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HomeMy WebLinkAbout1996/11/04 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MN November 4, 1996 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations - Mayor Dorfman presented an award from the National Association of Minority Contractors to Mark Felton, Assistant Director of Finance. Police Chief Mitchell introduced Police Chief Richie Logronio of Bauggio, Philippines whose department has been closely involved with the St. Louis Park Police Department. Mayor Dorfman presented a plaque in memory of recently deceased Richard Graves, former City Councilmember. 3. Roll call The following Councilmembers were present at roll call: Jeff Jacobs, Jeff Appelquist, Sue Sanger, Ron Latz, Robert Young,Jim Brimeyer and Gail Dorfman. Also present were the City Manager(Mr. Meyer); Deputy City Manager(Ms. Kutzler); Director of Community Development(Mr. Harmening); Director of Public Works (Mr. Rardin); City Attorney (Mr. Walston); Economic Development Coordinator(Mr. Anderson); Police Chief(Mr. Mitchell); Director of Parks and Recreation (Mr. Gears); Director of Inspections (Mr. Petersen); Asst. Finance Director(Mr. Felton). 4. Approval of minutes City Council meeting October 23 There being no amendments, the minutes were received as presented. 5. Approval of agenda Mayor Dorfman asked that the Comprehensive Water Resources Management Plan be taken off consent and placed on the agenda. It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist to approve the consent agenda. The motion passed 7-0. 176 City Council meeting minutes November 4, 1996 Mr. Meyer said a revised agenda was before Council reflecting the addition of items 8f and 8g which had been inadvertently left off. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda for November 4, 1996.The motion passed 7-0. PUBLIC HEARINGS 6a. Application for taxicab company license: Northwest Taxi & Limo Service. Mr. Lindahl, owner, was present to answer questions. There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist, to grant the license to Northwest Taxi & Limo Service. The motion passed 7-0. 6b. Alley paving. 3200 block between Yosemite Ave. So. and Zarthan Ave. So. Jim Martin, 3256 Yosemite, spoke to Council. He was sorry that the project for paving the dirt alley behind the houses was to be terminated. He said they would try again to get the appropriate number of signatures on a petition to resubmit for paving. He spoke about the difficulty of maintaining the alley in its current condition. Councilmember Sanger asked if the neighborhood were to vote for the alley paving, would that help to alleviate the maintenance issues as Mr. Martin brought up. Mr. Rardin responded maintenance of this alley is on a par with maintenance of other alleys and that he would check into it. He said with concrete paving the alley would not suffer with the ruts as it currently does. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to terminate the proceedings for alley paving for Project 96-01 The motion passed 7-0. 177 City Council meeting minutes f' November 4, 1996 6c. Amendment to Community Development Block Grant Funding Resolution 96-163 Proposal for reprogramming of CDBG funds from Rec Center Renaissance project relating to ADA compliance to activities associated with removal of slum and blight in the community. Mayor Dorfman asked how staff envisioned this money being used. Ms. Quarfot said she anticipated these moneys being used quite quickly. One idea was for purchases of buildings that would be located in the Town Center project. There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 96-163 entitled"A resolution amending the projected use of funds for the Urban Hennepin County Community Development Block Grant Program." The motion passed 7-0. 6d. Assessment hearing for Project 94-22 Resolution 96-164 Alley paving located in the 2700 block between Salem and Toledo Avenues Neal & Ruby Paulson, 2736 Salem, addressed Council. He said they were unaware that 51%of the people on the alley voted for this project. They have the second greatest distance to pave. He said they have lived there since 1951 and up to the last 5 years the alley was in good shape using blacktop and gravel, but the neighbors complained. When the petition went around, the Paulsons were not contacted, and they were now concerned about the portion they were required to pay. Mayor Dorfman asked when a neighborhood petitions for an alley and over 51% agrees, it was her understanding that all residents are made aware that the City is moving forward and that they will be assessed. Mr. Rardin said that was true and the Council has the opportunity to direct staff to hold a neighborhood meeting. Staff contacts the neighborhood several times by mail before such a project is undertaken. 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. 178 City Council meeting minutes November 4, 1996 It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger,to adopt Resolution 96-164 entitled"Resolution adopting Assessment Improvement No. 94-22 : Alley paving in the 2700 block between Salem Ave So. and Toledo Ave. So." The motion passed 7-0. 6e. Assessment hearing for Project 90-32 Resolution 96-165 Road reconstruction of Aquila Ave. from T.H. 7 to 450 feet south of W. 36th St. There being no one 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 Latz, seconded by Councilmember Jacobs, to adopt Resolution 96-165 entitled"Resolution adopting Assessment Improvement No. 90-32: Road reconstruction of Aquila Ave. from T.H. 7 to 450 ft. south of W. 36th St." The motion passed 7-0. REQUESTS, PETITIONS, COMMUNICATIONS I 7a. Variance appeal: 4237 Quentin Ave. So. Applicant Julie Gjovik spoke to Council. She was requesting permission to construct a deck with a zero foot setback instead of the required two feet. She wanted to construct the deck over deteriorated concrete steps. Mr. Rardin said staff was currently working on a policy relative to dealing with requested projects that would encroach on public property and or easements. Staff hoped to bring such a policy to Council by the end of the year. Councilmember Sanger asked if any ordinance provision would prohibit the applicant from repairing the concrete steps where they are currently located. Mr. Petersen said there is no permit required to that repair and he was not aware of any prohibition on repairing the steps. The City Attorney said it seemed an encroachment was being perpetuated and by going forward, the applicant was doing so at her own risk. Until a policy is adopted there remains a situation wherein the City needs to utilize the property for public purpose, it could potentially be to the applicant's detriment. It could cloud the title not only on City property, but on her property, too. 179 City Council meeting minutes November 4, 1996 It was moved by Councilmember Appelquist, seconded by Councilmember Brimeyer, to defer this item until Council has an opportunity to review the policy as alluded to by Mr. Rardin. Ms. Gjovik felt this was reasonable and the deferment was acceptable to her. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Comprehensive Water Resources Management Plan for Twin Lakes Watershed Resolution 96-166 Mayor Dorfman commented that the City was required, as part of the 1990 Surface Water Management Act passed by the State, to establish a management plan for the Twin Lakes watershed. Mr. Moore briefly touched on some of the key elements of the plan. The City's consultant, Peter Willenbring,explained the recommendations for implementing the II plan. Councilmember Sanger thanked Mr. Moore and Mr. Willenbring for their efforts in holding numerous public meetings to receive input. She also wanted to thank them for the emphasis in the report on the prevention of future water quality problems so that the City can deal more proactively with issues relating to water quality. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 96-166 entitled"Resolution approving the Comprehensive Water Resources Management Plan for the Twin Lake Watershed." The motion passed 7-0. 8b. Modification of lease agreement No. 4077 Resolution 96-167 By consent, adopt Resolution No. 96-167 entitled"Resolution modifying lease agreement No. 4077 for communications antenna." II 8c. Approval of antenna lease agreement for communications antenna with Sprint Spectrum LP (SSLP) Resolution 96-168 180 Councilmember Brimeyer commented the number of leases and what the City can charge seems like an entrepreneurial opportunity. Mr. Meyer said that was true. The abundance of water towers in the City provides an entrepreneurial opportunity. In terms of what the leases are worth, the City has settled on an above average lease but not at the high end. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 96-168 entitled"Resolution approving lease agreement for communications antenna." The motion passed 7-0. 8d. Tobacco ordinance Proposed increase in tobacco license fees and restriction of the display/sales of tobacco products and related devices. Joe Abumayaleh, 6312 Boone Ave. and Eric Svenson, 4557 Fairview spoke in opposition to the ordinance. It was their recommendation to exempt tobacco shops from the proposed ordinance. Councilmember Sanger did not believe the language of the proposed ordinance needed to be altered to permit tobacco shops. She would expect such shops to comply with the wording of the ordinance as passed on first reading. Councilmember Latz would like to find out what other cities have done which they feel has satisfactorily protected the interests of the community in restricting youth access but has also allowed adult access to tobacco products. He would be inclined to pass the ordinance as drafted and then look at whether any amendments would meet the needs of the City and business owners. Mr. Petersen said staff would be able to gather additional information to report back in two weeks. Councilmember Sanger would like to see information on not only what the ordinances say in other communities that might have such a loophole as to permit tobacco businesses but also the history in terms of enforcement efforts and whether there have been any violations found in selling cigarettes to minors when amendments have been permitted. Mr. Petersen said this information will be provided should such clauses be in the ordinances from other cities. It was moved by Councilmember Latz, seconded by Councilmember Brimeyer, to defer this matter for two weeks. The motion passed 6-1 (Councilmember Sanger opposed). 181 111 City Council meeting minutes November 4, 1996 8e. First reading of ordinance amending 1997 water/sewer utility rates Ms. McBride said that staff considers the proposed 3%rate increase inflationary. Impacting utility operations over the next few years will be implementation of the new infrastructure management system which will inventory and assess the condition of both utility systems. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to waive first reading and set second reading for November 18, 1996. The motion passed 7-0. 8f, g. Metropolitan Livable Communities Act action plan Resolution 96-169 and 96-179 Ms. Quarfot noted that the first action establishes the City's desire to participate in the Met Council's housing incentive account. The second action establishes that the City will meet the benchmarks established for the next five years. With respect to affordable housing, when the benchmarks were established the Met Council decided to use any unit that rents for up to $500 per month. For single family home ownership, the home value would be $115,000 or less. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-169 entitled"Resolution authorizing staff to submit the St. Louis Park Housing Action Plan to the Metropolitan Council as required by the Metropolitan Livable Communities Act." The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-170 entitled"Resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act, Calendar year 1997." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. City Engineer's report: Water reservoir No. 1 roof replacement: 2936 Idaho Ave./ Bronx Park. Project 96-18 Resolution 96-171 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 96-171 entitled"Resolution authorizing staff to solicit proposals for structural 182 City Council meeting minutes November 4, 1996 engineering firms for the design and construction inspection of a new roof for water reservoir No. 1 and ordering Project No,. 96-18." The motion passed 7-0. UNFINISHED BUSINESS None NEW BUSINESS None MISCELLANEOUS None CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated November 4, 1996 was approved and checks authorized to be distributed. 13b. Contract payments Final 1. Lametti & Sons, sanitary sewer forcemain rehabilitation. Amount: $%5,803.58 2. Ridgedale Electric, lighting improvements Excelsior Blvd. Amount. $8,340.19 By consent, adopt Resolutions 96-172 and 96-173 approving the final payments respectively. Partial 3. Valley Paving, watermain replacement, mill and overlay. Amount: $54,454.76 4. Northwest Asphalt, grading, curb& gutter, bituminous paving. Amount: $157,184.95 5. Midwest Asphalt, utility & street construction, Cedar Lake Rd. Phase II. Amount: $385,272.77 183 6. Ron Kassa Construction, random concrete replacement. Amount: $2,833.09 7. Industrial Roofing, re-roof water treatment plant& well house. Amount: $5,548.53 8. Universal Applicators, water tower painting & repairs, 2936 Idaho Ave. Amount: $73,042.27 9. Wanzek Construction. Amount: $82,159.80 10. Maertens-Brenny Construction. Amount: $14,155.00 11. DKH Excavating. Amount: $490,850.02 12. Gorham-Oien Mech, Inc. Amount: $38,760.00 By consent partial payments approved. BOARDS AND COMMISSIONS-No business. COMMUNICATIONS a. Communications from the Mayor Mayor Dorfman said the Human Rights Commission has asked to meet with the Council and a meeting has tentatively been scheduled for Tues.,Nov. 26. She asked that Councilmembers get back to Wally Wysopal whether or not this will work. She noted that tomorrow is election day and if residents want to know where to vote, call City Hall. b. Communications from the City Manager He said that before Council was an article from U.S.News & World Report which talks about the Children First initiative in St. Louis Park. 16. Adjourn The City Council meeting adjourned. Mayor Dorfman Recording Secretary 184