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HomeMy WebLinkAbout1997/03/17 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA March 17, 1997 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Mayor Dorfman presented a proclamation in recognition of the St. Louis Park Girls 12 and Under Traveling Hockey Team. Mayor Dorfman introduced Julie Haverman, Coordinator for the Junior Royalty, who in turn introduced members of the Court. Mayor Dorfman introduced Kathleen Anderson from Congressman Martin Sabo's office . Ms. Anderson said that Congressman Sabo is very interested in interacting with the City as well as with his constituents. She mentioned the various services his local office is able to provide. 3. Roll call The following Councilmembers were present at roll call: Jeff Jacobs, Beverly Flanagen, Ron Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman. Also present were the City Manager(Mr. Meyer); Deputy City Manager(Ms. Kutzler); City Attorney(Mr. Scott); Planning Coordinators(Ms. Erickson and Ms. Jeremiah); Economic Development Coordinator(Mr. Anderson); Director of Parks and Recreation(Mr. Gears); Finance Director(Ms. McBride); City Clerk(Ms. Larsen); Public Works Director(Mr. Rardin) and Dir. of Community Development(Mr. Hannening). 4. Approval of minutes a. March 3. 1997: Councilmember Flanagan noted on page 37 Mr. Basil's name should be spelled Basill. She requested an amendment in the fifth paragraph to change unsafe lead levels to "with lead levels over 300 ppm."In the eighth paragraph, last sentence, that the two specific funding options be listed, i.e. funding in the project to include the Hwy. 7 TIF project area and the Housing Rehab Fund. There being no further corrections or amendments , the minutes were approved. 45 b. Study session minutes of January 27 and February 24. 1997: There being no corrections or amendments, the minutes were approved. 5. Approval of agendas for March 17. 1997 It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan,to approve the consent agenda for March 17, 1997. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the agenda for March 17, 1997. The motion passed 6-0._ PUBLIC HEARINGS 6a. Application of the Jewish Community Center for a one-day temporary on-sale intoxicating liquor license for the Purim Blues Jam on March 22, 1997 There being no one present wishing to speak,the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve the temporary on-sale intoxicating liquor license for March 22, 1997 at the JCC. The motion passed 6-0. 6b. First reading of an ordinance revising the franchise agreement with Minnegasco Arnold Hendrickson from Minnegasco was present He was complimentary of City staff in working on the new ordinance language. He did want to state for the record on Minnegasco's behalf that it opposes franchise fees on its natural gas products and that customers will be notified by mail of any public hearings. Ms. McBride explained briefly what was being proposed. Councilmember Brimeyer said he would like to see the whole utility franchise matter placed on a study session especially as pertains to preparation for deregulation. Mr. Meyer noted that what the City is moving from is basically a flat percentage of revenues and is moving to a flat meter charge. If the City were to consider imposing franchise fees,neither Minnegasco nor NSP wanted fees to be based on flat percentage of revenues. 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. 46 v It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer,to waive first reading and set second for April 7, 1997. The motion passed 6-0. 6c. Easement vacation - 1860 Parker Road Ordinance No.2087-97 • 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 Brimeyer,to adopt _ Ordinance 2087-97 entitled"An ordinance vacating a portion of the utility easement on Lot 54, Block 2, Cedar Knoll Manor Fourth Addition- 1860 Parker Road)." The motion passed 6-0. REQUESTS,PETITIONS, COMMUNICATIONS 7a. Amendment to Board of Zoning Appeals By-laws It was moved by Councilmember Young, seconded by Councilmember Flanagan, to approve the ' two amendments to the BOZA By-laws. Mayor Dorfman asked Attorney Scott if a City commission makes these types of changes, is a precedent established that all commissions would have to make similar changes. Mr. Scott saw no harm in approving the two changes as proposed and no precedent is established by doing so. The motion to approve the amendments passed 6-0. RESOLUTIONS AND ORDINANCES 8a Approval of lease agreement for a communications antenna with US West Communications,Inc. (US West) Resolution 97-36 Mr. Brimeyer alluded to debate as to who has control of public rights-of-way. He asked if it were appropriate to include in the resolution and agreement language that if US West acknowledges the City has the right to control public buildings and therefore enter into these types of leases, and 47 at the same time control public rights-of-way, may it charge accordingly when a company needs to access said rights-of-way Attorney Scott said the two issues should not be connected. It was moved by Councilmember Jacobs,seconded by Councilmember Young,to adopt Resolution 97-36 entitled"Resolution approving lease agreement for communications antenna." The motion passed 6-0. 8b. Void 8c. Resolution supporting Clean Water Partnership Southwest Calhoun Improvement Project Resolution 97-37 It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan,to adopt Resolution No. 97-37 entitled"Resolution supporting and endorsing the Minnehaha Creek Watershed District's proposal for the treatment of stormwater runoff from the Southwest Calhoun Subwatershed." The motion passed 6-0. 8d. Resolution authorizing application for Outdoor Recreation Grant Program Resolution 97-38 Request is for submission of a grant application to DNR to secure funding for improvements to wooden boardwalk at Westwood Hills Nature Center. By consent, Council adopted Resolution 97-38 entitled"Resolution authorizing application for Outdoor Recreation Grant Program." 8e. Friends of the Arts Contract Mr. Meyer asked for an addition to the contract, i.e. there had been some verbal agreement with Friends of the Arts that a relatively small amount of money would go to buying a membership in Friends of the Arts as donors made donations to the public art fund. It was moved by Councilmember Brimeyer, seconded by Councilmember Jacobs,to approve the contract with Friends of the Arts to raise funds for public art to be displayed at the Recreation Center and other public areas within the City of St. Louis Park with the addition as requested by Mr. Meyer. The motion passed 6-0. 48 8f. Minor amendment to Park Place Plaza Final PUD affecting 1690 Park Place Blvd.; 5600 and 5900 Cedar Lake Rd; and 1625 Zarthan Ave. (all formerly 1625 Zarthan Ave. Resolution 97-39 Mr. Harmening said the minor amendment request was to allow neon lighting on the Arby's restaurant building and also a modification to the landscape plan subject to the conditions listed in the resolution. Councilmember Flanagan asked if this change in the landscape plan will affect the buffering along the western edge which had been promised to the residents of Zarthan Ave. Mr. Harmening said it is staff's opinion the amount of buffering is not being reduced or in any way diminished.. In some respects, it is enhanced because large mature trees will be kept on the _ site and there will still be a berm along that side of the property as well as a double row of conifers for buffering. It was moved by Councilmember Jacobs, seconded by Councilmember Young,to adopt Resolution 97-39 entitled"A Resolution amending Resolution No. 96-89 approved on June 3, 1996 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, 5699 and 5799 W. 16th St. and 1625 Zarthan Ave(total site formerly known as 1625 Zarthan Ave.)." The motion passed 6-0. 8g. Subdivision Ordinance revision Ordinance 2088-97 Attorney Scott referenced the recently-received letter from F. E Porter, 9255 W. 23rd St. The issue he raised is essentially the City's authority to require park dedication in the form of a land dedication or cash in lieu of land dedication. The Supreme Court struck down a provision the City of Eagan has had for a number of years wherein each time a building permit was applied for, the building contractor was required to make a cash contribution to what was called a collector street fund. Mr. Scott said this was different from what is proposed by staff as there is statutory authority for St. Louis Park as part of its Subdivision Ordinance to require park dedication-- in the form of land dedication or cash in lieu of deeding land to the City for park purposes. State Statutes mandate that those funds be deposited in a dedicated park fund. In the Eagan case, it was not part of its Subdivision Ordinance for park purposes which was why the Supreme Court arrived at its decision--the Legislature had not authorized Eagan to require that type of fee. Re: alleys, Councilmember Jacobs agreed that the language remain as is in that alleyways are not 111 required, merely allowed. He was not in favor of a subdivision having a lot of alleys as it is a waste of concrete. 49 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman,to approve second reading, adopt ordinance, approve summary and authorize its publication. Councilmember Flanagan referenced on page 2 of staff's report the section on"Expand our trail system"wherein it appeared 3 alternatives were listed. Was Council not to select one of the three to be made part of the motion? Mr. Harmening noted that sidewalk provisions had been discussed previously and briefly discussed the language in that section. Councilmember Jacobs said he was in agreement with the current language. Councilmember Flanagan said she preferred that item 3 be included whereby the Council could waive the installation of a sidewalk if circumstances unique to the situation exist. As a point of clarification, Mr. Meyer said a variance could be applied for which involves a bit more process than a decision at the Administrative or Council level to waive a requirement. The motion passed 6-0. REPORTS FROM OFFICERS,BOARDS,COMMITTEES 9a. Minutes: Planning Commission February 19, 1997 By consent, minutes ordered filed. 9b. February 1997 financial report By consent, report ordered filed. UNFINISHED BUSINESS None. NEW BUSINESS lla. Renewal of Property and Liability Insurance program through the LMCIT for 1997/98 By consent, Council approved the insurance program as submitted by the League of Minnesota Cities Insurance Trust for the period 4/1/77 through 4/1/98. 11b. Rec Center Renaissance change order Change order to previously approved contract for structural steel, deck and joists 50 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to approve and authorize execution of a change order with LeJeune Steel Co. in the amount of$32,680.00. The motion passed 6-0. 11c. Economic Development Strategic Plan Mayor Dorfman explained that this plan is the culmination of the work of the Economic Development Strategic Plan Task Force formed in January 1996 with the charge to develop a long-term housing and economic development strategy which staff could use to develop longer term work plans. Mr. Harmening said that in December staff discussed with the Council the draft strategic plan. Staff came away with the impression Council was pleased with the direction the plan was taking. Some minor revisions are included in tonight's report, said changes reflected in the plan. Larry Dowell, President of the TwinWest Chamber of Commerce,representing the St. Louis Park Business Council, believed the changes mentioned by Mr. Harmening to be appropriate in almost all categories. He believed the alternative language in the sections Business Goals and Strategies and Development/Redevelopment Objectives meet the goals as established by the Council. Councilmember Brimeyer recalled a great deal of discussion during the Visioning process about creating a business climate. He was not supportive of the living wage language, a term somewhat difficult to describe. He preferred talking about stable employment positions and jobs and household supporting jobs, and so forth. He felt this alternative language in the plan appropriately addressed these many concerns and would like to see it adopted. Councilmember Flanagan suggested that on page 4,the last bulleted item under item 1 ("Foster") also be made part of item 2 ("Retain")which would recognize the City's existing base of businesses and in effect recognize them for remaining in the City and providing jobs and paying taxes for many years. Wording to the effect"to assist with business retention, e.g. Tax Increment Financing, Commercial Rehab Loan Program) could be added. Mayor Dorfman did not see why Councilmember Flanagan's suggestion could not be incorporated. Councilmember Latz asked if it was the intent to have what is listed under item 1 apply also to item 2, retention of St. Louis Park's business base. He advised caution in how the issue of establishing public financing policy and programs is approached vis-a-vis assisting with retention of businesses. Mayor Dorfman did not believe the task force ever meant to give the impression that the City would not look at any sort of assistance to existing businesses. 51 Mr. Harmening said the last bulleted item under No. 1 was intended in part to deal with some strategies on prioritizing business centers which may be considered for redevelopment in conjunction with the private sector. It suggests consideration of establishing policies/programs to assist with such redevelopment. He believed there was the assumption this includes programs that assist with retaining existing businesses. He did not believe Councilmember Flanagan's suggestion was inconsistent with the intent of existing language. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer to adopt the Economic Development Strategic Plan incorporating the alternative language as outlined in staffs report and the suggestion made by Councilmember Flanagan. The motion passed 6-0. MISCELLANEOUS None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS a. Verified claims By consent, the claims prepared by the Director of Finance dated March 17, 1997 were approved and payment authorized. COMMUNICATIONS 14a. From the Mayor Mayor Dorfman thanked the Lenox Center for hosting a very successful fashion show. 14b. From the City Manager No comments. 15. Adjournment The meeting adjourned at 8:45 p.m. / ' ayor Gail Dorfman i 4:::). c/ Recording Secretary 52