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HomeMy WebLinkAbout1997/10/06 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES Sr. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA October 6, 1997 . 1. Call to order Mayor Dorfman 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, Beverly Flanagan, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer, and Mayor Gail Dorfman. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Deputy City Manager(Ms. Kutzler); Director of Community Development(Mr. Harmening); Director of Public Works (Mr. Rardin); City Clerk (Ms. Larsen); Director of Parks and Recreation (Mr. Gears); Finance Director(Ms. McBride) 4. Approval of minutes ICity Council meeting September 15: Item 2: Lisson should be Lifson. There being no further additions/corrections, the minutes were approved as presented. Study session August 11 and 25, 1997 -There being no additions/corrections, the minutes were approved as presented. 5. Approval of agendas It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda for October 6. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger,to approve the agenda for October 6. The motion passed 7-0. Deputy City Manager Kutzler presented an update on the new garbage service of Waste Management that commenced on October 1, 1997. PUBLIC HEARINGS 6a. Sam's Club/Wal Mart-Revision of 1986 Special Permit IIResolution 97-125 146 Mr. Harmening gave a brief report on the request. He noted the Planning Commission had approved. Greg Frank, McCombs, Frank, Roos Assoc., engineers/consultants representing Wal Mart Stores, was present to answer any questions. 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 Latz, to adopt Resolution 97-125 entitled"A resolution amending Resolution 86-205 adopted on December 15, 1986 and granting Special Permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code relating to zoning to allow a building expansion to an existing membership wholesale warehouse for property zoned C-2, General Commercial, located at 3745 Louisiana Ave. So." The motion passed 7-0. 6b. Wolfe Park- Conditional Use Permit for deposit of 5,000 cu.yds. of top soil Resolution 97-126 Perry Thorvig, Planner, gave a brief report. In response to a question from the audience relative to how high up the dirt will be laid, Mr. Thorvig said it will be a drop of some 5 ft. from the existing elevation and there will be a plateau that will go anywhere from 25 to 100 ft. out into the Park. He also addressed comments about noise, smell and other inconveniences experienced by some residents. Mr. Gears wanted to assure the residents of the condos that the City will work cooperatively with the property owners to ensure they are not being put in a situation that makes living in their homes undesirable. 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. Councilmember Flanagan wanted to clarify that trucks are allowed to operate until 6:00 p.m., not 10:00 p.m. She had a question: On the north side of the single-family houses where the trees have been removed,will there be a 5 ft ridge there and then the first plateau would go out?Is a retaining wall planned and if not, wouldn't the bank just erode. Mr. Thorvig said the vegetation remaining will hold the soil in place. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 97-126 entitled"A resolution granting Conditional Use Permit under Section 14:4-9(a)of the St. Louis Park Ordinance Code relating to zoning to permit placement of 5,000 cu. yds of top soil for property zoned R3 Two Family Residence District located at 3700 Monterey Dr." The motion passed 7-0. 147 6c. Request of Amoco Station,Jersey and Wayzata Blvd.: Request for Conditional Use Permit I to allow new pumps and minor expansion of existing building Resolution 97-127 Mr. Meyer passed around additional language to be included in the resolution which was merely clarifying in nature. Mr. Thorvig gave a brief update. Mayor Dorfman noted parking complaints received by staff. She assumed the City would enforce relevant codes as it applies to the cul de sac, but has no authority to enforce on MnDOT property. Mr. Thorvig said that was correct and that Amoco had been told complaints have been received and encouraged them to address them. Harry Schroeder, Schroeder Assoc. Architects, representing Amoco, was present to answer any questions. 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. Councilmember Young asked if Amoco or Mr. Schroeder would address the various parking complaints. Dave Lebert, who owns the lot on the cul de sac, said he, his wife and his employees park their cars there. He Ifurther stated that any use of the "park and ride" lot was by customers who had arranged to have their cars picked up and dropped off by the Amoco staff while they rode the bus to work. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 97-127 entitled "A resolution granting Conditional Use Permit under Section 14:5-5.3(D)(1)(3) of the St. Louis Park Ordinance Code relating to zoning to permit a motor fuel station and motor vehicle service and repair for property zoned C-2, General Commercial District, located at 7005 Wayzata Blvd. " subject to the conditions included in the staff report. The motion passed 7-0. PETITIONS,REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. City/Independent School District General Election to be held on November 4, 1997 for staff will update them on these changes. 8b. Minnesota Omnibus Crime Bill-Community Policing Grant Resolution 97-129 148 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 97-129 entitled"Resolution authorizing execution of a Grant Agreement between the Minnesota Department of Public Safety and the City of St. Louis Park to provide funding for a community-oriented policing project targeting crime and disorder in four St. Louis Park neighborhoods." The motion passed 7-0. 8c. Livable Communities resolution to participate in the Metropolitan Council Local Housing Incentives Account Program in 1998 Resolution 97-130 It was moved by Councilmember Sanger, seconded by Councilmember Latz, to adopt Resolution 97-130 entitled"Resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act- Calendar Year 1998. Councilmember Flanagan referenced staff's report, Action Plan Narrative for Years 1996-2000 wherein the first bullet states: Limit additional low income housing. She asked for clarification as she was under the impression one of the City's primary goals was for an increase in low income housing. Mr. Harmening said the goal she referenced is a goal emanating from the Vision St. Louis Park process. He believed the intent of this goal was to continue to provide low income/affordable housing but that in terms of a quality mixture of housing,the City should probably not expand to any great degree the amount of affordable housing that we currently have. The motion passed 7-0. 8d. Zoning Ordinance Text Amendment-Metropolitan Open School Ordinance 2102-97 It was moved by Councilmember Latz, seconded by Councilmember Brimeyer,to adopt Ordinance 2102-97 entitled"An Ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Sections 14:5-5.2, 14:5-5.3 and 14:5-6.2", approve summary and authorize its publication. The motion passed 7-0. 8e. Second reading of Ordinance amending the 1997 budget Ordinance 2103-97 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs,to adopt Ordinance 2103-97 entitled"An ordinance amending the budget for fiscal year 1997", approving summary and authorizing its publication. The motion passed 7-0. 8f. Settlement agreement for an apartment building at 7342 14th St. W. 149 By consent, Council approved the settlement agreement and authorized the Mayor and City Manager to sign the agreement with Conrad and Helen Miller providing for conditions of settlement of a civil court case at 7342 14th St. W. 8g. Special assessment of fire sprinkler system at 7204 27th St. W. Resolution 97-131 By consent, adopt Resolution 97-131 entitled "Resolution authorizing installation and special assessment of fire sprinkler system at 7204 27th St. W. 8h. Change Order No. 2: Storm sewer and street construction on Cedar Lake Rd, Phase I McCrossan - Contract No. 4027) Resolution 97-132 Councilmember Young felt what is proposed is good for the City. He will have a problem with this contractor coming before the City in future with bids. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 97-132 entitled"Resolution pertaining to Change Order No. 2, Contract No. 4027." in The motion passed 7-0. 111 REPORTS FROM OFFICERS,BOARDS, COMMITTEES 9a. Planning Commission minutes September 3, 1997 9b. Neighborhood Revitalization Commission minutes September 10, 1997 By consent, items 9a and 9b were received for filing UNFINISHED BUSINESS None. NEW BUSINESS 11a. Lease of private property for public park use at Torah Academy Mr. Gears said the City has been working with Torah Academy for a number of years under an informal agreement to operate a portion of their property adjacent to Fern Hill Park as public park land. The City has been meeting with residents of the neighborhood about improvements they would like to see made to the park. One of these improvements would require the City to extend the improvement area into the private property owned by Torah Academy. Torah is amenable to this and it was felt a formal agreement should be executed. 150 Councilmember Sanger wanted to add that discussions between Torah and Fern Hill neighborhood had been ongoing for some two years and that monies have been approved in the City's budget. It was moved by Councilmember Sanger, seconded by Councilmember Flanagan, to authorize the Mayor and City Manager to execute the 10-year lease agreement as proposed. Councilmember Latz noted that there has been recent discussion by the Council with regard to public investment in private, religiously-owned property, and for him to be consistent with his previous comments,he asked if it were appropriate for the City to be investing public dollars in a physical capital improvement on private land which is owned by a religious institution. He asked for a chance to further review this and place it on an upcoming study session agenda. Councilmember Sanger said this was, conceptually, the same as the previous matter. She said she was willing to have a discussion generally on this subject of public investment on religious property, but that as far as this item is concerned, it is way too late to postpone it further-- the neighbors were promised the park improvements a year ago and the money is available. Councilmember Latz hoped Councilmembers and/or staff were not going forward making promises to anyone on anything prior to public hearing and discussion as they would be going beyond authorization and regrettably neighborhood residents perhaps being misled. Mayor Dorfman said it would seem that the whole issue of City/Religious connections needed to be addressed by Council at a study session. Councilmember Brimeyer felt the issue was not a timeline (getting this project done before Winter), but it was broader. If the City is encouraging collaboration between the neighborhoods and City in making these types of decisions, then churches, health clubs,bars, grocery stores, etc. as parts of neighborhoods need to be included in creating worthwhile projects as the end result. Councilmember Young suggested as a compromise that Council approve moving forward except for the improvements to that part that is on the Torah property. Councilmember Sanger said the issue before Council was approval of the lease, not that a particular improvement will or will not be made. Mr. Gears said it would be possible to start the remainder of the public park improvements without the lease • being executed at this time. Councilmember Sanger wanted to remind everyone that what was being talked about was do we or do we not want this park. A park has been there, informally, for many years. Now,the point is do we want to formalize this long-standing situation. Councilmember Latz reiterated his opinion that a park is not the issue; the issue is entirely a question of whether or not there ought to be public investment on private religious property. 151 It was moved by Councilmember Latz, seconded by Councilmember Young,to table this item. The motion failed 3-4 (Councilmembers Jacobs, Latz, Young in favor; Councilmembers Brimeyer, Dorfman, Flanagan, Sanger opposed). With respect to the original motion(execution of lease agreement), Councilmember Latz offered the following amendment: that the lease be approved and executed, but which would prohibit any expenditure of appropriated dollars for the park improvement until a discussion be held at a study session. Councilmember Sanger, who made the original motion, would be in favor of Councilmember Latz's amendment if there was a decision by the end of the study session next week whether this would be approved or denied. This was acceptable to Councilmember Latz. Erica Strohl, president of Fern Hill Neighborhood Association, spoke in favor of approving the lease agreement. The motion passed as amended 7-0. 11b. Rec Center Renaissance Change Order: Plumbing and HVAC It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to approve and authorize execution of a Change Order for the Rec Center Renaissance as identified in staff's report. ICouncilmember Flanagan asked if the architect should not be responsible for these additional costs as the changes were related to "post bid design changes which were necessary to meet current Code requirements." Was not the current Code in effect a year ago? Mr. Gears said an agreement has been negotiated with the architect to cover some of the additional costs and explained how that formula was reached and the deduction made from the architect's fee. Councilmember Flanagan's concern was that this was public money and one would hope as much care is taken as though it was one's own money. The motion passed 7-0. 11c. Recreation Center lighting: NSP Local Government Energy Conservation Program It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to direct staff to proceed with solicitation of bids for energy-efficient lighting at the Recreation Center. The motion passed 7-0. MISCELLANEOUS None. 152 CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims were approved and payment was authorized 13b. Contract payments -Final 1. Universal Applicators, cleaning,repairing &painting Res.No. 1 $ 12,646.88 Resolution 97-133 2. Judd Supply Co, street light equipment 149,686.76 Resolution 97-134 3. C. S. McCrossan, Cedar Lake Rd. Reconstruction 95,000.00 Resolution 97-135 4. Nova-Frost Inc., Rec Center 18,313.75 Resolution 97-136 5. Diversified Coatings, Rec Center 624.70 Resolution 97-137 By consent, Resolutions 97-133-97-137 were approved and payment was authorized Partial payments • 1. Matt Bullock Cont., excavation/embankment 4,256.00 2. Valley Paving, watermain replacement/pvmt mill & overlay(Shelard Park) 32,656.72 3. Midwest Asphalt, W. 27th/Louisiana intersection modifications 60,323.29 4. Midwest Asphalt, Cedar Lake Rd. Phase III reconstruction 73,875.30 5. DMJ Corp., City Hall parking lot 1,608.25 6. DMJ Corp., water plant parking lot 2,412.13 7. Progressive Contractors, bridge deck repair, City-wide 26,836.55 8. Scandy Concrete, concrete alley paving, Elmwood alleys 86,153.48 9. St. Paul Linoleum/Carpet, Rec Center 3,245.20 By consent, partial payments were approved and payment was authorized. 14. Communications a. From the Mayor--None b. From the City Manager- Mr. Meyer clarified the McCrossan request for payment. 153 Appointments IIt was moved by Councilmember Young, seconded by Councilmember Jacobs, to make the following appointments: John Mann -reappointed to the Fire Civil Service Commission Keith Meland- reappointed to the Police Civil Service Commission William Webb - appointed to Human Rights Commission Brent Sheely - appointed to Neighborhood Revitalization Commission Ruth Erickson- appointed to Human Rights Commission Paul Carver-appointed to Planning Commission Anthony Reel - appointed to Board of Zoning Appeals Bruce Young - appointed to Building Construction Codes Commission The motion passed 7-0. ' 15. Adjournment The meeting adjourned at 8:29 on a motion by Councilmember Jacobs, seconded by Councilmember Sanger which passed 7-0. / b . , 111 a,,,,__: L) .i/ , Rec rding Secretary Mayor Dorfman / c- 1 154