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HomeMy WebLinkAbout1998/04/20 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES Sr. LOUIS CITY COUNCIL MEETING P`4 ST. LOUIS PARK, MINNESOTA April 20, 1998 1. Call to Order Mayor Dorfman called the meeting to order at 7:30 p m. 2. Presentations a. St. Louis Park Youth Choir Mayor Dorfman introduced Deborah Lamb, Director of the St. Louis Park Youth and Brenda Usef, pianist. The group performed several musical numbers. b. Kim Kallestad Presentation Mayor Dorfman presented a plaque to Kim Kallestad for his outstanding service to the City of St. Louis Park. c. Arbor Day Proclamation Mayor Dorfman read a proclamation and commended the Parks& Recreation Department for their outstanding efforts in creating and maintaining the parks and open spaces in the City 3. Roll Call The following Councilmembers were present at roll call: JeffJacobs, Chris Nelson, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman. Also present were the Executive Director(Mr. Meyer): Deputy City Manager(Ms. Kutzler); City Attorney (Mr. Scott), Director of Public Works (Mr Rardin); Zoning Inspector(Mr. Moore); City Assessor(Mr. Stepnick): Planning Coordinator(Ms. Jeremiah); and Director of Parks and Recreation (Mr Gears). 4. Approval of Minutes City Council meeting of April 6, 1998• With the exception of corrections noted below, the minutes were approved as presented Change to roll call that Robert Young arrived at 7:55 p.m and was not present for approval of agendas and on Page 6 change Ferndale to Fernhill. Special City Council Meeting of April 6, 1998• The minutes were approved as presented City Council Study Session of April 13, 1998 The minutes were approved as presented. 5. Approval of Agendas It was moved by Councilmember Jacobs, seconded by Councilmember Nelson, to approve the consent agenda with the removal of Item 9f. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. Sc. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances 6. Public Hearings a. Case Number 98-7-ZA Zoning Code Text Amendments Janet Jeremiah, Planning Coordinator gave a staff presentation and recommended adoption of the ordinance. I Leord Katz, a member of the Building and Grounds Committee of Sholom Community Alliance was present. Mr Katz briefly described the importance of the construction and explained restrictions placed on loan by the benefactor. Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date. Councilmember Latz was in total support of the project and commented on its importance to the community. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve first reading of the enclosed pedestrian walkway ordinance amendment and set second reading for May 4, 1998. The motion passed 7-0 b. Citgo (Union 76) at 7200 and 7244 Cedar Lake Road Case Number 98-2-CUP Resolution # 98-63 Janet Jeremiah, Planning Coordinator gave a staff presentation and noted changes from the original project. She stated that staff and the Planning Commission recommended adopting a • resolution approving the Conditional Use Permit subject to the conditions described in the staff report and listed in the proposed resolution. Michael Kneisly of KKE Architects was present. Mr. Kneisly presented an update on a recent investigation of noise impact, pedestrian access, vehicular circulation on site, and architectural design which were items of concern raised by Council Councilmember Nelson asked Mr Kneisly to clarify traffic patterns for the car wash. Mr. Kneisly explained the proposed entry and exit pattern for the car wash and service facility and stated the requirement of space for a back-up of four existed in the plan. Janet Jeremiah stated that the plan met the code requirement for stacking for both the car wash and service stations. Michael Dupont described that the car wash was designed like a conveyer belt, so that stacking would not be a problem. Councilmember Nelson raised a concern about the noise study and if a hot air wall would be developed at the exit of car wash which may affect noise level. Mr. Kneisly stated that the intention was to have an air curtain which was included in the noise study. Councilmember Young asked what the time frame was for development. Mr. Kneisly stated that construction would begin immediately since there was a need to move a storm water easement that exists on lot before development could occur. The project would take four to five months to complete Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date. Mayor Dorfman asked staff to comment on the hours of operation of comparable businesses. Janet Jeremiah stated that the concerns with the hours of operation were the proximity to the residential and fire station. The recommendation to the Planning Commission with regards to the car wash was to limit the hours of operation similar to the way construction activity was limited. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt a resolution approving the Conditional Use Permit (by amending an existing Conditional Use Permit) subject to the conditions included in the resolution. The motion passed 7-0. 111 c. Case Number 98-5-CP Comprehensive Plan Amendment at 3633 and 3663 Park Center Blvd. By G& P Properties. Resolution #98-64 Mayor Dorfman commented that one of the livable communities goals for the Park Commons area was to intensify uses. Janet Jeremiah, Planning Coordinator explained that the applicant had proposed changing the Comprehensive Plan from Residential-50 units per acre to Residential - 75 units per acre. Ms. Jeremiah stated that there would be a detailed review of the applicant's proposed assisted living expansion in the future. It was recommended by the Planning Commission and staff that the Council adopt the resolution. Michael Gould representing Parkwood Shores was present to answer questions. Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date. Councilmember Nelson asked what the status was of relocating Northwest Bank and its drive through. Ms. Jeremiah stated that staff had been working with Northwest through the Park Commons West Task Force process and alternatives for relocation were currently being considered Councilmember Nelson asked if the redevelopment was contingent on Northwest successfully relocating. Mr. Gould stated that he was working with Northwest and Healthsystem Minnesota and progress is being made Councilmember Sanger raised the issue of the development of a North/South roadway in the area and asked if there was some contingency between the road and the increase in density. Ms. Jeremiah stated that there was no contingency between those matters, but staff believed that the North/South roadway would help mitigate the overall traffic impacts in that area and Monterey Drive in the future Councilmember Sanger asked if the project could move forward with the development of a North/South roadway. Ms. Jeremiah stated the project could move forward without the development of the roadway and anticipated a decrease in traffic with the removal of Northwest Bank Councilmember Nelson clarified that another housing development was proposed for the Northwest Bank site in the future. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt a resolution that designates 3633 and 3663 Park Center Blvd as Residential 75 dwelling units per acre according to the findings stated in the resolution and contingent upon Metropolitan Council approval The motion passed 7-0 7. Petitions, Requests, Communications -None 8. Resolutions and Ordinances a. Tobacco Ordinance Ernie Peterson, Director of Inspections briefly explained the existing tobacco licensing ordinance and the proposed amendment. Councilmember Sanger asked why clarification with respect to the age of the persons who could sell tobacco was needed. Mr. Peterson stated that the purpose of the amendment was to make the City Code consistent with the State Statutes adopted by the Minnesota Legislature Councilmember Sanger asked staff for an explanation of the two types of administrative penalty. Mr. Peterson explained that the $50 00 fine was against the individual and the $250.00 fine was against the owner of the license and conceivably both penalties could be applied. It was moved by Councilmember Sanger, seconded by Councilmember Latz, to approve first reading of the ordinance and set second reading for May 4, 1998. The motion passed 7-0. b. Graffiti Ordinance It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve first reading of the ordinance and set second reading for May 4, 1998. The motion passed 7-0. c. Case Number 98-6-CUP Target Minor Amendment to Special Permit 3601 Hwy 100 South Resolution #98-65 John Deitrich of RLK-Kuusisto was present to answer questions. Janet Jeremiah made a staff presentation and explained proposed landscaping for screening and changes to the approved appearance of the building exterior. Ms. Jeremiah stated that staff recommended adoption of the resolution, which would amend the Special Permit subject to the conditions listed in the resolution. It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to adopt a resolution that amends the previously approved Special Permit subject to the conditions listed in the resolution. The motion passed 7-0 d. Case Number 98-3-Z Rezone from "IG" to "0" 7202 and 7252 Excelsior Blvd Ordinance# 2113-98 It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to approve second reading of an ordinance that changes the zoning of 7202 and 7252 Excelsior Boulevard to"0" Office, approve Ordinance Summary, and authorize publication. The motion passed 7-0. e. Case No. 98-4-ZA Zoning Code Text and Map Amendment It was moved by Councilmember Sanger, seconded by Councilmember Nelson to continue the second reading of the amendments to the flood plain ordinance to a date not later than the May 8th City Council Meeting. The motion passed 7-0 f. Second reading of an ordinance to amend City Charter Chapter 2 - Government and Officers, Chapter 6 - Taxation and Finance, and Chapter 12 - Code of Ethics Ordinance # 2114-98 I/ It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve second reading of the ordinance to amend City Charter Sections 2 02, 6 05, 6 07, 6.12, 6.14, 12 03, 12.04, 12 05, 12 06, 12.07, and 12.18, adopt ordinance (7 affirmative Councilmember votes required), approve summary and authorize publication. The motion passed 7-0. g. City Engineer's Report: Sidewalk Construction and Street Light Installation on Louisiana Court- Project No. 98-06 Resolution # 98-66 Carlton Moore, Public Works gave a brief report and indicated that the project was necessary, cost effective, and feasible under the conditions noted and at the costs estimated. Councilmember Latz briefly commented on a current effort to develop a vision for the Louisiana Court community and was in support of taking this important step. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt the Resolution accepting this report, establishing improvement Project 98-06, directing staff to sponsor an informational meeting with abutting property owners and setting a Public Hearing and Assessment Hearing date of May 18, 1998 The motion passed 7-0. h. Reconfirm Precinct Boundaries and Polling Place Changes Resolution # 98-67 By consent, Council adopted resolution reconfirming precinct boundaries and approving polling places with the relocation of Ward 2 Precinct 1 and Ward 2 Precinct 4. i. Resolution authorizing execution of a commercial lease with the State of Minnesota Resolution # 98-68 By consent, Council adopted the resolution authorizing the Mayor and City Manager to execute the lease agreement. j. Amendments to by-laws; Special Service District No. 1 Resolution #98-69 By consent, Council approved the resolution amending Article II, Section 2 4 of the by-laws for Special Service District No. 1 9. Reports from Officers, Boards, Committees a. Highway 7/Louisiana Avenue Study By consent, Council received the Task Force recommendations and placed the item on the May 11, 1998 City Council Study Session for Council discussion b. Cable TV Commission Annual Report By consent, Council accepted report for filing. c. Planning Commission Meeting Minutes of March 18, 1998 By consent, Council accepted report for filing. d. Housing Authority Meeting Minutes of March 11, 1998 By consent, Council accepted report for filing. e. NRC Minutes of March 9, 1998 By consent, Council accepted report for filing. f. Planning Commission Meeting Minutes of April 1, 1998 Mayor Dorfman stated that Cindy Nagel, 3402 Texas Avenue South had some questions whether the minutes completely reflected some of the discussion on Louisiana Avenue and Highway 7 development issue. Mayor Dorfman recommended that staff direct her written comments to the Planning Commission. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to accept the minutes. The motion passed 7-0. g. Planning/Parks and Recreation Commissions Minutes from Joint Meeting of March 18, 1998 By consent, Council accepted report for filing. h. Human Rights Commission Meeting Minutes of March 18, 1998 By consent, Council accepted report for filing. i. BOZA Meeting Minutes of January 22, 1998 By consent, Council accepted report for filing j. BOZA Meeting Minutes of March 19, 1998 By consent, Council accepted report for filing. k. Vendor Claim Report By consent, Council accepted report for filing. 10. Unfinished Business a. Board and Commission Appointment(s) -None 11. New Business a. Removed b. Removed c. Liquor License Violations Mr. Meyer, City Manager explained the penalty fees for liquor license violations at Al's Bar, T.G.I. Friday's, and Jennings Banquet Center. Mr Meyer stated that each of the licensees indicated that they were willing to waive the violation hearing and accept a penalty fee of $1,000 00 The maximum penalty allowed would be $2,000. Councilmember Jacobs stated that this was a sensible and reasonable resolution of the problem and was in support of the amount of the penalty fee It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve fines in the amount of$1,000 for Al's Bar, T.G.I. Friday's and Jennings Banquet Center for violation of the City liquor license. The motion passed 7-0 d. Adoption of the City's Water Contingency and Conservation plan Mr Rardin, Public Works gave a staff report and stated that the plan was meant to provide Council, staff, and residents with guidance during water system shortages or emergencies, and promote conservation of the City's ground water resources through community education. The plan also recommended Ordinance revisions to address emergency controls and enforcement during water shortages, as well as, an Emergency Power Needs Study and a Water Rate Study. Mr. Rardin stated that if the plan was adopted, it would go into the comprehensive process and then to the public for review. Councilmember Brimeyer asked if water and sewer rates had been adjusted annually. Mr. Meyer, City Manager stated that the actual rates have been adjusted, but not the formula for those rates which is the intention of the plan. Councilmember Jacobs commented that the adoption of the plan may be inconsistent with a past emphasis on the sale of water in the community. Mr. Meyer was unsure as to whether the adoption of this plan would be consistent with the sale of water and the goal of the plan was to avoid the wasting of water and avoid the construction of City facilities that build excess capacity over water that doesn't need to be used, because it's in effect being wasted. He stated that if there was excess capacity in the system in the future, the City may consider the sale of water It was moved by Councilmember Brimeyer, seconded by Councilmember Jacobs, to adopt the Water Contingency and Conservation Plan and to incorporate it into the City's Comprehensive Plan currently undergoing revision. The motion passed 7-0. e. City Engineer's Report: Excelsior Boulevard Median islands from TH. 100 to Methodist Hospital entrance. Project No. 98-02 Councilmember Nelson considered median construction temporary, recommended moving ahead with the Streetscape Project and asked staff to clarify the county changes that increased project costs. Mr. Moore, Public Works stated that the increased costs were due to the Hennepin County review process which examined the elements of construction, striping, and the signing that was necessary to accomplish the median islands. Councilmember Nelson asked who was responsible for median construction and how much traffic would be disrupted on Excelsior Boulevard Mr. Moore, Public Works stated that the City would be responsible for construction and that that the current schedule was to have them ready for construction in July and completed in August with very little disruption to Excelsior Boulevard traffic. Councilmember Nelson asked what impact this project had on the Streetscape Project and if it was possible to combine projects to save. Mr. Moore stated that he didn't know if there was an opportunity, but recommended making a request to the County and noted that there would be considerable savings if the County were responsible for the road portion of the project and the City be responsible for the Streetscape portion of the project. Councilmer_i»er Brimeyer commented on the project's affect on area driveways and asked for staff clarification on type of medians Mr. Moore discussed the affects of median placement on residential and business properties and described the proposed style of medians. It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to accept the City Engineer's Report and direct staff to sponsor Neighborhood Meetings for the commercial and residential property owners. The motion passed 7-0 f. Bid Tabulation: 1998 Contract Sealcoating By consent, Council designated Allied Blacktop the lowest responsible bidder for the construction of bituminous sealcoating and authorized execution of a contract with the firm in the amount of $38,240.27 g. Bid tabulation: Storm sewer, curb and gutter repair, and mill and overlay on West 35th Street west of Raleigh Avenue (97-01); W 36th Street west of Trunk Highway 169 (97-02); and Utica Avenue/Stephens Drive (97-03). By consent, Council designated Hardrives, Inc the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$143,011.00 h. Bid Tabulation; Ford Road/Shelard Parkway/Ford Lane Roadway, traffic signal and watermain improvements - Project Nos. 85-32 (Roadway); 87-28 (Signal); 97-05 (Watermain). By consent, Council designated Midwest Asphalt Corporation the lowest responsible bidder and authorized execution of a contract with the firm in the amount of$468,620.10 contingent upon concurrence by the Plymouth City Council. 12. Miscellaneous - None 13. Claims,Appropriations, Contract Payments- None 14. Communications Mayor Dorfman commented on the following relocation of polling place for the next election cycle in September: Ward 2 Precinct 1 at Susan Lindgren change to St. Louis Park Recreation Center Ward 2 Precinct 4 at Fire Station No. 1 change to Union Congregational Church Mayor Dorfman stated that agenda Item 9a(Highway 7/Louisiana Avenue Task Force recommendations)was accepted under consent and this was procedural and would be considered further at the City Council Study Session on May 11th. 15. Adjournment A motion to adjourn was made by Councilmember Sanger, and seconded by Councilmember Jacobs. The meeting adjourned at 8:45 p m. The motion passed 7-0. rty Clerk ayor