed to the convenience stores. Josh Schwandin, Eric Svenson, Howard Epstein, Connie Wasley, Kevin Haglund all expressed their opinions on the ordinance. The motion passed 6-0. 8c. Creation of St. Louis Park Community Celebrations Task Force Resolution 96-176 Curt Londroche, 4008 W. 31st St., spoke in favor of the Party in the Park festival. He suggested coordination of timing of Rec Center opening and Party in the Park festival. David Payne, 3912 Excelsior Blvd., volunteered to serve on the Task Force and shared some of his ideas for an overall celebration. Joanie Clausen, mother of 1996 Ms. St. Louis Park,spoke of the great honor it has been for her daughter over the past five months. Rosemary Nally, 3521 Xylon Ave. So., addressed Council. She questioned why this was being proposed as a primary celebration,why one was put above all others. Douglas Thomas asked what the plan was for the fireworks. Mr. Gears said the only thing that had been discussed was the cost and the burden of raising funds each year to do fireworks. Ted Hogan saw this concept as an excellent opportunity for community-wide effort. It was his understanding that the effort this evening was to set up a Task Force to give input and direction for community-wide celebrations in the future. 188 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer to adopt Resolution 96-176 entitled"Resolution authorizing the creation of a community celebrations task force in St. Louis Park." The motion passed 6-0. ,Bonnie Blumberg, Party in the Park, was confused as to the Task Force vis-à-vis the Party in the .Park Festival. Councilmember Jacobs said it was not the intent of his motion that Party in the Park forego its 1997 festival, it was for the creation of a Task Force to discuss all of the issues It was moved by Councilmember Jacobs, seconded by Councilmember Young to create a Task Force to discuss all of the issues. The motion passed 6-0. Councilmember Sanger asked when the work of the Task Force would be completed with its proposals as to how the celebration will be formulated. Mr. Gears considered it to be a work in progress. Certain elements will have to be in place within - - two months as the opening of the Rec Center is scheduled for just six months away. I It was moved by Councilmember Jacobs, seconded by Councilmember Young,to delete the sentence "Party in the Park should forego its festival in 1997. The motion passed 6-0. Councilmember Sanger felt the addition of the words"to recommend a framework", deleting the word"develop" would be a clarification in the And Be It Further Resolved clause. Councilmember Jacobs accepted that as a friendly amendment to his motion The motion passed 6-0. 8d. Traffic Study No. 518 -permit parking restrictions onZarthan Ave. and bus parking only on W. Lake St. Resolution 96-174 Mr. Moore said staff had no problem with this request. Dennis Morris, 3251 Zarthan, said the neighborhood had some questions but did not want to delay action at this point. They would want double parking investigated. 189 Councilmember Sanger asked if the permit parking hours of 7:00 a.m. to 4:00 p.m., Monday through Friday should not be included in the resolution. Mr. Moore said staff would do so. Councilmember Sanger referenced the logistics of permitting. She asked how would residents get the permits, how many to a household,etc. Mr. Moore said there is a permit parking policy and the permits are kept in Public Works. There is a process by which residents will obtain permits and that temporary permits are also available. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt ' Resolution 96-174 entitled"Resolution authorizing"Permit Parking Only"on the east side of Zarthan Ave and"Bus Parking Only"on the south side of W. Lake St., Traffic Study 517" changing the last line to read Alabama instead of Zarthan and including the times for permit parking. r The motion passed 6-0. 8e. Traffic Study No. 517 - Limiting parking restrictions on Princeton Ave. Resolution 96-178 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 96-178 entitled"Resolution authorizing Two Hour Parking along the west side of Princeton Ave. from Excelsior Blvd. south 120 feet, Traffic Study 517." The motion passed 6-0. 8f. Traffic Study No. 520 - Parking restrictions - Phase H Cedar Lake Rd. and Edgewood Ave. cul-de-sac Resolution 96-179 It was moved by Councilmember Young, seconded by Councilmember Jacobs,to adopt Resolution 96-179 entitled"Resolution authorizing parking restrictions on Phase II of Cedar Lake Road project and permit parking on the Edgewood Ave. cul-de-sac." Councilmember Sanger asked how the locations are selected for No Parking designations. Mr. Moore responded that this involves safety issues wherein the roadway goes from 2 lanes to 4 lanes. The motion passed 6-0. 8g. HealthSystemjvlinnesota_Park Nicollet Clinic final PUD for a portion of Phase H Tower Place at 3850 Park Nicollet Blvd, II Resolution 96-180 190 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-180 entitled"A resolution 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 "0"Office located at 3850 Park Nicollet Blvd." Mayor Dorfman asked about this project's compatibility with the Town Center project. Mr. Harmening said staff believed it to be compatible and the City's vision for this concept. Actually, this project was anticipated to be done as a part of Town Center's Phase I development. The motion passed 5-0-1 (Councilmember Brimeyer abstained) 8h. CDBG agreements witltSuburban_ lliance and Sustainable Resource System Resolution 96-181 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-181 entitled"Resolution terminating the Urban Hennepin County Community Development Block Grant Program Third Party Agreement for Project 56-153 between the City of St. Louis Park and Suburban Alliance and authorizing the Mayor and City Manager to execute a new Third Party Agreement with Sustainable Resource Center for Project#56153." The motion passed 6-0. 8i. Resolution accepting an offer for the sale of$9.570.000 G.O. Tax Increment Bonds Resolution 96-186 Mr. Inman, Ehler& Associates, briefly described the bid results. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 96-186 entitled"Resolution accepting an offer for the sale of$9,570,000 General Obligation Tax Increment Bonds." The motion passed 6-0. 8j. Resolution levying assessment for delinquent fees Resolution 96-182 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-182 entitled"Resolution levying assessment and reassessment for delinquent water/sewer/refuse, tree removal/injection, grass/weed cutting and waterline repair." The motion passed 6-0. Councilmember Sanger asked what the significant dollar increase this year was attributable to. 191 Mr. Felton responded that the dry summer was probable the main cause with households using more water. Mayor Dorfman asked how this year compared to previous years in terms of the number of delinquencies. Mr. Felton said it was comparable. The City Manager said a new plan is suggested to provide an alternative to relevying these delinquencies wherein a payment plan is utilized. Should a customer fail to live up to the terms of the payment plan,relevying occurs without a hearing and publication. 8k. Authorization of an agreement between the City of St. Louis Park and Tautges, Redpath& Co for audit services Resolution 96-183 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger,to adopt Resolution 96-183 entitled"Resolution authorizing agreement between the City of St. Louis Park and Tautges, Redpath& Co. for audit services." 81. Second reading of ordinance establishing water/sewer/utility rates for 1997 Ordinance 96-2081 Recommended increase of 3% for 1997 It was moved by Councilmember Jacobs, seconded by Councilmember Young,to adopt Ordinance 96-2081 entitled"An ordinance amending the St. Louis Park Municipal Code related to the 1997 water rates, Section 9-101 and the 1997 sewer rates, Section 9-231." The motion passed 6-0. 8m. Void 8n. Void 80. Right-of-way acquisition on Excelsior Blvd. for 1997 Streetscape Project Resolution 96-184 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-184 entitled"Resolution authorizing the acquisition of certain properties by purchase or eminent domain." The motion passed 6-0. 8p. Special assessment of fire sprinkler system at 3312 Gorham Resolution 96-185 192 By consent, adopt resolution 96-185 entitled"Resolution authorizing installation and special assessment of fire sprinkler system at B.A.E. Leasing, Inc." REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Planning Commission minutes October 16. 1996 9b. Financial report for October 1996 Items 9a and 9b received for filing by consent. UNFINISHED BUSINESS 10a. Town Center design team recommendations Mr. Harmening discussed the next steps in the process which include visits with various stakeholders in the community gathering their input. adoption by Council of a concept plan and an implementation plan. Other steps to be taken, under the Livable Communities grant, include zoning modifications (text amendments), conduct a transit circulator feasible analysis, market analyses. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to accept the concept plans and direct staff to solicit feedback from interest groups'and City commissions and continue to analyze and refine the plans and proposed implementation policies. The motion passed 6-0. NEW BUSINESS • 11a. Liquor license renewals - 1997 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer,to approve the licenses as recommended in staffs report. The motion passed 6-0. 11 b. Request for lawful gambling license - Church of the Good Shepherd Request to conduct a raffle on February 8, 1997 at Knights of Columbus. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs,to approve the gambling license exemption for Church of the Good Shepherd and waive the 30-day waiting period. The motion passed 6-0 193 - • MISCELLANEOUS No business I CLAIMS,APPROPRIATIONS,CONTRACT PAYMENTS 13a. Verified claims By consent, approve the list of verified claims prepared by the Director of Finance, dated November 18, 1996 and authorize distribution of checks. BOARDS AND COMMISSIONS No appointments COMMUNICATIONS 15a. From the Mayor December study session- Monday, Dec. 23 was selected. 15b. From the City Manager No business 16. Adjournment The meeting adjourned at 10:10 p.m. c —/ / .. l ! �� ` ayor Dorfman R ording Secretary 1 194