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HomeMy WebLinkAbout1998/09/08 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA September 8, 1998 1. Call to Order Mayor Gail Dorfman called the meeting to order at 7 30 p m 2. Presentation - P.A.L.S. Program Bridget Wynn, Special Programs Coordinator, briefly explained the history of the P A.L.S Program. Joanna McLaughlin, Summer Intern, presented a video and recognition certificates to the youth who completed the program 3. Roll Call The following Councilmembers were present- Jeff Jacobs, Chris Nelson, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer, and Mayor Gail Dorfman Also present were the City Manager(Mr Meyer); City Attorney (Ms Poehler); Director of Community Development (Mr Harmening), Planning Associate(Ms Peterson), Director of Finance (Ms McBride), and Economic Development Coordinator(Mr Anderson) and Director of Public Works (Mr Rardin) 4. Approval of Minutes 4a. City Council meeting of August 17, 1998 With the following changes the minutes were approved as presented Page 10, Item 7a, Paragraph 9, change language, which would permit the reconstruction of damaged or destroyed accessory structures to non-conforming structures. Page 11, Item 8a, Paragraph 10, change language, was against the deletion of paragraph B2 because it made possession of the weapon the offense for adults 4b. City Council Study Session of August 10, 1998 With the following changes the minutes were approved as presented Page 13, Paragraph 2 and Paragraph 7, change abbreviations Page 16, Paragraph 6, add language, was also concerned that issues of noise mitigation were not adequately addressed 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Nelson to approve the consent agenda The motion passed 7-0 b. Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Nelson to approve the agenda The motion passed 7-0 c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances 6. Public Hearings 6a. Conditional Use Permit at 3120 Glenhurst Avenue Resolution # 98-98-114 Sacha Peterson, Planning Associate, presented a staff report and recommended approval of the CUP for multiple family housing and a separate property management building subject to the conditions outlined in the staff report She reported to the Council that the Watershed District had scheduled consideration of the project for October 8th and delayed consideration of the project until there was some indication of approval from the City of Minneapolis However, the applicant was planning to go before the Watershed District Board on September 10th to request limited approval to begin site work on the St Louis Park property prior to the approval of the Minneapolis CUP. Staff would be comfortable with allowing site work on the St Louis Park side provided that Watershed District approval for that work had been obtained Ron Pentz, property owner of 3125 Inglewood and 4125 W 31st Street, was concerned about increase of traffic and its impact on the neighborhood and believed further study was needed John Bell, Klodt Development (Albrecht Family Partners II, KK-FIve Corporation) was present and stated that all the conditions outlined in the staff report were understood and would be addressed He presented traffic data which predicted peak a m traffic and stated that Inglewood Avenue would be able to handle the increase Mayor Dorfman asked staff if traffic impact on the surrounding residential area was examined. Ms Peterson indicated that the area is designated for redevelopment and was in a R-4 District where the Comprehensive Plan guided this as able to accommodate this level of traffic and was reviewed and approved by Public Works Department Mr Harmening stated that given the rather low density of other units that use Inglewood Avenue and the other ways to get out of that neighborhood (two other routes) the increase of 1,000 trips and existing traffic as discussed with the Public Works Director, was not a number that was excessive when considering Inglewood Avenue as a primary source for this project Ken Isaacson, 3106 Inglewood Avenue South, was concerned about traffic and the development having a single access point He had made significant investment in the neighborhood trying to help improve it, and believed this kind of project could help, but thought that redirecting all the traffic at one point was a mistake and other ways to provide good access to the existing parking lot had not been fully explored. Mr Isaacson questioned where the usable open space was and requested that staff do a proof of the open space from an engineering point and a traffic study of the area He asked Council to deny the request, pursue less density and meet the original R-4 zoning or prove it conditioned on a second access Ms Peterson indicated that she confirmed with Mr Moore, Zoning Administrator, that all the usable open space requirements were met Mr Bell reviewed the existing grade plan for the development and explained the difficulty with developing a second access Camilla Grimstad, 3826 Inglewood Avenue, was concerned about the increased density of the development increasing traffic and the railroad tracks being a concern for future residents. Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date Councilmember Nelson believed that the project would be good for the area and the trail would be a good amenity He stated that the traffic met zoning requirements and he believed that as other parcels were developed additional access points would open up Councilmember Jacobs was concerned about the potential bottleneck at Highway 7 and asked what sort of impact would the City have on the County if traffic problems developed Mr. Harmening stated that the City would meet with the County to discuss options for improving the situation and if warrants were met in terms of signalization, a schedule would be developed for installation and work out a finance plan He said it would be ideal to have another access point to the site, but under the circumstances it appears to be the only situation for which access can be provided Councilmember Brimeyer believed that the use was good, and traffic a concern, but wouldn't be any different than any other development in a residential area Mayor Dorfman indicated that the future has high density, mixed-use housing units and the whole area of town will be more congested as part of achieving livable community principles She stated that clearly traffic patterns and transit that made sense would have to be worked out and as the immediate area was redeveloped other access points would be evaluated Councilmember Sanger was in support of the project She asked if there was a way to structure approval that stated Council would approve it but have a contingency on it that if indeed the fears of excess traffic exist and were documented that at a later time the developer would be required to add additional access or underwrite the cost of a traffic signal Ms Poehler, City Attorney stated that there would be problem with imposing this type of requirement It was moved by Councilmember Nelson, seconded by Councilmember Young, to adopt a resolution approving the conditional use permit subject to conditions included in the resolution The motion passed 7-0 6b. Public Hearing on the Resolution Giving Preliminary Approval to the Refinancing of Park Ridge Apartments Revenue Bonds and Authorizing the Execution and Delivery of an Agreement as to Indemnity and Payment of Expenses; and Authorizing Preparation of Necessary Documents. Resolution #98-115 Mayor Dorfnan closed the public hearing with the right of the Council to reopen it at a future date Councilmember Sanger asked what plans were in place to improve property The developer stated approval would enable them to make necessary maintenance improvements while holding rents at reasonable level It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to approve the resolution The motion passed 7-0 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Resolution for Gambling Premises Permit for 0-Tooles Pub at 4608 Excelsior Boulevard Resolution #98-116 Mr Meyer, City Manager stated notice was sent to neighborhoods that they had an opportunity to speak to issue It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to adopt the resolution approving the premises permit The motion passed 7-0 8b. Resolution for Gambling Premises Permit for Gipper's Sports Bar at 4608 Excelsior Boulevard Resolution #98-117 Gayle Crose, 4000 Highwood Road, questioned the benefit of gambling to the citizens of St Louis Park She saw little or no benefit and respectfully asked that the City decline to authorize permit because she believed the City had authority to limit gambling Mayor Dorfman asked City Attorney to review City's role in this issue Ms Paylor, City Attorney stated that the City had the authority to prohibit gambling, but had chosen not to and if applicants met requirements of the State Statue then the City has no authority in denying that permit • Ms Crose believed that there were many local organizations that were in need of funding and if gambling was allowed in St Louis Park, then funds raised should benefit programs Councilmember Nelson asked the City Attorney if conditions could be placed on applicant Ms Paylor stated that the City could put the following restrictions on the applicant Limit of 10% of net profits be returned to City administered fund which could be used for lawful purposes within the City with some restrictions, and a statutory provision that allowed a municipality by ordinance to provide for any or all of the profits that are received by gambling to be spent within the City's trade area (includes the contiguous cities as part of definition) Peter Levy, President of St Louis Park Youth Hockey Association, indicated that 100 of funds 111 go back into St Louis Park and benefit both those who participate in hockey, other youth sports association, and non-sport organizations Larry Osgood, 4337 Browndale Avenue, President of Girls Basketball Association, stated his dissatisfaction, along with the Basketball association and other youth organization with the entire pull-tab process He stated it was a very closed process, and without a personal relationship to the owner of facility of pull-tabs there was no possibility to get into the establishment There also was a lack of awareness of how little of the funds raised were benefiting the City of St Louis Park He presented statistics from the Public Works Department of where previous association MRPA(Minnesota Recreation Parks Association) proceeds from Classic Car Company were going Dan Klinkhammer, Director and Mike Duane, President of Minnesota Youth Athletic Services were present Mr Klinkhammer explained that there were several St Louis Park participants in their program and was willing to encourage his Board to make sure there was a generous donation back to the City of St Louis Park for distribution. Councilmember Young was not opposed to gambling, and believed that revenues raised in St. Louis Park should be retained in St Louis Park for local activities to the extent that the law allows He would like to send a message as a Council, that when an organization requests 111 approval, they should really be focused on benefiting St Louis Park residents Councilmember Brimeyer concurred with Councilmember Young. Mayor Dorfman confirmed with City Attorney that restrictions would need to be done by ordinance and begin on the effective date of ordinance impacting any establishment with pull tab operations Councilmember Nelson asked how restrictions on funds would impact operation of Minnesota Youth Athletic Services Mr Klinkhammer indicated that restrictions by ordinance would not negatively impact operations. Councilmember Latz was in favor of keeping funds in St Louis Park, but imposing any St. Louis Park benefit requirements at this meeting would violate State Law He believed that State Law had changed and recommended revisiting the issue at a study session Gayle Crose stated that she believed that the only St Louis Park sport benefiting from Minnesota Youth Athletic Services was basketball Mr Klinkhammer indicated that 32 AAU sports were involved in the program 1 Councilmember Sanger asked if approval could be postponed until there was time to consider and pass another ordinance Ms Poehlor, City Attorney stated that it was not within the City's authority to postpone approval when it was conditioned upon looking at what elements that the City was not authorized to deny it upon It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to approve the Premises Permit The motion passed 6-1 Councilmember Young opposed Sc. Resolution for Gambling Premises Permit for Classic Bar& Cafe at 4700 Excelsior Boulevard Resolution # 98-118 It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to approve the Premises Permit The motion passed 6-1 Councilmember Young opposed 8d. Possession of Knives or Edged Weapons in School Zones Ordinance# 98-2126 Councilmember Nelson believed that the exemption should be put in He questioned the reason for making possession of a knife illegal for an adult and the how the ordinance would be enforced. Councilmember Jacobs wanted to ensure that action taken achieved desired result. Mayor Dorfman indicated that the goal was to have zero tolerance policy at the schools Councilmember Latz stated that problem with youth was one issue, but not intended to criminalize conduct by adults Mr Luse, Police Chief, explained that according to the State Statue senior citizens were in violation whether Council passes ordinance or not, but believed that is a case was brought to the County Attorney with a senior citizen they would probably decline to charge. Mr Meyer, City Manager clarified that the intent was to mirror the State Statue, but because the City has the ability to enact this at the misdemeanor level, so could be prosecuted by the City prosecutor as opposed to turning the case over to the County prosecutor, which would throw the cases out because they don't meet the 4 inch requirement The concern of City Attorney was that once the City has deviated from mirroring the State Statue, then ordinance could be challenged as being obscure and exemption attacked on the basis for throwing out the ordinance. It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to amend ordinance by adding exemption clause back in The motion failed 3-4 Councilmembers Brimeyer, Dorfman, Sanger and Young opposed It was moved by Councilmember Sanger, seconded by Councilmember Young, to waive second reading, adopt ordinance, approve summary and authorize publication The motion passed 6-1. Councilmember Nelson opposed 8e. Second reading of an ordinance to amend City Charter Chapter 11.03 (Vacation of Streets) and certain Appendices Ordinance # 98-2127 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to approve second reading of the ordinance to amend Charter Section 11.03 and Appendices, adopt ordinance, and authorize its publication The motion passed 7-0 Councilmember Nelson requested that a copy of the Charter Commission minutes be distributed with packet prior to meeting in the future 8f. Resolution Approving the Preliminary Property Tax Levy and Budget for the 1998 Fiscal Year and Establishing the Dates and Times for the Public Rearing Resolution # 98-119 Lance Boole, 7711 13th Lane, raised some questions about the upcoming budget and reserve requirements II Ms McBride, Director of Finance, stated that there were several complex issues and invited Mr. Boole to come to the office and review in further detail It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to amend resolution to also direct staff, prior to final approval, to present a plan for increasing inspection department resources to address enforcement for the revised Commercial and Recreational Vehicle Ordinance The motion passed 7-0 Councilmember Jacobs was concerned about making a commitment that took resources away because it was an unknown amount yet to be determined Mr Meyer, City Manager explained that the motion direct staff to prepare a recommendation, but was not obligating the Council to accept the recommendation, but would show what additional resources were needed and show where funds would come from It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to approve the resolution which establishes the preliminary tax levy and budget for 1999 and set the hearing date for December 7, 1998 at 7 30 p m The motion passed 7-0 9. Reports from Officers, Boards, Committees a. Planning Commission Minutes of August 5, 1998 By consent, Council accepted report for filing. b. Vendor Claim Report By consent, Council accepted report for filing 10. Unfinished Business 10a. Board and Commission Appointment(s) - None 11. New Business lla. Vision for the Arts Strategic Plan Susan Schneck, Carol Humphrey, Rick Person, Board members of Friends of the Arts were present Ms Scheck stated that Laurie Bramhall, Chair of Development Committee was not able to attend but has done all the work to bring project to where it was today Ms. Schneck reviewed an executive summary of process and work plan and stated that recently Friends of the Arts received an $8,000 grant from the Metropolitan Regional Arts Council and were excited to establish a clear collaborative vision for the arts for the community and was requesting support of $2,000 from the City Mayor Dorfman commended the achievement of the Friends of the Arts in achieving the grant from the Metropolitan Regional Arts Council and indicated that Council was looking forward to continue the collaboration in he future 1 Councilmember Latz asked how the funds contributed by City would be used and what fund they would come from Ms Schneck stated that the funds would be used for consulting hours to develop a strategic plan and the rest would be used for survey and town meetings Mr. Meyer indicated that between preliminary adoption of the budget and final adoption $2,000 would be reallocated from the general fund of the 1999 budget It was moved by Councilmember Brimeyer, seconded by Councilmember Jacobs, to authorize an expenditure of$2000 to support the Vision for the Arts Strategic Plan. The motion passed 7-0 11b. Confirmation of the Appointment of Cynthia S. Walsh to the Position of Parks and Recreation Director It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to confirm the appointment of Cynthia S Walsh to the position of Parks and Recreation Director effective September 21, 1998 The motion passed 7-0 11c. Scope of Work- Golden Auto Site-Railroad Connection Issue Mr Anderson, Economic Development Coordinator presented a brief update Councilmember Sanger believed it was not the contractor's job to determine economic feasibility for noise mitigation, but rather to determine technical feasibility and then develop cost estimates that would associated with each of the technical possibilities and affordability determined by Council Mr Anderson explained that the intent of the agreement in Section 3c was to look at environmental issues, noise and safety issues from a technical perspective and this would be completed by contractor Councilmember Sanger asked about a reference to a study group that would be established, and questioned who would be included and how they would be selected Mr Meyer indicated that this group had not been identified and this item would be brought back to Council for discussion Councilmember Sanger stated that she was in total disagreement with the selection of this particular consultant for doing the work simply because he does not appear to have the relevant background to do this kind of study or expertise in railroad related experience and was opposed to approving the contract It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, approve a Scope of Work associated with carrying out certain roles and tasks outlined in the preliminary agreement between the City of St Louis Park/EDA and Hennepin County and authorizing the Mayor and City Manager to execute a professional services agreement with Richard L Koppy/RLK and Associates for project management services The motion passed 6-1 Councilmember Sanger opposed 11d. Bid Tabulation: Purchase of Granular Activated Carbon (GAC)Supply By consent, Council authorized execution of a contract with Calgon Carbon Corporation for the purchase of GAC in the amount of$27,628 00 lle. City Engineer's Report: City-wide Random curb and gutter and sidewalk repair work- Project No. 98-07 Resolution # 98-120 By consent, Council adopted the attached resolution accepting the City Engineer's Report, establishing and ordering improvement Project No 98-07, approving plans and specifications, and authorizing receipt of bids llf. Bid Tabulation: One (1) New 4X4 Utility Vehicle By consent, Council moved to designate Superior Ford the lowest responsible bidder for one (1) New 4X4 Utility Vehicle and authorize execution of a purchase agreement with Superior Ford, Inc in the amount of$28,700 00 12. Miscellaneous - None 13. Claims, Appropriations, Contract Payments a. Contract payments - Partial Midwest Asphalt Corporation- Contract No 17-98 97,690 89 Ford Road/Shelard parkway/Ford Lane Hardrives, Inc - Contract No 14-98 145,535.12 Construction of Excelsior Boulevard -Phase 2 Monterey Ave to France Ave Hardrives, Inc - Contract NO 16-98 7,209 55 W 35th/W 36th/W 23/W 24/Utica Thomas and Sons Construction, Inc - Contact No 47-98 3,392 78 Louisiana Ct From W 28th St to cul-de-sac Concrete sidewalka nd street lighting DMJ Corporation - Contract No 37-98 Bridge Maintenance By consent, Council approved and authorized payments 14. Communications Councilmember Nelson stated that that the radar trailer had begun to be used throughout the city to help deter speeding 15. Adjournment It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adjourn the meeting at 1020 p m The motion passed 7-0. ,d;1/4-. ..<9-11.-- Ajo 410%,,,,,,. C Clerk Mayor