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HomeMy WebLinkAbout2000/02/07 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA February 7, 2000 1. Call to Order Mayor Jacobs called the meeting to order at 7 30 p m 2. Presentations - None 3. Roll Call The following Councilmembers were present at roll call Jim Brimeyer, Ron Latz, Chris Nelson, Sue Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs Also present were the City Manager (Mr Meyer), City Attorney (Mr Scott), Community Development Director (Mr Harmening), Public Works Coordinator (Mr Merkley), Engineering Superintendent (Mr Moore), Planning Manager (Ms Jeremiah), Planning Coordinator (Ms Erickson), and Recording Secretary (Ms Olson) 4. Approval of Minutes The minutes were approved with the following corrections Page 8, Item 3, Roll Call, note that it was Councilmember Santa who in attendance of the meeting and not Councilmember Sanger Page 15, Item 6b, Paragraph 4, change "Jeff Bale" to "Jeff Bail!" Page 17, Item 8b, Paragraph 8, it was Councilmember Santa who made the comment Page 16, Item 8a, Paragraph 2, changed to "the zoning ordinance that would place three liquor establishments within the 1 1/2 block area" 5. Approval of Agendas a. Consent Agenda. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the consent agenda with the removal of Item 8j and with the correction to Item 13, actual amount for Killmer Electric should be $3,111 83 The motion passed 7-0 Councilmember Latz noted that in Item 9g, Police Civil Service Commission Minutes of September 20, 1999, it was identified that Brian Leary was absent, yet it was recorded that he seconded the motion later in the meeting b. Agenda - ' It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda with the addition of Item 8j The motion passed 7-0 Council Meeting Minutes -2- February 7, 2000 c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances 6. Public Hearings 6a. First Reading of the Ordinance Adopting a Stormwater Utility Scott Merkley, Public Works Coordinator made a presentation that provided information relating to Stormwater Utilities He outlined the following two options available to fund the stormwater management program Adopt the Stormwater Utility and discontinue the use of the Sanitary Sewer Utility and General Fund to fund storm water activities Reduce the Sanitary Sewer Utility and General Fund contributions accordingly Remain status quo and not approve the Stormwater Utility Continue use of the Sanitary Sewer Utility and General Fund Request an annual increase from these funds to provide the additional stormwater services required Sandy Ackerberg, 4201 Excelsior Boulevard, was concerned that the method of charging the fee to the owners of property was equitable for residential and commercial property He stated that it was difficult to determine what was stormwater run off verses run-off that was absorbed by the property itself and noted that public streets contribute a huge amount of water to the run off He also was concerned if the funds were going to be used for stormwater maintenance or capital improvements and what was the City going to do with the $200,000 savings from the Sanitary Sewer Utility Mayor Jacobs noted the fact that not only was the stormwater utility system getting old, there was some flooding in the City despite efforts to keep it from happening and this issue needed to be addressed in a pro-active way Mr Merkley stated that the public roadways were exempt because they are used by everybody in the community and charging the City would be taking it out of the general fund and defeating the purpose to charge the users that generate the stormwater He indicated that the funds would be used exclusively for storm water purposes and the rates would be reviewed annually by the City Council He stated that the $200,000 savings annually would provide for a 4 49 percent rate decrease for the sanitary sewer charges in the future Trevor Smith, 6712 W 26th Street, stated that he had expenenced flooding in the past and believed that it was important for the community to adopt an ordinance to establish a Stormwater Utility Ron Wydella, 6708 W 26th Street, stated that he had also experienced flooding in the past and believed that it was important for the community to establish a Stormwater Utility Nancy Gibson, 2712 Glenhurst Avenue, Golden Valley, Chair of Environmental Trust Fund stated that she encouraged the City to talk about prevention of these sort of problems and take a better look at "Mother Nature" and stop tearing down trees and replacing them with "designer ponds" Council Meeting Minutes -3- February 7, 2000 She was concerned about the use of chemicals that are extremely dangerous to children and causing a lot of water quality problems She asked what the education programs were to discourage the use of chemicals and encourage the use of native plants in St Louis Park Mr Meyer, City Manager pointed out that this project was an outgrowth of the City's stormwater management plan Mr Moore, Engineering Superintendent, indicated that this plan was part of the City's surface water management plan He indicated that the education program would involve public education to the community at large and the City Council would be considering the prohibition of certain pesticides and fertilizers in St Louis Park in the future once the surface water management plan was adopted He also stated that the majority of the flooding areas in the communities in the area are a result of filling low lying areas and creating parks in the past, but indicated that a program has been laid out to address these problem areas Mr Dubby, 2550 Webster Avenue, stated that he was concerned about creating new holding ponds that may be beneficial for some residents, but detrimental to other residents and believed the neighborhood affected should have the opportunity to approve these ponds Allan Paulson, 2724 Edgewood Avenue, requested a Koppy of the budget and asked for clarification of rates He was in favor of the stormwater utility and asked if there was a priority list based on the identified problem areas Debbie Reynolds, 2665 Huntington Avenue South, stated that she would like to see more information in newsletters and Sun Sailor encouraging residents not only to plant native plants, but discourage the use of chemicals Nancy Gibson, 2712 Glenhurst Avenue, Golden Valley, Chair of Environmental Trust asked Council to consider if there was a way to reward home and business owners who take better care of their property so that they don't have run off Mayor Jacobs closed the public hearing with the right of the Council to reopen it at a future date Councilmember Nelson stated that the goal was to have the rate for homeowners go down to maintenance costs after the capital improvements He asked staff if businesses that will be required to take private stormwater retention actions generate any kind of credit Mr Merkley stated that there was a process in the ordinance where businesses come in and provide us information showing us the size of the ponding area and then an adjustment would be made upon approval of the City Engineer Councilmember Latz emphasized that Staff has had numerous meetings with residential owners in all of the 22 flooding areas that have been identified in the City that are generating the need for capital improvements Councilmember Sanger believed that this approach to the fee structure was the most rational and if the City finds out later that it is not proper, adjustments can be made She appreciated Ms Gibson's comments on the elimination of chemicals which has been discussed in the past and emphasized the need to get back to that subject again Council Meeting Minutes -4- February 7, 2000 It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve first reading of an ordinance establishing a Stormwater Utility and set second reading for February 22, 2000 The motion passed 7-0 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Resolution Authorizing Renewal of Gambling Premises Permit for Minnesota Youth Boxing Club at Al's Liquor Store, Inc., 3912 Excelsior Boulevard. Resolution No. 00-007 Mr Meyer, City Manager stated that the intent of the Council was that organizations had a year to get into compliance with the new ordinance, so if at the end of the next year, this organization was not within the requirement that 90% of the proceeds were going within the trade area then they may not be in a position to renew, but they would be this year Councilmember Nelson stated for reasons previously stated on the record he was against this resolution, which shouldn't be taken as a particular criticism of the applicant It was moved by Councilmember Latz, seconded by Councilmember Santa, to approve Resolution No 00-07 authorizing renewal of gambling premises for Minnesota Youth Boxing Club at Al's Liquor Store, Inc , 3912 Excelsior Boulevard The motion passed 6-1 Councilmember Nelson opposed I 8b. First Reading of the Ordinance Amending Sanitary Sewer Utility Rates Resulting from the Ordinance Adoption of the Stormwater Utility It was moved by Councilmember Nelson, seconded by Councilmember Young, to waive first reading and set second reading for February 22, 2000 The motion passed 7-0 8c. Minnesota Department of Transportation Noise Wall Along the East Side of Trunk Highway 100. Resolution No. 00-008 Mr Moore, Engineering Superintendent presented a staff report and stated that the resolution should be revised to state that it is contingent upon receipt of funding of the Legislature Councilmember Nelson asked for clarification of the reduction of height in front of the church and what was the neighborhood feedback on this issue Mr Moore indicated that the position of the MN Dot noise expert, Mr Jim Hanson was that the distance in front of the church would be small enough that it would not have a significant on the noise transmitting through Councilmember Nelson stated that the residents on the west side of Highway 100 have expressed some concern that there may be reflected off of this wall and would affect the Brookside area, including the Brookside school and St Luke's Church He stated that Mndot has not allocated funding and we are not authorized to do so by the legislature in anywhere but residential areas and Brookside school and St Luke's Church are not residential area, so they don't qualify for a noise wall He stated that it was expressed at the neighborhood meeting that we need to monitor the Council Meeting Minutes -5- February 7, 2000 situation and have indicated that there studies will predict a decibel increase of one to two decibels which is below the threshold of human perception It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt Resolution No 00-008 requesting Mn/DOT to construct a noise wall along the east side of Trunk Highway 100 north of W 41st Street to a point 520 feet north The motion passed 7-0 8d. Resolution approving Park Commons East EAW, finding no need for an Environmental Impact Statement and requiring certain mitigation. Resolution No. 00-009 Greg Ingraham, Ingraham & Associates, presented a brief overview of the project and a gave a presentation on the EAW(Environmental Assessment Worksheet) He indicated that areas where the potential for significant environmental effects may have existed have been identified, and appropriate mitigation measures have been incorporated into the project design and permits He concluded that the Park Commons East redevelopment is expected to comply with all the City of St Louis Park standards and review agency standards, and an Environmental Impact Statement was not required Mr Meyer, City Manager stated that the City received a number of residential and commercial comments and also received a position paper from the Minikanda Vista Neighborhood Association He stated that there may residents present at the meeting who would like to speak to aspects of the proposed Park Commons East development, however the focus of the discussion probably ought to be to the environmental issues and there would be opportunities for further discussion with members of the neighborhood regarding the ments of the project Mr Meyer indicated that the City did not advertise for a public hearing, but notice was given on cable television, the City's web site and a flyer that was generated by the Minikanda Neighborhood Association and delivered to all of the neighbors in the area Councilmember Nelson made some general remarks about the position paper and stated that the a lot of the Minikanda Vista position paper had to with the merits of the Park Commons project and there will future meetings to do this He stated that it would be a good idea to look again at traffic on all of Excelsior Boulevard He stated that it would not be economically feasible to put in six story buildings in Park Commons, and four stories would be the maximum and he would like to see three story buildings He stated that there were no present plans with the exception of the Amoco Station to take any property on the South side of Excelsior Boulevard John Stonhouse, 3905 Joppa Avenue South, has been a resident of St Louis Park for 34 years He referred to the comments of the Metropolitan Council that the project will assist St Louis Park in promoting and implementing its Livable Communities Act and comments of support by the MPCA (Minnesota Pollution Control Agency) He stated that the City's response left out the need for open space He stated that he was involved in the charted process and commented on how the proposed Park Commons project has a sharply reduced Town Green and increased density which was not consistent with what he thought was happening He urged the Council and staff to rectify this as stated the position paper He reviewed some neighborhood goals and ti alternatives on page 12 of the position paper, highlighting the desire for less density, wider Town Green, further traffic study and an established architectural design guideline He indicated that generally the people in the neighborhood support the redevelopment, but were concerned about Council Meeting Minutes -6- February 7, 2000 the livable communities principles being applied for the area He recommended that the Council table this item until the issues mentioned were addressed Fran Rutherford, 4820 W 939th Street, #318, Wolfe Lake Condominiums representative, stated that they were in favor of the redevelopment, but were concerned about the impact of increased traffic and recommended that this issue be tabled until the results of a traffic study being done by Wolfe Lake Condominiums and West Moreland Hills was completed Betsy Baker, 3905 Kipling Avenue South, stated that as a member of the Minikakda Vista Neighborhood Association she does not believe that the EAW should be approved as it is because by approving it you are basically agreeing to the statement that there is no need for an EIS or further study She questioned the results of the 1995 traffic study stating that the total trips on Excelsior Boulevard were down since 1992 for a variety of reasons She believed additional traffic analysis was needed for the whole area rather than just Park Commons East in order to show the whole picture for growth of the Excelsior Boulevard corridor John Herbert, 4713 West 40th Lane, stated that he did not believe that the EAW was adequate and urged the Council not to adopt the resolution Lynn Wik, 3965 Quentin Avenue, was present and concurred with fellow residents Councilmember Nelson asked if the traffic consultant could address the issue of the results of the 1995 traffic study stating that the total trips on Excelsior Boulevard were down since 1992 Fred Dock, Parsons Transportation Group, explained what factors were considered for the traffic study that was used for the EAW and stated that he was using the cumulative forecast that was consistent with the 20 year design volumes that used on the segment between Monterey and France Councilmember Latz clarified that the cumulative impact was already included in the study, but they are not broken out specifically but simply included as part of the 2 1/2 % background increase Councilmember Sanger asked how the traffic consultant knows that the 2 1/2 % background increase really adequately covers the projected increased traffic from proposed traffic from Park Nicollet Mr Dock explained the theory that was used based on what was projected for the area on the basis of the Comprehensive Plan which included Park Nicollet Ms Jeremiah, Planning Manager bnefly commented on another comprehensive study that was done as part of Park Commons West study _ Councilmember Nelson questioned how all of these traffic studies fit together with all of the proposed projects in the future Councilmember Sanger asked Staff if it was any particular legal reason why this resolution couldn't be delayed Council Meeting Minutes -7- February 7, 2000 Mr Jeremiah stated that there was no reason why the resolution couldn't be delayed, but was concerned that the issues that are pointed out in the position paper are much broader and will be addressed in other public processes Councilmember Nelson stated that he would prefer to adopt the EAW and order a traffic study on the entire Excelsior Boulevard Corridor Councilmember Brimeyer believed that the traffic concern was legitimate because there will be an impact and how to minimize the impact is the key question that needs to be addressed He stated that the other issues raised about the density, Town Green, and civic use were also legitimate but emphasized that the project had to work financially and was not in favor of a delay Mayor Jacobs stated that he has not heard anything that the City should move forward to an Environmental Impact Statement (EIS), but was concerned that the project be done right and the traffic impacts on Excelsior Boulevard be investigated further John Stonhouse, 3905 Joppa Avenue South, stated that the EAW was predicated on some issues that the neighborhood has some concerns about, so if the Council does approve the resolution, essentially the items in the resolution will become fact Mayor Jacobs clarified that by approving the resolution the Council was not approving the specifics of the proposed design Rosemary Ziplion, 3716 Inglewood Avenue South, stated that she was in favor of density and believed increased density was important for the whole region John Gruber, 4608 W 39th Street, stated that he believed the issue was about what livability meant He was concerned about the impact of going from two stories to four stories Councilmember Sanger stated that she was in favor of another traffic study and believed it would show more traffic than some of the current studies have She questioned what the neighborhood would expect in the event that a traffic study showed more traffic that is currently predicted She stated that trade-offs have already gone into the planning and more can be done, but hated to give on something or there would be a real chance that this entire plan would not work and it would all collapse She was favor of moving forward with an understanding that it won't be a magic cure and that the density will somehow shrink to very little as a result Councilmember Nelson stated that the design aspects would be outlined in the development agreement and there will be many more opportunities for the public to discuss them It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No 00-009 approving the Park Commons East EAW, finding no need for Environmental Impact Statement (EIS) and requiring certain mitigation The motion passed 7-0 It was moved by Councilmember Nelson, seconded by Councilmember Santa, to prepare a scope of work for a traffic study for the Excelsior Boulevard corridor from the City Limit to the City Limit on Excelsior Boulevard The motion passed 6-1 Councilmember Young was opposed Councilmember Brimeyer recommended focusing on East of Highway 100 Council Meeting Minutes -8- February 7, 2000 Mr Harmening, Community Development Director stated that Staff would prepare a scope of work and run it by the various stake holders to make sure staff was considering all of the issues and concerns, get an estimated cost, and select a consultant Claudia Jones, 3931 Joppa Avenue, questioned how the traffic consultant would be selected Mr Harmening explained that this study would be costly even though exiting data would be used and consultants would be interviewed to determine if the expertise was present that was needed 8e. Request by MSP Real Estate, Inc. for Preliminary Plat, Preliminary Planned Unit Development, and rear yard setback variance for Mill City Addition, a 200-unit apartment project Case No. 99-35-PUD, 99-37-S, 99-38-VAR 7301 Walker Street. Resolution No. 00-010 and Resolution No. 00-011 Judie Erickson, Planning Coordinator presented a staff report She stated that Staff believes that all seven of the criteria outlined in the staff report have been satisfied with respect to the requested variance, and is recommending approval of the variance for a ten foot rear yard setback Staff is further recommending approval of the preliminary plat and preliminary PUD subject to the conditions in the resolution Milo Pinkerton of MSP Real Estate, 2223 France Avenue South, introduced Peter Pfister of Boarman Kroose Pfister Vogel & Associates Mr Pfister highlighted some the issues related to the building function and the site plan Councilmember Sanger stated that she was distressed to see a 75% reduction of open space being recommended for this property She didn't believe that the property comparison referred to in the staff report was an appropriate companson to what the target market was for this proposed development that perhaps will be more likely to be more able bodies individuals She was opposed to this approach and urged the architect to go back and redo the site plan and site design to include more usable green space and perhaps go up several more stories to compensate in density for apartments Councilmember Santa asked if additional stories were considered for this development Mr Pfister stated that this was a difficult site to work with because of the flood storage and pollution and stated that this was as high as you could possibly go and still be economically feasible Ms Erickson addressed the issue of usable open space and concluded the trade off after the task force study was trying to get a significant number of units on this parcel and the developer has looked at some of the green space that is located on the South side of the lake for some kind of park amenities that could be used by residents of this development She stated that the Comprehensive Plan does specifically state that because of these trade offs we would consider a reduction of usable open space for development on this site Councilmember Latz believed that having a 30 acre park right next door was more than enough I green space for this much needed housing development in the community Councilmember Sanger asked if there were plans for development of the park Council Meeting Minutes -9- February 7, 2000 Ms Erickson stated that staff is working with the Public Works Department talking about placing some trees and landscaping in this area as part of the tree replacement policy and the final PUD will show further developments in this regard Councilmember Latz stated that their would be members of the public on the task force that would start some serious planning for the Oak park Village park site He was in favor of the development It was moved by Councilmember Latz, seconded by Councilmember Santa, to adopt Resolution No 00-010 approving preliminary plat and preliminary PUD for Mill City apartments, subject to conditions in the resolution The motion passed 6-1 Councilmember Sanger was opposed It was moved by Councilmember Latz, seconded by Councilmember Santa, to adopt Resolution No 00-011 approving a variance for a ten foot rear yard setback per the finding in the resolution The motion passed 6-1 Councilmember Sanger was opposed 8f. Request by General Growth Properties, Inc. to amend resolution of Planned Unit Development for Knollwood Mall renovation, approval of 36th Street screen wall design, and approval of Development Agreement. Case No. 99-21-PUD 8332 State Highway 7. Resolution No. 00-012 Janet Jeremiah, Planning Manager presented a staff report and recommended approval of the Minor PUD Amendment, general screen wall design and Development Agreement subject to the conditions in the resolution Councilmember Santa stated that the residents on both sides of Virginia Avenue have the same need for a six foot high wall and recommended that the wall more gradually taper down rather than be one sharp change and asked if that could be taken into account Ms Jeremiah stated that this was possible and the wall could have a smoother gradual transition where it could be stepped down so that they have the affect of screening She explained the general concept of the proposed materials for the wall John Wilson, 3544 Utah Avenue South, stated that he was concerned that the proposed six feet wall would not do anything for his property since it was higher than street level He noted that at times emergency vehicles crossed over the median to enter the residential area and this would not be possible with a mall Jeff Green, 3 541 Virginia Avenue South, stated that he would like the wall to continue at the height of 6 feet for an additional block to the west of Virginia Avenue Christopher Erickson, 3533 Virginia Avenue South, thanked General Growths for their further work with this screen wall design He stated that he would like the wall to continue at the height of 6 feet for an additional block to the west of Virginia Avenue Gerry Groth, 3545 Zinran Avenue South, stated that she didn't want any type of wall in front of her property She stated that she didn't want to see a wall and felt protected from the lights of the shopping mall Council Meeting Minutes -10- February 7, 2000 Mr Harmening, Community Development Director stated that a consultant would help the City design the wall and there would be another process with the neighborhood to try to come to final resolution on the what the height will be along various pieces of 36th Street Donna Vasser, 3544 Virginia Avenue South, stated that she was in favor of the wall and would like the wall to continue at the height of 6 feet for an additional block to the west of Virginia Avenue Councilmember Young was concerned about the wall becoming a graffiti magnet, the long term maintenance of the wall, the removal of trees and believes it is a poor signal to send to the public that we are a walled community It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt a Resolution No 00-012 to approve a Minor Amendment to the PUD resolution, approve screen wall design, and approve Development Agreement The motion passed 6-1 Councilmember Young was opposed 8g. Sale of City Property Located South of Jewish Community Center 4326 Cedar Lake Road. Ordinance No. 2154-00 Mr Harmening , Community Development Director presented a staff report and recommended that a street easement not be provided for at this time in the purchase agreement Dave Carlson, 7006 W 23rd Street, stated that he was still concerned about the destruction of a very beautiful wooded area that is heavily used by Cedar Lake Park and trail users that serves as beautiful buffer for the entire corridor and hoped that if this would be approve d he would hope that the Staff and Council would establish a buffer to the proposed JCC expansion Jeff Strate, 15021 Summerhill Drive, Eden Prairie, stated he was concerned about open space in the metropolitan area He recommended that the property not be sold and if it was, suggested the development be constructed vertically in order to preserve the beautiful "orphan woods" Laurie Lundy, 1101 Cedar View Drive, was concerned about losing an essential buffer for the Cedar Lake Trail She preferred that the City did not sell the property, but if it was she recommended that the community work together to try and save some of the wooded area as a buffer Neil Trembley, 37 Oliver Avenue South, Secretary of the Cedar Lake Park Association, stated that the Association was proactive about green space and the quality of life in the community and metropolitan area Lisa Genis, 4001 Highwood Road, stated that she would hate to see this valuable wooded green space disappear Martha Abbott Ladner, 1414 Tyrol Trail, Golden Valley, South Tyrol Hills Neighborhood, was concerned about the destruction of the wooded area and stated that this would affect the neighborhood She asked if there had been a land density study for the area, would the JCC be allowed to cut down all of the trees down, would the JCC be allowed to pave the area, would the JCC be allowed to develop a road through this area, is zoning for school and community center Council Meeting Minutes -11- February 7, 2000 similar, would the JCC development after the use of neighborhood park, and asked how does tree replacement policy work Mr Harmening explained the tree replacement ordinance and stated that the City had the authority to approve site and development plans for the project that had to meet the requirements of the ordinance He stated that the property was guided as Civic in the Comprehensive Plan and zoned residential He strongly encouraged that the residents present participate the process of reviewing any development plans that the JCC may present He noted that the task force report does recommend that part of this site be considered for sale for private uses Jeff Baill, JCC representative, stated that the JCC desired to keep as many trees in the area possible and accomplish goals, but does not have a formal plan yet He indicated that it was the JCC's desire that the plans be developed with neighborhood and City input Councilmember Sanger stated that what the JCC desires to do was very beneficial to the community, but the concern for preserving the open space and trees was also valid She indicated that there were additional neighborhood concerns about the increased traffic and noise from an expansion She asked that the JCC be committed to work with the City and neighborhood to try to preserve trees and locate the additional parking that was needed further away from the wooded area in order to accommodate everybody's needs Mr Baill agreed to do so Julia Taber, 1527 Calturn Lane, Golden Valley, was concerned about the promises by the JCC being made since trees that were promised to be planted by the JCC in the past have not been planted She desired to be notified of the upcoming opportunities for neighborhood input on the proposed plans of the JCC Councilmember Sanger recommended that the Cedar Lake Park Association, residents present tonight and the townhouse associations that are west of the JCC be notified of upcoming opportunities to provide input Councilmember Nelson stated that he desired to retain a street easement for a future street improvement in the area Bruce Taber, 1527 Calturn Lane, Golden Valley, stated that he was not in favor of a road going through this area and there would be substantial neighborhood opposition to this area It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve second reading, adopt Ordinance No 2154-00 that authonzes the sale of a portion of City owned property located south of the Jewish Community Center at 4326 Cedar Lake Road, approve summary and authorize publication The motion passed 6-1 Councilmember Nelson was opposed It was moved by Councilmember Sanger, seconded by Councilmember Santa, to authorize the Mayor and City Manger to execute a purchase agreement with the Jewish Comity Center of Greater Minneapolis The motion passed 6-1 Councilmember Nelson was opposed 8h. Request by Novartis Nutrition Corp. for a Major Amendment to a Special Permit for a 2,000 square foot building addition Case No. 99-29-CUP 5320 W. 23rd Street. Resolution No. 00-013 Council Meeting Minutes -12- February 7, 2000 Janet Jeremiah presented a staff report and recommended approval of the Special Permit amendment with the conditions outlined in the staff report Councilmember Sanger asked what the timing was for the new technology to reduce dust and odors will be phased in Ms Jermiah stated that Novarits was currently working on this issue diligently Councilmember Sanger requested that the Council be notified when this was accomplished It was moved by Councilmember Sanger, seconded by Councilmember Young, to adopt Resolution No 00-013 approving Special Permit Amendment, subject to conditions in the resolution The motion passed 7-0 8i. First Reading of Zoning Ordinance Map Amendments I CASE NO. 00-02-Z Judie Erickson, Planning Coordinator presented a staff report and recommended approval Councilmember Nelson indicated that the neighborhood undertook an extensive survey process in 1998 and submitted a document to staff and he has not received any additional neighborhood concerns or anticipate any neighborhood opposition about these amendments Councilmember Latz asked if it was possible to construct a five or six apartment building on this parcel Ms Erickson stated that this type of development would never be able to meet parking requirements and not be found consistent with the Comprehensive Plan She indicated that any Multi Family or Town House development would require a CUP It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt first reading of an ordinance changing Zoning Ordinance Map for properties located at the NW quadrant of France Avenue and Excelsior Boulevard and set second reading for February 22, 2000 The motion passed 7-0 8j. Second reading of an ordinance amendment to the nonconformities section of Zoning Ordinance regarding Conditional Use Permits for multi-tenant buildings. Case No. 99-36-ZA. Ordinance No. 2155-00 Councilmember Nelson reviewed the new portions that were added to the ordinance He recommended that the language on page 114, Section 14 7-2 Exception be changed to read "If a new use requiring a CUP is proposed for part of a multi-tenant building" and delete item number three Councilmember Sanger was opposed to the ordinance because the language was much too lax on the landlords of multi tenant buildings on letting them not do to come into full conformance Council Meeting Minutes -13- February 7, 2000 It was moved by Councilmember Nelson, seconded by Councilmember Young, to approve second reading of Ordinance No 2155-00 amending nonconformities section of Zoning Ordinance, with the recommended amendment and adopt the summary ordinance, and to authorize publication The motion passed 6-1 Councilmember Sanger was opposed 8k. Hennepin County Municipal Recycling Grant Application. Resolution No. 00-014 By consent, Council adopted Resolution No 00-014 authorizing application for a Hennepin County grant to fund the City's curbside recycling program 81. CASE NO. 00-01-RE -- Study of Tax Forfeit Lands in St. Louis Park Resolution No. 00-015 Council found no current or future public need for the properties, that none of the properties meet Zoning Ordinance requirements for a buildable lot, and that properties be offered for auction to adjacent property owners only By consent, Council adopted Resolution No 00-015 approving designation of nonconservation land shown on classification list 1114-nc by Board of County Commissioners of Hennepin County, 2432 Sumter Ave S, 8400 26th St W, 8401 26th St W, 3760 Brunswick Ave S, 7829 Cambridge St, and 2714 Quentin Ave S, 2708 Quentin Ave S 8m. Mill City Tax Increment Finance District. Resolution No. 00-016 By consent, Council adopted Resolution No 00-016 calling for a public hearing by the City Council on the proposed establishment of the Mill City Tax Increment Financing District within Redevelopment Project No 1, and the Proposed Adoption of the Tax Increment Financing Plan Therefor 8n. CSM Business Subsidy Agreement. Resolution No. 00-017 By consent, Council approved Resolution No 00-017 approving a business subsidy agreement between the St Louis Park Economic Development Authority and CSM Hospitality, Inc relating to its development of two hotels in the Zarthan/16th Street Tax Increment Financing Distnct 80. Mileage Reimbursement and Car Allowance. Resolution No. 00-018 By consent, Council adopted Resolution No 00-018 authorizing the amount of car allowances allocated for specified positions and set the mileage reimbursement rate consistent with IRS regulations to be effective as of 1/1/200 9. Reports from Officers, Boards, Committees a. December Financial Report .111 b. Cable TV Commission Minutes of December 9, 1999 c. Charter Commission Minutes of November 1, 1999 Council Meeting Minutes -14- February 7, 2000 d. Parks and Recreation Advisory Commission Minutes of December 8, 1999 e. BOZA Minutes of November 30, 1999 f. Planning Commission Minutes of January 5, 2000 g. Police Civil Service Commission Minutes of September 20, 1999 h. Vendor Claim Report i. Human Rights Commission Minutes of December 15, 1999 By consent, Council accepted all reports for filing 10. Unfinished Business a. Board and Commission Appointment(s) It was moved by Councilmember Young, seconded by Councilmember Santa, to appoint Kristin Sigamund to the Human Rights Commission and Paula Fadden to CEAC The motion passed 7- 0 11. New Business l la. Phase H Railroad Study Mr Meyer, City Manager presented a staff report and indicated that work related to the blocking issue with Hopkins and Minnetonka was not part of this agreement Lee Koppy, RLK-Kuusisto, Ltd was present Councilmember Sanger asked where the study would be addressing noise mitigation safety issues and costs whistle blowing restriction and any possibility of a possible connection going South toward Edina Mr Koppy stated that the connection to the south is definitely included in the feasibility study and will be looked at He stated that the whistle blowing item was going to be handled with the feasibility study when they look at the intersection upgrades He stated that RLK did not specifically look at the safety issue, but would probably be part of the feasibility study adhering to design standards Mr Meyer stated that the intent in this agreement was that the environmental work would be subcontracted and reference as Appendix D Councilmember Sanger was concerned that there was not adequate funds for this study to identify and cover all the environmental issues voiced by the community Council Meeting Minutes -15- February 7, 2000 Mr Meyer stated that this was an issue for the Council to consider and the City could do original studies, but indicated that this approach would use existing information that was not based on studies done in St Louis Park Councilmember Sanger recommended removing this item off the agenda and go back and look at how it is that the City is going to think through and address the environmental issues Councilmember Nelson didn't agree that any suggestion has been made that the Council was ignoring any of the interests of the community He asked the consultant if the proposed study could be done within the budget outlined Mr Koppy indicated that he believed that the scope of services for the environmental work has intentionally been left very brief and that it was intended that the fuller scope would be developed with the input of a proposed task force He stated that if RLK was looking to do studies that are significantly greater than the proposed budget that they may go back to the County and renegotiate with a revised scope of work Councilmember Sanger believed that the Council has been given inadequate information and there was a need to rethink this process and figure out what it takes up front to do a study that will fully cover the issues and fully satisfy the many hundreds of residents that area convinced that we haven't done a good job so far Councilmember Brimeyer stated that if the response was going to be that this was a white wash and we shouldn't be doing this, then he was willing to table this and let it sit there for a couple of years, but that this not solving the problem It was moved by Councilmember Latz, seconded by Councilmember Nelson, to authorize the Mayor and City Manager to execute a professional services agreement for Phase Two of the Railroad Study The motion passed 5-2 Councilmembers Brimeyer and Sanger opposed 11b. Dan Patch Corridor Commuter Rail Feasibility Study Invoice and Contract By consent, Council authorized the Mayor and City Manger to execute the agreement llc. 1999 Fund Balance Reservations By consent, Council moved to reserve requested fund balances 11d. Sholom Home West Revenue Bonds By consent, Council approved capital improvements of a covered walkway for approximately $550,000 and heating and ventilation improvements for approximately $200,000 done by Sholom Home West 12. Miscellaneous - None Council Meeting Minutes -16- February 7, 2000 13. Claims, Appropriation, Contract Payments a. Contract payments Contractor Contract No. Amount Killmer Electric 18-99 $ 3,111 83 Resolution No 00-019 Valley Paving 19-99 $ 27,233 14 Resolution No 00-020 M C Magney Construction, Inc 33-98 $ 21,332 52 Resolution No 00-021 14. Communications >From the City Manager - None >From the Mayor -None 15. Adjournment It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adjourn the meeting at 11 58 p m The motion passed 7-0 Ci y Clerk Ma�r