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Home My WebLink About1997/09/15 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA September 15, 1997 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Elizabeth Edmond, summer intern in the City, presented plaques to the winners of the Evergreen Award: 3229 Hampshire(John Demoray); 3940 Natchez(Nanette & Tom Dahlen); 4013 Forest (Jan& Bill Merchan); 3100 Idaho Ave. (Pete Peterson); 8911 Westmoreland (Marshall & Margie Lifson). 3. Roll call The following Councilmembers were present at roll call: Jeff Jacobs, Beverly Flanagan, Sue Sanger, Robert Young, Jim Brimeyer, and Mayor Gail Dorfman Also present were the Deputy City Manager(Ms. Kutzler); City Attorney (Mr. Scott); Director of Community Development(Mr. Harmening); Director of Public Works (Mr. Rardin); Director of Inspections (Mr. Petersen); Planning Coordinator(Ms. Jeremiah); Director of Finance (Mac McBride); and Administrative Intern(Ms. Schmidt). 4. Approval of minutes City Council meeting September 2, 1997 Councilmember Flanagan made the following corrections: pg. 135, item 8e, 2nd paragraph, she wanted the record to show why she was opposed, i.e., "Councilmember Flanagan believed the program was good for the employees; however, could not support it because the affected employees will not receive 100%short-term disability as do the supervisors." . At Mayor Dorfman's suggestion, it was the consensus that the reason for opposition votes be included as part of the minutes. With that amendment, the minutes were approved. Study session July 28. 1997 There being no amendments/additions, the minutes were approved as presented. 140 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to approve the consent agenda. The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger,to approve the agenda. The motion passed 6-0. PUBLIC HEARINGS 6a. Zoning Code text amendment Request of Metropolitan Open School to allow small schools in the C-2 zoning district. The following individual spoke to this issue: Nancy Walker, 3243 Aquila Ln., who spoke on behalf of Metropolitan Open School and its request. 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. Councilmember Brimeyer asked if the conditions that are a part of the zoning amendment were acceptable to the school. Ms. Walker said they were. Councilmember Flanagan asked if the conditions would include that the school area have its own restroom facilities or would the students be allowed to use the commercial area restroom facilities. Ms. Jeremiah responded that is regulated by the building code and it was her understanding there were specific provisions related to restrooms. Councilmember Jacobs asked if the decision was made to go through the Conditional Use Permit, would the same conditions as proposed for the zoning text amendment be added to the Permit. And, if the zoning text amendment is adopted,the City could not thereafter impose additional conditions on a future applicant. Whereas with a Conditional Use Permit additional • conditions could be imposed. Ms. Jeremiah said that was correct. It was moved by Councilmember Brimeyer, seconded by Councilmember Flanagan, to approve first reading of an ordinance and set second reading for October 6 with the additional condition that for now enrollment be 20 students and that further discussion be held regarding the separate building entrance or an interior entrance that is limited to 50 ft. of the common building entrance. 141 The motion passed 5-1. (Councilmember Jacobs opposed, Councilmember Latz absent) PETITIONS,REQUESTS, COMMUNICATIONS 7a. Variance appeal: 6425 W. Lake St. The School District had requested a variance to permit light poles of 80 ft. instead of the maximum 60 ft. Allan Touchberry, 6308 W. 35th St., spoke in favor of the 80 ft.poles believing it would create less light trespass, spray and sky glow which would enhance his hobby of amateur astronomy. Mayor Dorfman asked Mr. Petersen when the zoning change was done, was there special consideration given to the needs of athletic facilities in making that determination. Mr. Petersen said the previous zoning ordinance had no limitation on height. The 60 ft. limit was put in the ordinance when adopted in 1992. He felt Council would want to look closely at the spill factor in single family residential should it want to amend the code. In answer to a question, Tom Stringer, School District representative, said the poles at Benilde were 60 ft. because of the setback from the bleachers. Councilmember Young felt it would make sense to ask staff to come back with an amendment for review regarding the changing of the height rather than just doing a variance. Councilmember Sanger asked if there were any harm in having 80 ft. poles regardless if that comes about by code amendment or by variance. . Mr. Peterson said he was not aware of there being any harm. The reason for this issue is that the School District is taking poles down and replacing them and it must be treated as a new installation. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to uphold the decision of the Board of Appeals and to direct staff to prepare a recommendation to the City Council for amending the ordinance. The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. License elimination Ordinance No. 2100-97 142 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Ordinance 2100-97 entitled"An ordinance relating to licensing and permits: Deleting Sections 13-340 to 13-346; 13-430 to 13-435; 13-450 to 13-454; 13-470 to 13-475; 13-601 to 13-606; 13- 760 to 13-768; 13-913(2); 13-1020 to 13-1029; 13-1030 to 13-1037; 13-1430 to 13-1432; 13- 1470 to 13-1478; 15-243 and 15-350 to 15-352; and amending Section 912(3),approve summary and authorize its publication. The motion passed 6-0. 8b. Purchase of easement at 2934 Natchez Ave. So. Resolution 97-120 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs,to adopt Resolution 97-128 entitled"Resolution authorizing purchase of an easement located at 2934 Natchez Ave. So. for construction of alley paving Project 97-18." The motion passed 6-0. 8c. Resolution authorizing execution of Sub-Grant Agreement with FEMA Resolution 97-121 By consent Council adopted Resolution 97-121 entitled"Resolution authorizing execution of Sub-Grant Agreement. 8d. CDBG Third Party Agreements with Wayside House and Meadowbrook Collaborative Resolution 97-122 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer,to adopt Resolution 97-122 entitled"Resolution approving two 1997 Urban Hennepin County Community Development Block Grant Program Third Party Agreements (CDBG Year XXIII) between Wayside House and the City of St. Louis Park and Meadowbrook Collaborative and the ` City of St. Louis Park relating to City of St. Louis Park's Multifamily Neighborhood Revitalization Program." The motion passed 6-0. 8e. MEPC Final Planned Unit Development, 1550 Utica Ave. S. Resolution 97-123 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs,to adopt Resolution 97-123 entitled"A resolution approving a Final Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code relating to zoning for property zoned"0" Office District located at 1550 Utica Ave So. and authorizing the Mayor and City Manager to execute a development agreement relating to said project. 143 The motion passed 6-0. 8f. Resolution approving the preliminary property tax levy and budget for the 1998 fiscal year and establishing the dates and times for the public hearing Resolution 97-124 It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to adopt Resolution 97-124 entitled"Resolution approving proposed 1997 tax levy,collectible in 1998 and approving proposed budget for 1998. The motion passed 6-0. 8g. First reading of ordinance amending the 1997 budget It was moved by Councilmember Sanger, seconded by Councilmember Jacobs,to approve first reading and set second for October 6, 1997. The motion passed 6-0. 8h. Amendment of the Garbage and Refuse Collection Ordinance Ordinance 2101-97 It was moved by Councilmember Jacobs, seconded by Councilmember Young,to adopt Ordinance 2101-97 entitled"Ordinance amending Chapter 9, Part 3 and Chapter 13, Part 10 of the St. Louis Park City Code concerning the collection of garbage from residential dwellings", approve the summary and authorize its publication. The motion passed 6-0. REPORTS FROM OFFICERS,BOARDS, COMMITTEES 9a. Financial report for August 1997 9b. Planning Commission meeting minutes of August 20, 1997 9c. Housing Authority minutes of August 12, 1997 By consent, items 9a-9c were received for filing UNFINISHED BUSINESS II None. NEW BUSINESS 144 None. MISCELLANEOUS None. CLAIMS,APPROPRIATIONS,CONTRACT PAYMENTS •a. Verified claims By consent, Council approved the claims and authorized payment b. Contract payment-Partial Wolfe Park Pond 1 grading and liner project $88,753.48 By consent,payment No. 1 was approved and payment was authorized. 14. Communications Mayor Dorfman informed Council that a new editor for the St. Louis Park Sun Sailor had been chosen and introduced her,Ann Wilbur. Councilmember Young stated that on October 15, 2:00 p.m. there will be the dedication of a tree in Jorvig Park in honor of the memory of Marie Hartmann. Also the STEP spaghetti dinner has been postponed until Spring 1998. 15. Adjournment Councilmember Jacobs moved and Councilmember Flanag• s se .nded to adjourn the meeting which passed 6-0. ' I • �' / . I ayor Dorfman Recording Secretary 145