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HomeMy WebLinkAbout1995/09/05 - ADMIN - Minutes - City Council - Regular I MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 5, 1995 1 Call to order Mayor Hanks called the meeting to order at 7 30 p m 2 Presentations None 3 Roll call The following Councilmembers were present at roll call Jeff Jacobs, George Haun, Sue Sanger, Ron Latz, Robert Young, and Gail Dorfman Also present were the City Manager(Mr Meyer), Deputy City Attorney (Ms Pace), Director of Community Development (Mr Harmening), Planning Coordinator(Ms Erickson), Director of Public Works (Mr Rardin), Director of Finance (Ms McBride) 4 Approval of minutes It was moved by Councilmember Haun, seconded by Councilmember Dorfman, to approve the minutes of July 11, 1995 The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the Council meeting of August 21, 1995 with the following correction First line of page 148, change"now" to "not" The motion passed 7-0 5 Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for,September 5 The motion passed 7-0 151 City Council meeting minutes September 5, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for September 5 The motion passed 7-0. PUBLIC HEARINGS 6a Conditional Use Permit Minnehaha Creek Watershed District - To permit dredging of Twin Lakes at 4750 W 26th St Resolution 95-108 Mr Rardin presented an overview on the Conditional Use Permits (both 6a and 6b which are considered one project) He noted several people in the audience who would probably make comment on the project. Jeff Lee, Minneapolis Park and Rec Board, Bruce Wilson, research scientist from MPCA, Andy Severson, Asst District Engineer, Watershed District, Woody Love, Pamela Blixt and Monica Gross, managers of the Minnehaha Creek Watershed District Basically, the long-term objective of this project is to improve the water quality in the Minneapolis chain of lakes which has suffered over the years from the infusion of phosphorus, increased sediment and other contaminants The proposed project is a culmination of efforts by many residents, City officials and boards and agencies over the past 5-10 years Judie Erickson, Planning Coordinator, explained in more detail the Conditional Use Permits to removal soil from two sites and proceed with dredging to improve the water quality and esthetics of Twin Lakes and the Minneapolis chain of lakes Councilmember Dorfman questioned a comment Ms Erickson made re the DNR and Army Corps of Engineers not joining the project at the outset Ms Erickson responded those two agencies coming on board was a result of the EAW that was done Under the first plan, the DNR felt too much habitat would be lost A dredging plan was proposed they could approve of Jeff Lee, project manager for the Cleanwater Partnership, expanded on the explanation given by Ms. Erickson to Councilmember Dorfman's question Councilman Dorfman said the Task Force investigated many elements -- phorphorus, mosquito control, tree removal, etc -- and now a new plan is proposed and how does it affect all those elements the Task Force considered in the original plan Mr Lee said the big issue in the redesign was the maximum depth in the dredging areas and the DNR's concern was that the entire lake not be dredged to the maximum depth That brought about a change in the dredging plan 152 City Council meeting minutes - • 1 September 5, 1995 ' Councilmember Latz asked why the DNR came aboard in July with their objection that had to be accommodated and was the new depth plan reviewed by the Task Force Mr Lee said the DNR had been involved since day one Part of the problem was the lateness of when they could do their assessment of the water fowl population and a vegation survey was not able to be completed until July At that point the EAW was out for review Councilmember Latz asked that once the DNR judged there needed to be a change, how was that handled in the review process considering all of the other elements that originally went into determining the first plan Mr Rardin said responses to the EAW request for comment were issued by the Watershed District in mid to late July Once the response went out to the DNR meetings were arranged between the DNR, Corps of Engineers, PCA and the project implementation team to sit down with the DNR to see what their concerns were, what they would or would not consider There was no resolution until late August which was then relayed to the Task Force Mr. Love said since the beginning there has been an awareness of everyone who participated that there was some concern among different regulatory agencies about the type of dredging proposed The compromise has nothing to do with the efficiency of the system and had minimal impact. The plan retains the efficiency, minimizes the impact and increased wildlife habitat Councilmember Sanger asked what impact the change in the plan will have, if any, on the mosquito breeding Mr Lee said the change involves the depth of 4 ft and greater in Twin Lakes and there should be no impact on nuisance mosquito population Mayor Hanks said he would like to finish up with 6a before receiving comment on 6b The following members of the audience offered their comments Nancy Gibson, Erica Strohl, Lynn Levine, 1941 Ewing Ave , Mpls , Steve Hunegs, 4440 W 25th St., Ward Johnson, 2200 So Hill Lane, who addressed the history of this project going back to 1983 and noted the various memoranda between City staff as well as newspaper articles addressing the Twin Lakes problem, Dorothea Moga, 2925 Monterey Ave., Lynn Carper, 4010 Highwood Rd., Bill Hamilton, 2306 Parklands Rd , Carol Perry, 2925 Monterey Ave , Midele Meyers, 2430 Cedar Lane, Mpls , Cynthia Mueller, 2112 Parklands Rd , Mark Leder, 4420 W 25th St , Mark McHenry, 4103 Cedar Lake Ave , Risa Cohn, 2600 Huntington Ave , Doris Rosenblatt, 4000 W 25th St There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date 1 153 City Council meeting minutes September 5, 1995 0 It was moved by Councilmember Sanger, seconded by Councilmember Dorfman, to adopt Resolution 95-108 entitled"A resolution granting Conditional Use Permit under Section 14 4-9 B of the St. Louis Park Ordinance Code relating to zoning to_permit excavation of 81,000 cubic yards of material for the purpose of dredging Twin Lakes for property zoned R-1 Single Family Residence District located at 4750 W 26th St " The motion passed 7-0 On behalf of the City Council and the City, Mayor Hanks thanked all the people over the years for their dedicated efforts on the Task Force 6b Conditional Use Permit. Minnehaha Creek Watershed District - To permit removal of 49,000 cubic yds of soil material from Cedar Meadows Park at 3930 W 26th St and 2601 Glenhurst Ms. Erickson gave an overview of this part of the project What is proposed is a wet detention basin(open water) and a marshy area Some of the water from Twin Lakes and also water from storm sewers in the neighborhood will be discharged into the detention basin and will move through the wetland and thence into Cedar Lake She said it will be very similar in looks to Bass Lake Mayor Hanks noted the Council had received a petition indicating the signers would like to receive additional information on the project Councilmember Sanger said she had received numerous phone calls in the past weeks from people pro and con on the proposal and based on the information she has received she supports the project because the greater good is for cleaning up the water, however, she has been apprised of apparent inconsistencies in the information provided to residents over the years Also before Council besides the petition is a lengthy letter from Dr Warshawsky detailing a number of the seeming inconsistent pieces of information. Because of these things, she has asked Mr. Rardin's assistance in setting up a community meeting, and it was her preference that rather than voting tonight on the Cedar Meadows issue, it be delayed for 2 weeks in order to hold a community meeting. The following members from the audience addressed this issue Bob Warshawsky, 2616 Glenhurst Ave who presented to Council a letter from neighborhood residents re their concerns about inconsistencies, David Track, David Shirley, chair of the Cedar Isles Dean Neighborhood Association, Muriel Wexler, 2644 Glenhurst Ave , Risa Cohen, 2600 Huntington; Harvey Ratner, 2301 Parklands Rd , Dick Bernstein, 2624 Glenhurst Ave , Mark Wexler, 2644 Glenhurst Ave , Ward Johnson, Allen Friedman, 2640 Glenhurst Ave , Bill Lubov, 4618 Cedarwood Rd , Shirley Gale, 3920 Cedar Shore Dr, Mpls , Lynn Levine 154 City Council meeting minutes In September 5, 1995 Some of the concerns expressed were water quality, mosquitos, tree removal, loss of Cedar Meadow Park, benefit of a third wetland in terms of Cedar Lake and the chain of lakes, phosphorus removal, odor, rodents, provisions for protection (fence) around the wetland, efficacy of 2 projects, i e , wouldn't proper dredging of Twin Lakes correct problems at Cedar Lake without the necessity of creating a wetland, what damage control measures are in place in case the proposal fails at some point The managers present from the Minnehaha Creek Watershed Distnct addressed some of the questions raised by members of the audience Jeff Lee, Minneapolis Parks Board, addressed the issue of the necessity of creating a wet basin at Cedar Meadows indicating this is an integral element in the whole project It will be responsible for removing approximately 168 lbs of phosphorus from the watershed This plus the removal of phosphorus from Twin Lakes will provide the needed improvement in water quality There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date Councilmember Dorfman recalled that when the resolution was passed endorsing the Cleanwater Partnership, she viewed is as a partnership, not just of government entities, but including the residents of St Louis Park She felt the residents around Cedar Meadows did not feel a membership in the partnership An offer has been made by Councilmember Sanger to hold a neighborhood meeting to thrash out and clarify the issues about which those people are concerned She felt that was appropriate at this juncture, especially since it will not delay the project Councilmember Young felt the proposed neighborhood meeting was held this evening Everyone present has had a chance to voice their opinions and ask questions, experts have addressed those questions; he saw no reason to delay two more weeks It was moved by Councilmember Young, seconded by Councilmember Jacobs, to approve the staff recommendation for a Conditional Use Permit for Cedar Meadows and adopt the resolution Mayor Hanks asked Ms Blixt if she had said that if Cedar Meadows is not approved this evening, the Twin Lakes aspect of the project is also put on hold Ms Blixt reiterated that both Twin Lakes and Cedar Meadows are one project She said what she had said was that questions asked about Cedar Meadows could also be asked about Twin Lakes Mayor Hanks said the two elements are very different Twin Lakes, with water in it and as a collector of sediment for years, is not the same as a green meadow which Cedar Meadows is 155 City Council meeting minutes September 5, 1995 Councilmember Sanger said her concerns remain that no matter how great the efforts of all the partners involved, the word has not gotten out sufficiently to enough people because there obviously are a large number of people with concerns This in no way denigrates the efforts of the partners, it says apparently more communication needs to be continued a little bit longer Councilmember Young offered the option of voting on the matter this evening but proceed with the neighborhood meeting to provide additional information Councilmember Jacobs asked what the implications would be if a vote on this item is deferred knowing, probably, that the issue is going to come before Council on September 18 and receive approval If the Watershed District and Park Board say a deferral will delay the project for a year, then he would support Councilmember Young's motion If the project can go forward this Fall, he would be willing to have one last go-round to clarify all concerns Councilmember Sanger directed a question to Mr Love If there is a decisive vote on this issue on Sept. 18 rather than tonight, can the project still proceed this year Mr Love allowed as how the project could proceed if an affirmative vote is received on Sept 18 Councilmember Haun wanted all concerned parties to have all available information and for that reason would support a two-week delay, but no longer Councilmember Latz concurred with Councilmember Sanger's request Councilmember Young's motion failed 2-5 (Councilmember Young, Mayor Hanks in favor, Councilmembers Jacobs, Haun, Sanger, Latz, Dorfman opposed) It was the consensus to hold the neighborhood meeting on Monday, September 11 as Mr Lee will be unavailable on Sept 14 It was moved by Councilmember Sanger, seconded by Councilmember Dorfman, to delay the vote on Cedar Meadows dredging permit to September 18, 1995 and to schedule a community meeting for September 11 The motion passed 6-1 (Councilmember Young opposed) 6c Amendment to Zoning Ordinance -Treatment of non-conforming single-family houses Mary Segal, 3800 Princeton Ave , was anxious to complete the addition to her home as the construction season is winding down City Council meeting minutes 156 September 5, 1995 There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second for September 18 and authorize summary publication The motion passed 6-0-1 (Councilmember Latz absent from Chambers) PETITIONS, REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a Resolution approving preliminary budget for 1996 and adopting preliminary 1995/96 tax levy and setting public hearing dates Resolution 95-109 Mr Meyer said the Council had two alternatives before it a 3% tax levy increase and a 5% tax levy increase The 5% increase is presented based on discussions currently underway at the Capitol relative to a cut in Local Government Aid even as soon as 1995 This would allow the City to offset any State Aid cut Councilmember Jacobs supported the 5% tax levy increase noting that there is the potential for the levyto be cut at the State level, and if a 3% increase were levied and then cut bythe State, the City would be caught very short It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-109 entitled"Resolution approving proposed 1995 tax levy, collectible in 1996 and approving the proposed budget for 1996" setting the tax levy at 5% and also setting November 29 and 30 as dates for the Truth in Taxation hearings Councilmember Young wanted to note that this was the first increase that has been recommended in six years. The motion passed 7-0 8b VOID 8c Resolution setting public hearing date for Knollwood Place revenue bond refinancing Resolution 95-107 157 By consent, adopt Resolution 95-107 entitled "Resolution relating to the issuance of revenue refunding bonds, calling a public hearing and authorizing an agreement as to indemnity and payment of expenses in connection therewith" 8d. Minor amendment Knollwood Village/Target - Revise parking lot Resolution 95-110 Mr Harmening said staff was suggesting an amendment to the resolution indicating that an irrigation system would only be required if staff determined it was necessary It was moved by Councilmember Jacobs, seconded by Councilmember Dorfnan, to adopt Resolution 95-110 entitled"A resolution rescinding Resolution 94-126 adopted on September 12, 1994 and approving a minor amendment to a continued Special Use Permit under Section 14 8- 6 4(D) of the St Louis Park Ordinance Code relating to zoning to allow modifications to the parking lot at 8900 Highway 7, 8906-50 Highway 7 and 8800 Highway 7 " The motion passed 7-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. City Engineer's report Replacement of automated fuel dispensing system Resolution 95-111 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-111 entitled"Resolution accepting the City Engineer's report, ordering improvement project No MB-92-06, approving plans and specifications and authorizing advertisement for bids for improvement No MB-92-06 " The motion passed 6-0 (Councilmember Haun absent from Chambers) 9b. Traffic control signal, road reconstruction CSAH 25/Belt Line Blvd/Ottawa Ave Resolution 95-112 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 95-112 entitled "Resolution authorizing execution of cooperative agreement No PW-37-05-95 with Hennepin County establishing responsibility for roadway improvements and the construction, operation and maintenance of the County Road 25/Belt Line Blvd/Ottawa Ave traffic signal system." The motion passed 7-0 9c Document imaging It was moved by Councilmember Latz, seconded by Councilmember Young, to approve Mid- America Business Systems as leasing vendor, reallocate funds to appropriate 1995 revised and 1996 proposed budgets I/ 158 City Council meeting minutes iI► September 5, 1995 ri 1 The motion passed 7-0 9d. Minutes Planning Commission August 16 By consent, minutes ordered filed UNFINISHED BUSINESS l0a Boards and commissions No business NEW BUSINESS 10b Conditional Use Permit Halley Custom Homes (cont from Aug 21) Lynn Carper said a neighborhood meeting of the Lake Forest Homeowners Association had been held to discuss purchase of the land upon which Mr Halley wishes to construct homes To date, Mr Carper had pledges totalling $39,000 as of this evening He also presented the Council with a petition of 63 signatures from the Lake Forest community He asked what it would take for the li City Council to commit $1000 to something in the community He said they had concerns about the rest of Mr Halley's project going forward in light of the fact one home under construction during the summer was not yet finished Lynn Levine said she had received pledges of$20,685 from Minneapolis and $3,100 from St Louis Park residents Mayor Hanks said Council had received a letter from Albert Anderson who was recommending that the property be turned into a park and ride area Steve Keefe, 1639 Cedar Lake Parkway, spoke He noted the monies pledged were not enough to purchase Lot K He said they have an architectural design especially to fit a house on that particular lot which will not upset the natural beauty of the lot and which will protect and keep the trees If trees have to be replaced, they plan to plant native hardwoods Michael Halley said he now has two contracts in place and the opportunity for anyone to purchase the property has lapsed He once again asked for Council approval of the CUP Mark McHenry, 4103 Cedar Lake Ave , had only one complaint and that is every spot of open space seems to be turned over to developers He'd like to see more green spaces preserved I 159 Jerry Pope, 2510 Monterey Ave , did not care to see new homes going up and new trees growing He preferred the older, stable feeling of St Louis Park City Council meeting minutes September 5, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve the Conditional Use Permit and direct staff to prepare a resolution with conditions approving the request and bring to the September 18 meeting Councilmember Dorfman quoted from Attorney Trooien's legal opinion and took umbrage with statements regarding neighborhood opposition carrying no legal weight, that it is not deemed "expert testimony" She felt that as an elected official, legal precedent or not, if she did not consider what the neighbors want, she wouldn't be doing her job Who knows better than those impacted by such decisions She could not support the motion Councilmember Sanger could not support the motion The BWSR hearing is set for November 9 and it would appear resolution of the question is imminent Her concern was that if the permit is approved without the condition as stated in Alternative One, i e requires completion of the BWSR process, that Mr Halley would be free to proceed The motion passed 5-2 (Councilmembers Sanger and Dorfman opposed) NEW BUSINESS 11a Bid tabulation Sanitary sewer lift station. W 37th St/Minnehaha Creek Resolution 95-113 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to reject all bids The motion passed 7-0 1 1 b Canvass of election returns It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to hold a meeting to canvass the September 12 election returns on September 18 at 7 20 p m The motion passed 7-0 MISCELLANEOUS 12a Damage claims Carolyn Levy, Jane Pulles By consent, claims referred to City Clerk and City Manager 160 12b Communications from the Mayor I No business i Ij 12c Communications from the City Manager , No business CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a Verified claims By consent, venfied claims approved and checks authorized to be distributed in the following amounts Vendor claims. $657,250 67 and payroll claims $51,355 16 13b Contract payments Final 1 Faircon Service Air conditioning condenser replacement Amount $12,147 35 2 Minger Construction Sanitary sewer, storm dewer/watermain Amount $12,442 25 irBy consent, adopt Resolutions 95-114 and 95-113 approving final payments for Faircon Service and Minger Construction, respectively Partial 3 Northwest Asphalt Reconstruction of Ford Road Amount $149,591 27 4 Ridgedale Electric Lighting improvements Amount $13,775 00 5 Pitt-Des Moines. New elevated water tank No 2 Amount $35,482 50 6 C S McCrossan Storm sewer/street construction Amount $326,299 57 7 Friedges Landscaping Landscaping/site improvements Amount $104,087 23 8 Midwest Asphalt. Grading, paving, curb/gutter, storm sewer, street lighting, traffic signal Amount $53,727 59 9 Twin City Electric Water utility energy savings improvements Amount $27,991 37 p By consent, partial contract payments approved and payment authorized 161 City Council meeting minutes September 5, 1995 14. Adjournment The meeting adjourned at 11 30 p m on a motion by Councilmember Jacobs, seconded by Councilmember Haun which passed 7-0 , ,6;1() ic-(4/4/ Ma r P 4 \6(A/014) - Recording Secretary I I , 162