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Home My WebLink About1997/04/28 - ADMIN - Minutes - City Council - Regular COUNCIL MEETING APRIL 21 , 1997 MOVED TO APRIL 28 , 1997 S CITY OF MINUTES (Revised 5-5-97) ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA April 28, 1997 1. Call to order Mayor Dorfman called the meeting to order at 7.34 p.m. 2. Presentations Chief Mancel Mitchell presented a commendation to Officer Mike Merwin for his efforts in a recent altercation in the City The St. Louis Park Youth Choir sang a medley for Council and the audience. 3. Roll call The following Councilmembers were present at roll call: Jeff Jacobs, Beverly Flanagan; 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. Scott);Economic Development Coordinator(Mr. Anderson); Planning Coordinator(Ms. Erickson); Police Chief(Mr Mitchell); Director of Public Works(Mr. Rardin); Finance Director(Ms. McBride); Personnel Officer(Mr. Wysopal);Director of Inspections (Mr. Petersen). 4 Approval of minutes April 7, 1997 - There being no amendments/corrections, the minutes were approved as presented. April 14. 1997 - There being no amendments/corrections, the minutes were approved as presented. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. PUBLIC HEARINGS 67 6a. Request to transfer of sale liquor license, on-sale wine and 3.2% malt liquor licenses from By Holding, Inc. to Lund Food Holdings,Inc. to be known as Byerly's Inc and Byerly Beverages, Inc. 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 Jacobs, seconded by Councilmember Flanagan, to approve the transfer of the liquor licenses to the new Byerly's Inc. and Byerly Beverages. The motion passed 7-0 6b. Special Service District#2 Sandy Ackerberg, 4201 Excelsior Blvd. spoke saying what troubled him and some of the other property owners was that the proposed Special Service District fees seem to be excessive for their intended purpose. He wondered if the Council would consider allowing the property owners to remove snow themselves for one year prior to establishing the fees and see how it goes. Don Wenner, 4308 Excelsior Blvd. said the proposed fees were truly excessive, in his case representing almost 1/2 of his taxes. He felt the property owners were being expected to pick up a disproportionate share of the costs. John Crouch, 3924 Excelsior Blvd. felt the Special Service District was needed. The esthetic improvements will be beneficial to property values. He felt the advisory group that is to be appointed can be influential in attempting to keep the costs within reasonable limits. He believed if some accommodation could be found relative to snow removal, most of the property owners would view the project favorably 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. The Mayor asked about the snow removal budget in Service District#1. Mr. Anderson indicated that the snow removal budget in Service District#1 has been exceeded but the property owners have been generally pleased with the level of services they are getting.. Councilmember Latz asked if the ordinance is approved tonight, that there is no commitment to expenditures whatsoever at this point. Also that within six months of final approval of the District, Council must decide on the imposition/non-imposition of fees. Mr. Anderson said the Statute provides that once the public hearing and the resolution to set the fees approved, action has to be taken within six months of the passage of the resolution. Staff was asking Council to continue the hearing to a later date which would be the trigger date for the six month period. 68 111 Councilmember Sanger asked what was the advantage of creating the District now if the setting of fees is going to be put off, maybe even until next year. Mr. Anderson said because of the petition process, the discussions with property owners, staff has been on a schedule and there is nothing at this point to prevent the creation of the District. Councilmember Flanagan said it was her understanding the property owners decided on the level of service they wanted and the fees based on that, and that staff does not overrule their decisions. Mr. Anderson said the determination on services is up to them with the charges/fees following thereafter. Councilmember Jacobs wondered if all wasn't moving ahead too fast. He would not want to see the District established and then vetoed within the 45-day period necessitating everyone to go back to square one beginning with a new petition process. It was moved by Councilmember Flanagan, seconded by Councihnember Brimeyer, to approve first reading and set second for May 5 After concerns expressed by several Councilmembers, Ms. Flanagan amended her motion that the second reading be held May 19. The motion passed 7-0. It was moved by Councihnember Sanger, seconded by Councilmember Flanagan, to adjourn the public hearing on resolution imposing a service charge. The motion passed 7-0. 6c. Public hearing and first reading of amendment to Sections 13-482 and 6-111 of the Municipal Code 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 Latz, seconded by Councilmember Jacobs, to approve first reading and set second for May 5, 1997. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Skateboard petition 69 Joah Rutt, 2906 Hillsboro Ave. and Joe Novak, 7409 Minnetonka Blvd. presented a petition to allow for a skateboarding facility in the City. Mayor Dorfman thanked them and said that the petition will be sent to the Parks and Recreation Commission for study and opinion, and thereafter to return to Council. RESOLUTIONS AND ORDINANCES 8a. Resolution of approval, 2815 Joppa Ave So. Resolution 97-57 It was moved by Councilmember Sanger, seconded by Councilmember Young, to adopt Resolution 97-57 entitled"A resolution granting a variance from Section 14:5-4 2(F)(2) of the St. Louis Park Ordinance Code relating to zoning to permit a floor area ratio of 45% instead of the maximum 30% for property located in the R-1, Single Family District at 2815 Joppa Ave. " The motion passed 7-0. 8b. Request for waiver of preemption from FDA tobacco regulations Resolution 97-58 It was moved by Councilmember Sanger, seconded by Councilmember Flanagan, to adopt Resolution 97-58 entitled"A resolution authorizing an application for waiver of FDA preemption of tobacco ordinance provisions." The motion passed 7-0. 8c. 1997-1998 labor agreement between the City of St. Louis Park and Local#49 Resolution 97-59 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 97-59 entitled"Resolution approving the labor agreement between the City of St. Louis Park and International Union of Operating Engineers Local #49 establishing wages, benefits and terms and conditions of employment for 1997 and 1998." The motion passed 7-0 8d. Second reading of ordinance re Zoning Ordinance amendments Ordinance 2090-97 William Thibault 450 Ford Rd. asked what were the ordinance amendments. Ms. Erickson reviewed the three elements proposed for amendment. 70 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt the ordinance, approve the summary and authorize its publication. The motion passed 7-0. 8e. Resolution providing for issuance and sale of$13 million General Obligation Variable Rate Demand Tax Increment Bonds, Series 1997B Resolution 97-60 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 97-60 entitled"Resolution providing for the issuance and sale of$13 million General Obligation Variable Rate Demand Tax Increment Bonds, Series 1997B." The motion passed 6-1 (Councilmember Flanagan opposed). REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Consultant final report on City Engineering and Maintenance Operations By consent Council received the report from Public Administration Services and directed the City Manager to submit periodic progress reports on implementation. 9b. Minutes: Housing Authority meeting of March 11, 1997 9c. Minutes: Planning Commission meeting March 19, 1997 9d. Minutes: Board of Zoning Appeals of March 27, 1997 9e. Financial report for March 1997 By consent, items 9b-9e were ordered filed. UNFINISHED BUSINESS 10a. Bid tabulation: Bituminous patching materials By consent, Council designated Bituminous Roadways the lowest responsible bidder and authorized execution of a contract for $47,450. NEW BUSINESS None. MISCELLANEOUS 71 None. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, Council approved and authorized payment 13b. Contract payments -None 14. Communications a. From the Mayor Mayor Dorfman recognized some events happening recently: Friends of the Arts held its second annual art fair at Lenox which was a great success; Caring Youth Awards Presentation was again a very moving event in the community. Also a community railroad meeting is being scheduled and mailings will be going out for that on Tuesday, May 6, 7:00 p.m. in the Senior High Cafeteria. b. From the City Manager No report. 15. Adjournment The meeting adjourned at 8.59 p.m. / 'A4 Al / Mayor Dorfman / 4,........A--3-Q--,---- R .� ,--- R cording Secretary 1 72