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HomeMy WebLinkAbout1996/06/03 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 3, 1996 1 Call to order Mayor Pro Tem Jacobs 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, Jeff Appelquist, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer Also present were the City Manager(Mr Meyer), City Attorney(Mr Popham), Director of Community Development (Mr. Harmening), Economic Development Coordinator (Mr Anderson), Deputy City Manager(Ms Kutzler), Director of Public Works (Mr Rardin), Planning Coordinator (Ms Jeremiah) 4 Approval of minutes May 13 study session Councilmember Sanger noted the following corrections pg 3, change traffic combing to traffic calming, change speed bumps to speed humps, under Twin Lakes dredging, change"she felt" to "she had been advised", change should to could, partial dredging was one among many other options, revisit the issue in June rather than August Minutes approved as amended May 20 Council meeting First line change Hanks to Dorfman Minutes approved as corrected 5 Approval of agenda for June 3, 1996 It was moved by Councilmember Young, seconded by Councilmember Appelquist, to approve the consent agenda The motion passed 6-0 It was moved by Councilmember Latz, seconded by Councilmember Appelquist, to approve the agenda with the addition of 8L Ordinance amending the Cable TV Franchise, and deletion of item 8G Ordinance amending the Home Rule Charter Purchasing and Bids - How let This item will be a public hearing on June 17, 1996 103 Minutes City Council meeting - June 3, 1996 PUBLIC HEARINGS None PETITIONS, REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a Resolution amending Special Assessment policy Resolution 96-85 It was moved by Councilmember Latz, seconded by Councilmember Bnmeyer, to adopt Resolution 96-85 entitled "A resolution amending Resolution 95-34 establishing assessment policies for improvement projects" The motion passed 6-0 8b Void I 8c Minor amendment Knoliwood Mall - No Name Pizza. Applebee's (exterior elevations) Resolution 96-86 It was moved by Councilmember Brimeyer, seconded by Councilmember Latz, to adopt Resolution 96-86 entitled"A resolution rescinding Resolution 95-104 adopted on August 21, 1995 and amending a continued special permit under Sections 14.8-6 4 and 14 5-5 3(D)(4) of the St Louis Park Ordinance Code relating to zoning to allow changes to the exterior elevations for two approved restaurants with liquor for property located in a C-2 Commercial District at 8332 State Hwy 7 " The motion passed 6-0 8d Second reading of ordinance amending Zoning Ordinance Treatment of commercial vehicles in residential districts It was moved by Councilmember Sanger, seconded by Councilmember Young, that this item be referred to the Planning Commission Councilmember Young noted the next Planning Commission meeting will be on Wednesday, June 19, 7 00 p m in the Chambers for anyone wanting to comment or question 104 Minutes - City Council meeting June 3, 1996 The motion passed 6-0. 8e Second reading of ordinance amending the Municipal Code Licensing of sexually- oriented businesses It was moved by Councilmember Appelquist, seconded by Councilmember Brimeyer, to defer this item and place it on the June 10 Council study session agenda. The motion passed 6-0 8f Second reading of ordinance establishing Special Service District#1 Ordinance 96-2067 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Ordinance 96-2067 entitled "Ordinance authorizing creation of Special Service District #1 " to approve the summary and authorize summary publication. The motion passed 4-0-1 (Councilmember Appelquist abstained; Councilmember Young out of chambers). 8 f(a). Resolution establishing fees for Special Service District #1 Resolution 96-87 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution 96-87 entitled "Resolution imposing a service charge for Special Service District #1 " The motion passed 4-0-1 (Councilmember Appelquist abstained; Councilmember Young out of chambers) 8g. Removed from agenda- deferred to June 17, 1996 8h Historically Underutilized Business Enterprises (HUBE) policy Resolution 96-88 Councilmember Appelquist said this was discussed while he was chair of the Charter Commission and he recommended adoption of the resolution implementing the changes Councilmember Young had some concerns re Barrier 3 which he felt tells competitors they might have to sell their product to a HUBE and then HUBE sells it to the City He preferred this clause be removed 105 Minutes - City Council meeting June 3, 1996 Councilmember Bnmeyer said it would result in increased costs as the vendor will add his markup. He asked if this was agreeable to the Charter Commission Councilmember Appelquist said that it was Mr Meyer, for clarification, said he did not believe the concern was this would cause a markup to the City, rather when a HUBE is entering into a contract with the City, if the City can get a supply at a lesser cost than the small business can because of a larger relationship the City has, the City would be in a position to extend that pricing, or ask the vendor to extend that pricing to that small business. This serves to put the RUBE in a more competitive position and would not cost the City anymore money It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt Resolution 96-88 entitled "A resolution of the City of St. Louis Park City Council adopting the proposed equal opportunity purchasing program as part of the City's purchasing procedures." The motion passed 5-1 (Councilmember Young opposed) 8I Final PUD and plat approval. Ryan Companies Resolution 96-89 Bill McHale, Ryan Construction, addressed Council. He agreed with the resolution as drafted and spoke to a question relating to Arby's increase in size between the preliminary and final plat. He did not see any material difference in this request, and believed staff was comfortable with this increase He also addressed the monument sign planned for 16th/Park Center Blvd. He showed an overhead of what is planned - a knee wall with flowers planted in front. Ms. Jeremiah gave a brief overview of the project. She briefly touched on the changes that had come up since preliminary approval including an increase in the Arby's plan by some 850 sq. ft. Other changes relate to Home Depot, minor changes to the entrances, additional use of their signature orange color, additional screen walls Mr Harmening noted all necessary documents relative to easements, etc have been signed with the exception of the Home Depot documents There was a letter in front of Council from Home Depot's attorney which speaks to that issue Staffs recommendation presents two options. (1) Defer the matter to a subsequent meeting until the fully executed agreements from Home Depot are received , or(2) Approve the resolution of the Final PUD conditioned on Home Depot executing the necessary documents Councilmember Sanger expressed her displeasure with item J of the resolution Her concern is that any future development in the northwest portion of the quadrant would be treated as a minor amendment and not be required to go to the Planning Commission or be heard at a public hearing. 106 , Minutes - City Council meeting June 3, 1996 She objected to this as being contrary to all notions of fairness to the community. She preferred that this be amended to provide that this be treated as a major amendment in the event the developer wishes to come in with plans for that portion of the property Ms Jeremiah explained the two ways future phases could be considered The Council had the right to call a public hearing but it was not a requirement to do that or to go to the Planning Commission Any off-site impacts expected, in addition to those analyzed at this point, would require going to the Planning Commission and thereafter a public hearing would be held. Councilmember Sanger asked who makes the determination of impacts, she did not want to leave to staff's discretion any decisions on what is or is not an unanticipated impact on the surrounding neighborhood For that reason, there should be Planning Commission input. And importantly, the neighborhood would need notice so they could also get involved. Councilmember Brimeyer agreed and questioned why that would not be done at the appropriate time. He could not imagine the Council, in the event something different was proposed than what was thought, would adopt it without notification to the neighborhood That has never been a practice of the City Council and he could not envision it being changed now To clarify, Ms Jeremiah said the way the resolution is written now, staff may make a determination that a request is a minor amendment and it would come to the Council and if that body disagreed, it could refer it back to the Planning Commission. Councilmember Latz spoke on behalf of some efficiency in this process, i e. if a request is minor in nature, he didn't see the need for it to be sent to the Planning Commission. He had faith that the Council could determine if going to the Planning Commission was justified or if the Council could deal with it. Gary Berscheid, 1604 Blackstone, expressed a couple of concerns. Is a 12 ft. screen wall at Home Depot sufficiently tall to screen semis, with the expansion of Arby's from the original concept, were traffic patterns taken into consideration Kathy Benshoof, 1631 Virginia Ave. addressed Council. She asked if there were other beautification plans, besides the screens, to soften the wall and add some esthetic appeal. Ms Jeremiah displayed a number of overheads which addressed beautification plans Councilmember Sanger read a statement which outlined her numerous concerns with this proposal and why it is totally detrimental to the community She asked for Council support in defeating the project 107 Minutes - City Council meeting June 3, 1996 It was moved by CouncilmeOmber Brimeyer, seconded by Councilmember Young to adopt Resolution 96-89 entitled"A resolution rescinding Resolution 87-89 approved on July 20, 1987 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 1625 Zarthan Ave" subject to the conditions as outlined by staff as well as the execution of the necessary documents by representatives of Home Depot. 8j. Execution of leases Antenna on water tower Resolution 96-90 It was moved by Councilmember Latz, seconded by Councilmember Appelquist, to adopt Resolution 96-90 entitled "Resolution approving agreement with American Portable Telecom" The motion passed 6-0 8k. Resolution amending Position Classification/Compensation Plan Resolution 96-91 By consent, adopt Resolution 96-91 entitled"A resolution amending the Classification and Compensation Plan to include the position of Administrative Assistant/City Clerk and Deputy City Clerk and amending Resolutions 95-170 and 96-77 effective June 1, 1996 " 81 Amendment to Cable TV Franchise ordinance Ordinance 96-2066 It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to adopt Ordinance 96-2066 entitled"An ordinance amending the Cable Communications Franchise Ordinance for the operation of a cable television system in St. Louis Park , St Louis Park Municipal Code , Part 7 -- Cable Television." The motion passed 6-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a City Engineer's report Roadway modifications Park Place Blvd/W 16th/ Gamble Dr Resolution 96-92 It was moved by Councilmember Appelquist, seconded by Councilmember Latz, to adopt Resolution 96-92 entitled "Resolution accepting the City Engineer's report, ordenng Improvement Project Nos 90-54 and 96-19, approving plans and specifications and authorizing advertisement for bids " 108 Minutes - City Council meeting June 3, 1996 Councilmember Sanger asked if this work commences while Cedar Lake Rd. is torn up, isn't this a terrific mess for everyone traveling through that area Mr Rardin said staff is planning that both of these projects will be coordinated to keep disrupture at a minimum. Both consultants are aware of the concerns for just that possibility The motion passed 6-0 UNFINISHED BUSINESS 10a. None NEW BUSINESS 1 l a. Lawful gambling license exemption- MN Outdoor Heritage Alliance for a raffle on August 8, 1996 It was moved by Councilmember Latz, seconded by Councilmember Appelquist, to approve the application and waive the 30-day waiting period. The motion passed 6-0 1 lb. Bid tabulation: 1996 seal coating materials By consent, designate Richards Asphalt as lowest responsible bidder for asphalt materials and Meridian Aggregate the lowest responsible bidder for rock and authorize execution of contracts for $29,624 and $44,670, respectively 11c Bid tabulation Purchase of granular activated carbon By consent authorize execution of a contract with Norit Americas in the amount of$37,276 84. MISCELLANEOUS 12a Damage claims: Susan Rendulich By consent, claim referred to City Clerk and City Manager 111 12b Communications from the Mayor Pro Tern None 12c Communications from the City Manager None 109 CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a Verified claims By consent, approve and authorize distribution of checks in the following amounts. Vendor claims. $285,211 75 and payroll claims $24,430 32. 13b Contract payments Final 1. Twin City Electric, utility controls. Amount $34,269 85 By consent, adopt Resolution 96-96-93 entitled"Resolution accepting work and authonzmg payment." Partial 2 Progressive Contractors, concrete alley paving, random concrete sidewalk, pavement rehabilitation, bridge repair. Amount $15,710 26 3 C S. McCrossan Construction, storm sewer and street construction, Cedar Lake Rd., Phase I Amount $119,215 12 4. Midwest Asphalt corp., utility and street construction, Cedar Lake Rd , Phase II Amount: $63,954 41 5 Tolz, King, Duvall, Anderson& Assoc , engineering services Amount $578 54 6 Hardrives, CSAH 25/Ottawa/Belt Line Blvd , roadway and traffic signal improvements. Amount. $48,954.09 7. Ridgedale Electric, Excelsior Blvd street light installation. Amount: $10,690 62 8 Friedges Landscaping, Excelsior Blvd., Park Center Blvd., W 36th St. landscape improvements Amount $93,922 10 9 Thomas & Sons Construction, Excelsior Blvd.,/W 38th/Monterey Dr traffic signal. Amount- $24,728 mount$24,728 33 By consent approve and authorize payment I 110 14 Adjournment / /, The meeting adjourned at 8 30 p m. ( f, f 'Ii May•r.'r;'T-fi J. ib• k ciA/V (' Recording Secretary I I 111