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HomeMy WebLinkAbout1996/05/20 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 20, 1996 1 Call to order Dorfman Mayor _— called the meeting to order at 7.40 p.m. 2. Presentations Representatives Steve Kelley and Jim Rhodes spoke briefly on the recently-adjourned legislative session. Mayor Dorfman, on behalf of the Council, publicly thanked them for all they did in the recent session for the City of St Louis Park highlighting the Paid-on-Call program in the Fire Department; gain of a 30% reduction in the LGA/HACA penalty for the Excelsior Blvd. TIF District, creation of a new Housing Improvement District which will assist in fighting housing deterioration in the City, funds from the Mighty Ducks fund for a second sheet at the ice arena; and for monies from the Livable Communities Act enabling the City to undergo planning for Town Center Mayor Dorfman presented a proclamation to Mike Rardin, Director of Public Works, in honor of II Public Works Week. 3 Roll call The following Councilmembers were present Jeff Jacobs, Jeff Appelquist, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer and Gail Dorfman Also present were the City Manager(Mr Meyer); Deputy City Manager(Ms Kutzler), City Attorney (Mr Popham), Director of Community Development (Mr Harmerung), Economic Development Coordinator(Mr Anderson); Director of Public Works (Mr Rardin); Police Chief (Mr Mitchell), Planning Coordinator(Ms Erickson); Director of Parks and Recreation(Mr Gears) and Fire Chief(Bob Gill). 4. Approval of minutes May 4, 1996 - An addition to the minutes was suggested: Add that Chris Nelson had previously been interviewed Minutes approved as amended May 6, 1996 - In item 6b, 2nd paragraph, add"St Louis Park" after Shakopee Minutes approved as amended. 5 Approval of agenda 90 City Council meeting minutes May 20, 1996 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda for May 20, 1996 The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist, to approve the agenda for May 20, 1996 The motion passed 7-0 PUBLIC HEARINGS 6a. Special Services District #1 Mayor Dorfman explained legislation was passed allowing for the creation of Special Service Districts which will help to finance a range of maintenance improvements in designated commercial areas such as snow removal, decorative lighting, banners, planting of shrubs/flowers, generally enhancing the aesthetics of the particular district Mr Anderson provided further information on this District #1 He said the process to establish a District is two-fold (1) adopt an ordinance which establishes the District; and (2) adopt a resolution which establishes a fee structure for the District Tonight first reading of the ordinance is under consideration to be followed on June 3, 1996 with second reading of the ordinance and adoption of the resolution. Fred Atkinson, Park Nicollet Medical Center, said he was very pleased and supportive of the program He commended City staff for all their hard work in pulling this together There being no one else wishing to speak, Mayor Dorfman closed the public hearing subject to the right of Council to later reopen the hearing and continue it to a future date Mayor Dorfman asked if a local business owner who is participating in the Special Service District should sell his business, does the new owner automatically assume the new service district fee. Mr. Anderson said that was correct Councilmember Jacobs asked if the service charge will be found on the tax statement so the new owner would be aware of it, i e , it doesn't run with the land , it runs with the tax statement Mr. Anderson said that was correct Councilmember Sanger asked if there was a property in the vicinity of the District, presently exempted from the Special Service District fees, but later the land use reverts to one which is covered, how will those persons be notified that they are covered by the District, i e would they have advance notice 91 City Council meeting minutes May 20, 199 Mr Anderson responded that State Statute provides that the District can be amended from time to time Properties in the future that may qualify could be added through the amendment process Steve Kaye, attorney, said only the properties that are presently identified are subject to the service fee for the balance of the term. At a later date, in order for a property that is not currently subject to the charge to become subject, the amendment procedure would have to be gone through. Similarily, there is some talk about creating an adjacent District and some new legislation that might enable the City to bring in other types of properties such as residential properties in addition to the commercial But for now it's just those properties currently identified. Councilmember Latz asked if the amendment process would allow at some point extension of the District down Excelsior Blvd. if other commercial properties further east are interested in participating. Mr. Anderson said options do exist. the District could be amended and extended which would require a process in which owners would petition, the other option would be for a whole new Special Service District to be created independent of this District #1 and operated in a similar fashion It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve first reading and set second for June 3, 1996. Councilmember Appelquist said he would abstain from this vote because of a conflict of interest. The motion passed 6-0-1. 6b Amendment to continued Special Permit: Holiday Inn, 9970 Wayzata Blvd Resolution 96-74 Mr. Harmening said this request was for the construction of an equipment building including antenna on its property. David Larson, U S West, was present to answer questions There being no one else wishing to speak, Mayor Dorfman closed the hearing subject to the right of Council to later reopen it and continue it to a future date. Councilmember Sanger assumed that with the proliferation of telephone technology, the City would be receiving more requests for this type of antenna and wondered whether any additional Code provisions were needed to govern this Mr Harmening responded there would probably be additional requests. In its review, staff did not 92 City Council meeting minutes May 20, 1996 note any real difficulty in terms of making sure the public health, safety and welfare was taken into II consideration as a part of approving this, however, this request, being located in a commercial district, didn't have the same sensitivities as if it were going to be located in a residential district. Staff plans to look at the Code to ensure that if additional antennas are requested the City is well protected particularly as regards residential districts. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 96-74 entitled"A resolution rescinding Resolution 86-56 adopted on May 5, 1986 and granting a continued Special Permit under Section 8-6 4 of the St. Louis Park Ordinance Code relating to zoning to allow construction of an equipment building to an existing 198-unit hotel and Class I Restaurant on property zoned"0" Office District at 9970 Wayzata Blvd." The motion passed 6-0-1 (Councilmember Young abstained). 6c. Paragon Cable - Extension of franchise for 6 years Reg Dunlap, Civic TV Coordinator, gave a brief overview This ordinance amendment acknowledges Paragon Cable's early upgrade of the cable system to 550 MHz and allows a six- year extension of the current franchise ordinance. Mark Hammerstrom, Paragon Cable, thanked the Council, Cable TV Commission and City staff for their assistance in moving the process forward. There being no one else wishing to speak, Mayor Dorfman closed the hearing with the right of Council to later reopen it and continue it to a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve first reading and set second for June 3, 1996 The motion passed 7-0 PETITIONS,REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance Motorized golf carts Ordinance No 96-2064 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Ordinance No. 96-2064 entitled"An ordinance amending Chapter 10 of the St Louis Park 93 City Council meeting minutes II May 20, 1996 Municipal Ordinance Code by adding Part 9, including Sections 10-901, 10-902, 10-903, 10-904, 10-905, 10-906 and 10-907, related to the operation and regulation of motorized golf carts upon the roadway of designated streets within the City of St. Louis Park " The motion passed 7-0. 8b Second reading of ordinance re amendment to Municipal Code Part 4 (licensing) - Amusement and Entertainment related to sexually-oriented businesses Ordinance 96-2065 Mr. Harmening said staff is recommending deferment of this item to June 3, 1996 Since first reading, staff has had discussions with the City Attorney and it was felt second reading should be held to allow staff more time to assess how this licensing ordinance would relate to existing businesses in the City It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to defer to June 3, 1996. The motion passed 7-0 8c Second reading of ordinance re temporary on-sale liquor licenses Ordinance 96-2065 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Ordinance No. 96-2065 entitled "An ordinance amending the St Louis Park Municipal Code related to temporary on-sale liquor licenses" The motion passed 7-0 8d. Second reading of ordinance relating to commercial vehicles in residential districts Ms. Erickson explained staff's request for deferral was based on handling of commercial and recreational trailers in residential districts. Should they be handled as outdoor storage rather than as commercial/recreational vehicles; also the issue of parking commercial vehicles on public streets -- currently prohibited in the Ordinance except when they are servicing a residential use Staff wants to have more discussion on these two areas before seeking Council approval It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to defer the matter to June 3, 1996 The motion passed 7-0 94 City Council meeting minutes May 20, 1996 8e. Second reading of ordinance amending the Zoning Ordinance sections regulating sexually-oriented businesses Ordinance 96-2063 David Gronback, attorney for Fantasy House was present He felt that the proposed ordinance would be struck down by the courts if it goes to litigation He suggested that without some evidence of harm or neighborhood deterioration or some kind of secondary effect, what is being proposed is an ordinance that will go to court and result in a lot more money being paid to counsel for the City as well as himself Alyce Tencate, Glenhurst Ave, also spoke She thanked the City and staff for working so diligently on this issue She said she was aware of several families who have moved from the City because of Fantasy House being located here. She asked for staff's continued diligence and perserverance in removing this and any other similar businesses out of the community Despite the fact that he felt in some instances Mr. Gronback might be right, Councilmember Jacobs moved and Councilmember Young seconded to adopt Ordinance No. 96-2063 entitled "An ordinance amending the St Louis Park Ordinance Code relating to zoning by amending Sections 14 5-3, 14 5-5.2, 14 5-5 3, 14 5-6 2, 14.5-7 2 and 14 5-7.3 related to sexually oriented businesses." The motion passed 7-0. 8f Approval of contract with MSA- Excelsior Blvd improvements Resolution 96-75 It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist, to adopt Resolution 96-75 entitled"Resolution authorizing execution of agreement with MSA consulting engineers for consulting services related to roadway and streetscape improvements on Excelsior Blvd between France Ave. and Monterey Dr, Project 96-22." The motion passed 7-0. 8g. Resolution providing payment by State to City for acquisition of landscape materials Resolution 96-76 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-76 entitled"Resolution authorizing payment by the State to the City for landscape materials relating to T H 100 " The motion passed 7-0 95 City Council meeting minutes May 20, 1996 8h Pay/performance bonus schedules - Paid On Call firefighters Resolution 96-77 Chief Gill said 16 of the candidates were downstairs beginning their psychological evaluation;job offers have been made to 22 individuals; he expected that by early June all the background tests and physical testing on the first 20 candidates will be completed and they will be ready for swearing in Councilmember Jacobs commended Chief Gill and the staff on the outstanding job of making this program a reality. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-77 entitled"A resolution amending the classification and compensation plan to include paid-on-call firefighters and amending Resolution 95-170 effective June 1, 1996." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES w'. • 9a. Release from moratorium of properties Meadowbrook/Excelsior Blvd Mr Meyer said this issue concerned the property just west of Meadowbrook Manor and its consideration for continuance or release from the moratorium and the development of open space. Staff believed that given the timing it was felt necessary in order to put together the purchase agreement with no other purchasers on the horizon that could move more quickly, the City probably would not be put in a position to not be able to put in a timely offer. It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist to remove the parcels at 3985 Meadowbrook Rd. and 7100, 7200 and 7250 Excelsior Blvd from the Park and Open Space moratorium and authorize staff to continue to work toward a purchase agreement with the property owner Councilmember Sanger was concerned about the implications of this for other property owners who may own parcels which are currently still subject to the moratorium If this item is approved, would the City be setting itself up for other alleged claims of financial hardship from other property owners Mr Gears agreed this was a precedent-setting action but could not judge how it may affect other properties currently under the continued moratorium. His department has only heard from 1 of the 6 properties still under the moratorium He was sure the Council would want to take into consideration the issue of precedent setting when making any further decisions 96 City Council meeting minutes May 20, 1996 Councilmember Young was concerned about this action He was in favor of removing the property from the moratorium, his concern was the recommendation to continue to work towards a purchase agreement for the property He was concerned about the City going out and buying property before finding the proper source of funding He would really like to see the properties determined to be not needed for park and open space sold off first and if some real money is realized, then we can start looking at buying property He would support this item because he wanted the property off the moratorium, but he was not supportive of the second part of the motion Councilmember Jacobs shared Councilmember Young's concerns in terms of where the money is coming from. The intent of his motion was to continue to negotiate for a price for this particular property. Before a purchase agreement is signed for this or any other property, he would like staff to come up with an adequate funding source If Council so desired, he would split the motion into two parts Councilmember Dorfman assumed Council would have the right to remove this property from the moratorium and to direct staff not to do any negotiations until the funding piece is in place • Councilmember Latz had two questions (1) whether or not staff and/or Mr. Noory Shokry explored any other ways to protect the interests in the property short of it being released from the moratorium, i.e the concern about not being able to refinance the forthcoming balloon payment; and (2)this apparently is the only open space that is available in this portion of the City, Meadowbrook in particular. What happens if it is released from the moratorium, Mr Noory Shokry is able to consummate a sale to some party other than the City-- is that an alternative for open space for the City, can the City go in with an eminent domain claim, what are the risks? And what was the chance of coming up with some creative financing to solve this dilemma. Mr Meyer said the other option explored was to acquire a purchase option which would have protected the City's interest That has not been successful In answer to Councilmember Latz' second question, Mr Harmening said there certainly was the possibility that a prospective property owner could enter into a purchase agreement for the site presumably with the intent of development. Should that happen, the application would be handled in the usual procedural fashion Councilmember Brimeyer felt it was understood there is some park need in this area, perhaps the only place left in the City With that in mind, the issue of value needs to be determined. Where do we want to end up and how to get there. Maybe a reasonable option or any other kind of land transaction is the way to go, or maybe dividing it and developing part of it. He felt options should be explored with the objective to get some park and open space in relationship to Meadowbrook I 97 City Council meeting minutes II May 20, 1996 He would vote in favor of releasing this property from the moratorium and directing staff to proceed with this parcel or any other parcel that might be available and come back with financing options He didn't think it could be said the City won't buy anything until all the money from the sale of the land or the other properties is in hand The motion passed 5-2 (Councilmembers Latz and Sanger opposed). 9b Traffic Study 510 Traffic controls at W 27th/Dakota Ave Cathryn Braeback, 2728 Dakota Ave., Daryl Dressen, 2720 Dakota, Pat Slatery, 2712 Dakota, Mike Braeback, addressed Council with their concerns about the traffic at this intersection and the need for stop signs Councilmember Sanger said the neighborhood petition has been pending with the City since June of 1995 and it has taken way too long to get this resolved. She was fully in support of the request based on the testimony of the speakers and the danger created by too much traffic and speeding cars at this intersection right in front of a park. She alluded to the City Council's upcoming ., . . ' discussion re creating a policy criteria that would look at stop signs as a whole in the community and felt this a wise move She did not think this request should be delayed'just because Council has recently come to the conclusion they needed a policy , Councilmember Young felt there was a policy in place which may or may not need further work. What is being said tonight is, if the existing policy is not what Council wants, a new one is needed He felt the question, What is a good reason for a stop sign?, really needs to be addressed. He believed relevant criteria needed to be set forth proximity to a park and/or school, etc., at which point warrants would not be the deciding factor for placement of controls. Councilmember Jacobs preferred to defer the issue until Council had a better sense of where they wanted to go with this, because stop signs have been installed throughout the City that don't make any sense, and he did admit he voted for them usually.The current policy doesn't seem to make sense in every circumstance-- a more consistent policy is needed for potential exceptions to that policy He wanted to note the stop sign is not being denied at this point -just that further exploration of policy is needed. Mayor Dorfman felt it was not fair to hold this neighborhood hostage to this transition, they came to the Council a long time ago and she felt they were being penalized now because Council is in transition in terms of the policy Councilmember Appelquist asked what are the factors that are evaluated during a traffic and engineering investigation and specifically in this case, why didn't this intersection meet the criteria 98 �,' .tip , City Council meeting minutes May 20, 1996 Mr. Rardin said he did not have the criteria before him but said the criteria changes depending on whether one is looking at stop sign requirements for a 2-way or 4-way stop. It's dependent on traffic (based on average daily traffic), pedestrians crossing the streets, accidents other than pedestrian/vehicle accidents, preventable accidents Councilmember Sanger said what disturbed her was the day the traffic study was done was a day just before school started, but just after all the sports programs wound down at the park. It seemed a reasonable possibility to her that the numbers would have been higher had the timing of the traffic study meshed more closely with why this request was even made. Councilmember Jacobs agreed and questioned the accuracy of the information obtained at the traffic study It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to do some traffic studies when school is in session, the buses coming in the morning and leaving in the afternoon and also when the park is being used. Councilmember Sanger did not want to see the issue dragged through the summer and into the fall to do a study when school was back in session. The motion passed 4-3 (Councilmembers Appelquist, Sanger, Dorfman opposed) 9c. Consultant agreement: Ground storage reservoir, 2936 Idaho Resolution 96-78 It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist, to adopt Resolution 96-78 entitled"Resolution authorizing execution of agreement with KLM Engineering for inspection services related to structural repairs, surface preparation and recoating of 1.5 million gallon steel ground storage reservoir located at 2936 Idaho Ave, Project 96-16A." Councilmember Sanger asked why the contractor was not held to quality standards. Mr. Rardin responded as far as he can determine there was no inspection done of the painting job and for whatever reason the City felt they would be saving money (he was not employed by the City at that time) Apparently it was hoped the contractor would do a credible job The motion passed 7-0 9d Consultant agreement Water reservoir recoating, 2936 Idaho Ave. Resolution 96-79 1 99 City Council meeting minutes May 20, 1996 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 96-79 entitled"Resolution accepting the City Engineer's report, ordering Improvement Project 96-16, approving plans and specifications and authorizing advertisement for bids for Improvement No. 96-16." , The motion passed 7-0. 9e Consultant selection. Public Works/Parks and Recreation management study Resolution 96-80 Councilmember Young said in looking over the background of the interested consultants there was no mention of the appropriateness of privatization. He wanted focus to remain on that concept as the City goes forward with this study It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 96-80 entitled"Resolution authorizing execution of a contract with Public Administration Service for consultant services for the 1996 Public Works and Parks and Recreation management study" The motion passed 7-0. 9f. Traffic Study 515 Parking restrictions on Excelsior Blvd at W 38th/Monterey Resolution 96-81 By consent adopt Resolution 96-81 entitled"Resolution authorizing parking restrictions on Excelsior Blvd at W 38th St and Monterey Dr." 9g. Railroad agreement Construction of a new railroad crossing on Cedar Lake Rd at Colorado Ave. Project 90-51, Phase II Resolution 96-82 By consent, adopt Resolution 96-82 entitled"Resolution authorizing execution of an agreement with the Soo Line Railroad for construction of a new railroad crossing under Project No. 90-51, Phase II " 9h. Void 9I Cooperative agreement Storm sewer construction. 8085 Wayzata Blvd. Resolution 96-83 100 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-83 entitled"Resolution authorizing execution of cooperative construction III agreement, storm sewer construction at 8085 Wayzata Blvd with the City of Golden Valley and JASA Investment Co. to correct a storm water drainage problem emanating from property located at 8085 Wayzata Blvd " The motion passed 7-0 9j Minutes Charter Commission May 9 9k. April 1996 financial report 91. Minutes Cable TV Commission April 22 9m Minutes. Planning Commission May 1 9n. Minutes Housing Authority April 9 9o. Minutes Human Rights Commission April 17 9p. Minutes Parks& Recreation Commission April 10 9q. Minutes- Board of Zoning Appeals, April 25 By consent, items 9j-9k received for filing UNFINISHED BUSINESS 10a Boards and Commissions It was requested letters of thanks be sent to Laura Daly and Scott Miller who have resigned from the Planning Commission and Parks and Recreation Commission, respectively It was moved by Councilmember Young, seconded by Councilmember Latz, to reappoint Eleanor Sachs and Gail Harris to the Neighborhood Revitalization Commission The motion passed 7-0. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to appoint Judith Moore to the Human Rights Commission and Tracey Secula to the Housing Authority The motion passed 7-0 NEW BUSINESS 11a. Request to solicit bids for Rec Center Renaissance Bid Package A 101 By consent, authorize solicitation of bids for Bid Package A 11b Change Order No 1 to Contract No 4057 with Midwest Asphalt Corp Cedar Lake Rd. construction, Phase II Resolution 96-84 It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 96-84 entitled "Resolution pertaining to Change Order No. 1 for Project 90-51, Phase II, Contract No 4057 " The motion passed 7-0 MISCELLANEOUS 12a. Damage claims _ Alan Overline, Terry Heinonen, Paul Reuben, Michael Merwin, Helen Miller, Calvin Lundquist, Betty Anderson By consent, claims referred to City Clerk and City Manager 12b Communications from the Mayor Mayor Dorfman noted the Children First ice cream social at Oak Hill Park was a success and hoped to see a repeat in the coming years 12c. Communications from the City Manager None. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims approved and checks authorized distributed in the following amounts: Vendor claims. $593,291.09 and payroll claims $18,672.82. 14. Adjournment The meeting adjourned at 9 45 p m. I I, - -4 \- • ,ktufht Mayor Gail 'orfman bAlt Recording Secretary 102