HomeMy WebLinkAbout1998/07/06 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES
ST. LOUIS CITY COUNCIL MEETING
PARK ST. LOUIS PARK, MINNESOTA
July 6, 1998
1. Call to Order
Mayor Dorfman called the meeting to order at 7 30 p m.
2. Presentations
2a. Parktacular Recognition - Mayor Gail Dorfman briefly commented on the success of
all the Parktacular activities and presented a Certificate of Appreciation to the following
persons for their dedicated service. Parktacular Board Members. Chuck Ostrom, Betty
Danielson, Bob Ramsey, Jim Lanenberg, Pat Markgraf, Phyllis McQuaid, Dave Payne, Jim
Rhodes; Committee Chairs: Yvonne Thomas, Louise Kurzeka, Louis Ryg, Julie Haberman,
Chuck Pfannenstein, Marti Biegler and Park and Recreation Staff, Bridget Wynn
2b. 1998-99 St. Louis Park Royalty were present and made introductions
3. Roll Call
The following Councilmembers were present. Chris Nelson, Sue Sanger, Ron Latz, Robert
Young, Jim Bnmeyer, and Mayor Gail Dorfman.
Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Director of
Community Development (Mr Hannening); Police Chief(Mr. Luse), Director of Finance
(Ms. McBnde); Planning Coordinator(Ms. Erickson) and City Clerk(Ms. Larsen).
Mayor Gail Dorfman announced the recent sudden death of Ernie Peterson, Director of
Inspections and noted that a date for memorial services was yet to be determined.
4. Approval of Minutes
4a. City Council meeting of June 15, 1998 - Minutes were approved as presented.
4b. City Council study session meeting of June 8, 1998 -Minutes were approved as
presented.
4c. City Council study session meeting of June 22, 1998 -With the exception of the
following addition, add Sue Sanger to Roll Call, the minutes were approved as presented.
4d. Joint City Council/School Board meeting of June 24, 1998 -Minutes were approved
as presented.
4e. City Council special meeting of June 29, 1998 -Minutes were approved as presented.
5. Approval of Agendas
a. Consent Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer to
approve the consent agenda. The motion passed 6-0
b. Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Sanger to approve
the agenda The motion passed 6-0
c. Resolutions and Ordinances
By consent, Council waived reading of resolutions and ordinances.
6. Public Hearing
6a. Public Hearing on the Resolution Giving Preliminary Approval to a Project and Its
Financing Under the Municipal Industrial Development Act; Referring the
Proposal to the Minnesota Department of Trade and Economic Development for
Approval; Authorizing the Execution and Delivery of an Agreement as to
Indemnity and Payment of Expenses; and Authorizing Preparation of Necessary
Documents
Resolution # 98-89
Bruce Kohn, CEO of Sholom Community Alliance was present and thanked the Council for their
consideration.
Mayor Dorfman closed the public heanng with right of the Council to reopen it at a future date
It was moved by Councilmember Latz, seconded by Councilmember Brimeyer to approve the
resolution. The motion passed 6-0
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6b. Zoning Ordinance amendment to "I-G" General Industrial District.
Case 98-13-ZA
Ms. Jeremiah, Planning Manager indicated that Staff and the Planning Commission recommended
that offices occupying over 50% of the gross floor area be Permitted with Conditions (rather than
by Conditional Use Permit) in"I-G" General Industrial District subject to the conditions listed in
the staff report.
Ron Lund, owner of Lund Real Properties, 6520 Nordic Drive, Edina was present and thanked
the Planning Commission and Council for their consideration.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
Councilmember Sanger asked staff why the entire ordinance was being amended rather than
completing a CUP for this specific property
Ms. Jeremiah stated that the proposal under current ordinance would require both a CUP and a
variance to the intensity limitation, thus the proposal would change the code so that a variance
would not be required or nor would require a CUP along as certain additional conditions were
met that were currently not spoken to in the code, with the assurance that they are meeting the
parking requirement for an office use It also retains other conditions that are currently in the
code that traffic not be on local residential streets and architectural codes be met.
Councilmember Sanger asked if the architectural codes apply to the entire building or just the
portion that are offices
Ms Jeremiah stated that the architectural codes would apply to the entire building.
Councilmember Nelson asked how this change compared to the change that was introduced on a
temporary basis in 1994 to allow this similar use in the same building.
Ms Jeremiah stated that there was a proposal for churches or other religious institutions in
industrial districts that was considered in the past and this property was never used for that
purpose, but subsequent to that, the school of communication arts came in and operated
consistent with code requirements.
Mr Meyer clarified that the request was to allow religious institutions as a permitted use in an"I-
G" District that was approved and at a later point in time the Council removed that permitted use
from the"I-G" District. ,
It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to waive First
Reading of the proposed ordinance amendment and set second reading for July 20, 1998.
Councilmember Brimeyer asked if there was a reason not to change the ordinance.
Ms. Jeremiah stated that the strongest argument not to change the ordinance would be to preserve
industrial districts for pure industrial uses.
The motion passed 6-0.
6c. First Reading
Case No. 98-15-ZA
Zoning Code Text Amendment
Ms. Erickson, Planning Coordinator presented a staff report and explained the two conditions
which required screening that had been recommended by Planning Commission.
Mayor Dorfman asked if the Planning Commission reviewed the practical enforcement issue.
Ms. Erickson stated that the Planning Commission did not focus on enforcement, but rather what
they felt would be neighborhood complaints.
Mr. Harmening indicated that the while the provision that dictates the type of screening required
was easier to understand, it would be more difficult to practically enforce. He suggested that the
Council consider the ordinance as the Council had originally looked at it before being sent to the
Planning Commission.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
Councilmember Nelson stated that his original concern was to require screening if a property
abutted a park and was pleased with this addition to ordinance, and didn't believe screening was
required if property was abutting residentially zoned but undeveloed property.
Councilmember Sanger didn't believe there was an enforcement problem if the amendments
remained as Planning Commission had drafted it.
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Councilmember Young supported the Planning Commission expanding the screening provisions
to include screening from adjacent parks and abutting residential properties.
It was moved by Councilmember Sanger, seconded by Councilmember Young, to waive first
reading of Zoning Ordinance amendments, approve ordinance, and set second reading for July 20,
1998 The motion passed 6-0
6d. Amendment to special permit at 8332 Highway 7 (Knollwood Mall)
Case Number 98-16-CUP
Ms Jeremiah, Planning Manager presented a staff report and stated that staff and Planning
Commission recommended approving the amended special use permit subject to the conditions
outlined in the staff report
Bill Mauston, General Growth Properties was present and thanked staff and Council for their
consideration
Bob Shattuck of Jerry's Foods and SuperValue Representatives who would be the operations of
the new site were present and stated that exterior remodeling would begin soon and possibly open
February, 1999
_ Christopher Enckson, 3533 Virginia Avenue South, was concerned about the store being open 24
hours per day, additional noise, proposed screening, traffic off of 36th Street, pedestrian use of
residential roads, security, police protection, and recommended a screen wall be built on the north
side of 36t Street.
Mayor Dorfman asked what the resolution said in terms of regulating the loading dock trash
compactor noise in the middle of the night and pedestrian traffic.
Ms. Jeremiah stated that the resolution didn't speak specifically to this, but a noise ordinance in
city code was applicable to this use She indicated that the inspections department regulated and
administered this code. She stated that the traffic study did not examine the pedestrian access
She stated that it was a possibility to add another retaining wall, but this had not been considered.
Craig Mevisson of SuperValue stated that the building loading dock was lower than the profile of
the area relative to the adjacent grade. He addressed the noise issue, direct store deliveries,
perishable dock on north side with early morning hour deliveries, main grocery receiving docks,
trash compactor on the north side with ram inside building to minimize noise, and construction
had camera on exterior parking lot and was monitored to minimize security issues.
Bill Mauston, clanfied that changes had been made to accommodate loading, trucks would be
turned off while unloading, and security meets requirements necessary to provide the security for
a 24 hour store.
John Luse, Police Chief stated that when Byerly's opened its 24 hours store security was not an
issue, however traffic congestion was more of a problem and had to be considered. He indicated
that there were no considerable changes in crime patterns.
Councilmember Brimeyer asked if the proposed wall would cover the current lighting in the lot
and was it going to be upgrading.
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Bill Mauston stated that the parking lot lights would be upgraded, but met requirements and did
, i not negatively impact the residential area.
Alan Averto, 3536 Avenue, was concerned with the type of wall being proposed and
t asked if the wall would help prevent noise to the neighborhood He raised some issues with
landscaping and drainage and asked if survey of neighborhood would be conducted after the
opening of the supermarket to see how the neighborhood had been impacted.
Ms Jeremiah stated that the wall would help shield some noise, but not be engineered for
acoustics. She reviewed plans for increased landscaping.
Mayor Dorfman stated that the City would like to hear from residents who had concerns that
were not addressed or foreseen at the time of approval.
Mr. Meyer stated that the City's Inspection Department would be responsible for monitoring the
operations
Orville Jenson, 3537 Wyoming, was concerned about length of screen wall and asked where
placement was in conjunction with present access from mall to 36th street He suggested
extending wall to consider further screening because of other disruption from other businesses at
Knollwood.
Kaye Hayes, 3544 Utah Avenue South, was concerned that the screening wall would have little or
no effect for her because her house was located on an incline.
Ms. Jeremiah indicated that evergreen landscaping being planted would take some years to tower
over retaining wall and provide additional view and sound protection.
Jeff Gunderson, 3532 Virginia Avenue South, was concerned about the landscaping, store being
open 24 hours, and inadequacy of the corner of Texas Avenue and 36th Avenue to accommodate
traffic.
Ms. Jeremiah reviewed traffic study results of p.m. peak and noted there would be access for
west bound traffic on Highway 7 to enter CUB foods.
Marcia McDermaid, 3 545 Wyoming Avenue South, was in support of the addition of a grocery
store in the area, but was concerned about the increased traffic and noise in the area and
wondered what the impact of this new additional would be. She suggested further study on the
impact of the noise and use of screening.
Kim Jacobson, 3533 Virginia Avenue South, was opposed to the addition of a 24 hour store. She
was concerned with increased pedestrian traffic, issue of noise and sound wall.
Gay Swenson, 8814 Stanlen Road, was in support of the addition of Cub Foods, but sympathetic
of residents in the area.
Mayor Dorfman asked if there were any Cub Food stores in the metro area that weren't 24 hour
operations.
Bob Shattuck stated that they were all 24 hour operation and indicated they were sensitive to
neighborhood issues He provided some information about the development of Cub Foods at 60th
and Nicollet site, and stated with controlling the hours of truck deliveries, that no complaints had
been received to date.
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Donna Vassar, 3 544 Virginia Avenue, was concerned about that Cub would bring more traffic
than Montgomery Ward did and did not like change of loading dock to north side.
Mr. Shattuck indicated that the loading dock issue was examined and safety was the major factor
for relocating receiving docks to north side
Councilmember Sanger asked Mr Shattuck if all the truck would be entering and existing off 36th
Street.
Mr. Shattuck stated that this was the case, approximately 6 large trailers and 12-24 small delivery
trucks or vans per day.
Mayor Dorfman asked staff if pedestrian bike issues could be addressed.
Ms. Jeremiah reviewed the present amount of sidewalks, and suggested extending a sidewalk
along the area near to the screening wall and transit stop
John Wilson, 3544 Utah Avenue South, was concerned about the increased traffic.
Ms. Jeremiah indicated that the traffic study compared the existing Wards store to the proposed
new grocery store The p m peak time generated 30 direct trips to and from the store, where the
grocery store would generate 170 direct trips A 5 fold increase
Mayor Dorfman recommended that the timing of the lights at Texas and 36th be modified to
accommodate pedestrian traffic.
Bill Mauston stated that they were willing to work together in solving pedestrian traffic issues.
Donna Vassar, 3544 Virginia Avenue, recommended that a retaining wall spanning the length
from Texas to Aquila down 36th be considered to reduce noise. She didn't want the value of the
properties decrease and desired to see the neighborhood survive.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
Councilmember Latz questioned the accuracy of the traffic study and asked if the proposed
alterations in the intersections were based upon the total volume anticipated or based upon the
total trips to be added.
Ms. Jeremiah stated that the study examined the total trips that would be projected from the
supermarket being open in the future and some background growth. She indicated that the Public
Works department did speak directly with Benshoof during the preparation of this study and did
have some questions, but this was reviewed with traffic engineers before it was finalized and
would require review by MN Department of transportation before approved.
Councilmember asked if traffic study results were determined by visual conclusions rather than
computer analysis.
Ms. Jeremiah stated that it was her understanding that they went out and made counts, considered
background traffic, and the type of traffic of other standard supermarkets.
Councilmember Latz, asked if traffic using right turn off Highway 7 into site was calculated in
study.
Ms. Jeremiah stated that the study didn't strongly favor factoring this into study in order to
consider worse case scenario if all turned right off Highway 7 on to Texas Avenue at signal.
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Councilmember Latz was concerned about traffic congestion and safety of the right turn access
off of Highway 7 to the supermarket, that the screening wall was not adequate and needed to
consider other ways to absorb noise from Knollwood Mall, lack of limitation on hours of truck
deliveries He recommended that staff further consider these issues and provide a response to
Council.
Mayor Dorfman asked Mr Shattuck what impact a delay would have on project.
Mr. Shattuck indicated that the time was critical for project, but believed a two week delay would
not interfere with current construction schedule
It was moved by Councilmember Latz to continue discussions of issues raised.
Ms. Jeremiah indicated that staff could examine pedestrian access issues, noise concerns, primarily
through additional screening or perhaps limitation on hours of loading, and addition of retaining
wall on north side of 36t Street
Councilmember Latz withdrew the motion to continue discussions.
Councilmember Sanger asked what the applicable architectural standards were for the store and if
proposal was in compliance. She asked staff to make suggestions on how congestion with left
turns off of 36th Street could be minimized, and pedestrian and bicycle access to the site from
adjoining neighborhoods exist. Also recommended that pedestrian and bicycle safety within the
parking lot area to assure safe transit.
Ms. Jeremiah indicated that the proposal was in compliance with City code for architectural
standards, but further design changes, i.e. painting brick a new color, may need to be examined.
She stated that traffic study did look in detail at all movements and impacts on number of
vehicles, and conflicts would not be great enough to warrant additional traffic lights and since this
was an overall general renovation of the store, new standards have not affected the renovation
and staff did see that they would have to meet special requirements.
Councilmember Sanger asked if such requirements could be written in as part of the special
permit.
Ms. Jeremiah stated that this was a possibility.
Councilmember Bnmeyer raised the issue of what the special permit ought to be. He explained
that the final result should be a successful retail operation which was as compatible with the
neighborhood as possible, recognizing that 100% compatibility was not possible. He believed the
plan was deficient in that it was not bicycle or pedestrian friendly. Therefore, the compatibility
with the neighborhood had diminished and may also mean noise absorbing walls are a part of this
project
It was moved Councilmember Latz, seconded by Councilmember Brimeyer to table issue until
next City Council Meeting on July 20, 1998. The motion passed 6-0
7. Petitions, Requests, Communications
7a. Presentation on Wolfe Park Improvements by Community Development Staff
Bruce Cornwall, St Louis Park architect made a brief presentation on all of the proposed
improvements to be made to Wolfe Park, and gave a status report on these improvements
8. Resolutions and Ordinances
8a. Approval of a 1998 Labor Agreement between the City of St. Louis Park and Law
enforcement Labor Services (LELS) Local#218 covering Police Sergeants.
Resolution # 98-90
Mr Meyer, City Manager indicated that the most significant features were that this contract
didn't include the position of Lieutenant and Captain, and approval was late due in part to the
turnover of Personnel Director, Wally Wysopal and the retirement of the Union Steward, Larry
Sewall thus ended up with an extension.
John Luse, Police Chief stated that the contract gave him ability to reorganize staff, was
consistent with other labor grants in the City, and affirmed commitment to community policing
commitment He thanked the City Manager for his tremendous effort to help out with this
agreement.
It was moved Councilmember Brimeyer, seconded by Councilmember Young, to adopt the
attached resolution approving the labor Agreement for 1998 for Police Sergeants, LELS #218.
The motion passed 4-0 (Councilmembers Latz and Nelson absent)
8b. CDBG Third Party Agreement Perspectives, Inc.
Resolution # 98-91
It was moved Councilmember Brimeyer, seconded by Councilmember Young to adopt a
resolution authorizing the Mayor and City Manager to execute a Third Party Agreement with
Perspectives, Inc. The motion passed 4-0. (Councilmembers Latz and Nelson absent)
8c. Second Reading of Ordinance to Amend Section 9-113, Restrictions on Water
Use
Ordinance#2122-98
It was moved Councilmember Brimeyer, seconded by Councilmember Young to waive the second
reading, adopt the ordinance amendment relating to water restrictions, and approve the summary
of the ordinance for publication The motion passed 4-0. (Councilmembers Latz and Nelson
absent)
8d. Change Order No. 1 to Contract No. 16-98 with Hardrives,Inc.W. 35" Street-
Raleigh Avenue to cul-de-sac east of Highway 100 -Project No. 16-98
Resolution # 98-92
By consent, Council adopted the attached resolution authorizing execution of Change Order No.
1 in the amount of$20,748 00 to Contract No 16-98 with Hardrives, Inc., increasing the total
contract amount from $143,011 00 to $163,759 00
8e. Resolution authorizing Metropolitan Council Livable Communities Grant
Application
Resolution # 98-93
Mayor Dorfman asked if adopting resolution completed application.
Ms. Jeremiah stated that additional work on the application was needed related to the financial
aspects and exact housing mix, which would be discussed in more detail at next study session, and
noted the application was due July 22, 1998.
It was moved Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt a
resolution authorizing application for the Livable Communities Demonstration Program
requesting funding for Park Commons Redevelopment Phase One, Block 1. The motion passed
5-0 (Councilmember Latz absent)
9. Reports from Officers,Boards, Committees
9a. Planning Commission Minutes May 20, 1998 By consent, Council accepted report for
filing.
9b. Planning Commission Minutes June 3, 1998: By consent, Council accepted report for
filing.
9c. Housing Authority Minutes May 13, 1998: By consent, Council accepted report for
filing.
9d. NRC Minutes May 13, 1998: By consent, Council accepted report for filing.
9e. Vendor Claim Report By consent, Council accepted report for filing.
10. Unfinished Business
10a. Board and Commission Appointment(s)
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to appoint
Herbert Isbin to the Human Right Commission and to re-appoint Bridget Gothberg for another
term to the Housing Authority. The motion passed 5-0 (Councilmember Latz absent).
11. New Business
lla. DKH Settlement
It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve
settlement of DKH claim involving excavation work at the Recreation Center with a city
contribution of$309,190 subject to review and approval of final settlement documents by the City
Attorney and authorizing the Mayor and City Manager to execute all necessary settlement
documents The motion passed 5-0 (Councilmember Latz absent).
llb.' Authorization of Trail and Sidewalk Plan
Ms. Erickson, Planning Coordinator briefly explained the request for authorization to undertake
the preparation of a City-wide trail and sidewalk plan for inclusion into the Comprehensive Plan.
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve the
scope of work for the City-Wide Trail and Sidewalk Plan project and to authorize the Mayor and
City Manager to execute a contract with Close Landscape Architecture for professional services
to complete the Plan. The motion passed 5-0 (Councilmember Latz absent)
12. Miscellaneous - None
13. Claims, Appropriations, Contract Payments
a. Contract payments
Payment- Final
Hardrives, Inc - Contract No. 4086 $49,129.40
Park Place Boulevard/W. 16th Street& Gamble Drive
Matt Bullock Contracting - Contract No. 4165 $8,654.55
Twin Lakes/Oak Park Village
By consent, Council adopted resolutions#98-94 and 98-95
Partials
Midwest Asphalt Corporation - Contract No. 17-98 $243,634,11
Ford Road/Shelard Parkway/Ford Lane
Hardrives, Inc - Contract No 14-98 $151,481.80
Construction of Excelsior Boulevard - Phase 2
Monterey Ave. to France Ave.
Ron Kassa Construction, Inc. - Contract No. 19-98 $11,987.40
Random concrete repair
Hardrives, Inc. - Contract No 16-98 $73,728.45
W 35t/W. 36th/W. 23r1/W 24th Street/Utica Avenue
By consent, Council approved and authonzed payments
14. Communications
Councilmember Brimeyer asked what the effective date was for the Zoning Ordinance screening
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requirement.
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II Judie Erickson stated that it was July 1, 1999 because if the screening requirement was put in
1 i before July 1, 1999 there wouldn't be enough time to notify residents of the requirement or for
residents to take appropriate action to be in compliance.
15. Adjournment
A motion to adjourn was made by Councilmember Brimeyer, and seconded by Councilmember
Sanger The meeting adjourned at 10 05 p m.
cPticx. MO A • e-A5L6tit
ty Clerk Mayor