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HomeMy WebLinkAbout1997/11/03 - ADMIN - Minutes - City Council - Regular TY F MINUTES ST.CILOUOIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA November 3, 1997 1 Call to Order President Dorfman called the meeting to order at 7 30 p m 2 Presentations Mayor Dorfman presented a plaque to Stan Barton, recent Chair of the Planning Commission, for his many years of service to the City 3 Roll Call The following Councilmembers were present 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), Economic Development Coordinator(Mr Anderson), Parks and Recreation Director(Mr Gears), Director of Public Works (Mr Rardin), and City Clerk (Ms Larsen) 4. Approval of minutes of October 20, 1997 meeting Item 8b Councilmember Sanger did not recall during discussion of the Westwood Shopping Center item discussion about this coming back at a later date She recalled proposed expansion of the rehab loan program and the Westwood area would be looked at somewhat interrelated Councilmember Young said that the minutes reflected correctly his motion, that he felt there was more urgency with the one matter, Westwood There being no further corrections the minutes were received as presented 5 Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to approve the consent agenda The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to approve the agenda The motion passed 7-0 PUBLIC HEARINGS 163 6a. Assessment hearing for Project 90-37 Resolution 97-142 City Assessor Mr Stepnick explained the assessment of the commercial/residential properties in this 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 To clarify, Mayor Dorfman said the properties having a residence will be assessed at the $4 00 rate until the use changes at which point an adjustment will be made It was moved by Councilmember Latz, seconded by Councilmember Brimeyer, to adopt Resolution 97-142 entitled"Resolution adopting assessment Improvement No 90-37, paving, curb and gutter for the reconstruction of the north frontage road of T H. 7 from Quebec Ave to Texas Ave and the south frontage road of T H 7 from Rhode Island Ave. to Texas Ave" incorporating the modifications as outlined in staff's report The motion passed 7-0 6b. Comprehensive Plan amendment at 7100-02 Excelsior Blvd. and the Meadowbrook Manor Apartments Resolution 97-143 Ms Jeremiah noted this item is proposed in order to bring consistency to the zoning and Comprehensive Plan designation for these properties which are just West of Excelsior Blvd and Louisiana Blvd Staff believes the R30 dwelling units per acre is correct rather than 50 units per acre Duane Arndt, attorney representing Mr Noory Shokry, owner of the property just west of Meadowbrook Manor, addressed this issue He questioned whether the language of the Comp Plan was an oversight or not. The question for him is whether it is appropriate at this time to change the designation from R50 to R30 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 Latz asked Mr Arndt why he opposed the proposed change Mr Arndt said it related to the next item, his client's request to change the zoning on the property to RC which would not be permissible unless it is an R50 residential area The fact that it is in the floodplain further complicates his client's desire to develop the property 164 Councilmember Young had a concern that this proposal was different from what the property was when the owner purchased it He had not seen any evidence that this was an error He could not approve forcing housing goals on the property owner He felt development of a medical building was a suitable use for the property. He preferred the zoning be left as is Attorney Scott said the change to the R30 and Comp Plan not only relates to the density, but under an R30 designation in the Comp Plan a consistent zoning classification which would be R4 would not allow any commercial use R30 would not allow for any commercial uses, whereas R50 and a corresponding RC zoning classification would allow for some commercial uses Councilmember Brimeyer said what bothered him was taking someone's property and changing it, in this case the property owner thought he was buying R50. Also, there is going to have to be some sort of environmental assessment done on the property whether it is R50, R30, medical or what have you. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution 97-143 entitled "a resolution approving an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St Louis Park under Minnesota Statutes 462 3512 to 462 364" which changes the zoning designation from R50 to R30 on the subject property The motion passed 5-2 (Councilmembers Flanagan and Young opposed) 6c. 7100-02 Excelsior Blvd, property located west of the Meadowbrook Manor Apartments Resolution 97-144 Mr Arndt referenced HUD's letter of August 1994 relative to funding of housing on this property which stated that given the concerns, HUD would not approve mortgage financing Mr. Noory Shokry addressed Council and said he was told the density was R50 and didn't understand how 4 years later he is told R50 was a mistake made by previous staff. Mr Harmening said the environmental concerns related to this property are because of a spill which occured to the north and west of this site which contaminated some groundwater He was not aware of a Phase II assessment being completed He said the important point is that any kind of environmental situation on that site is going to raise a concern for a lender whether it is a housing project or a commercial project 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 Sanger, seconded by Councilmember Brimeyer, to adopt Resolution 97-144 entitled"A resolution with findings regarding the application of Nader Nooryshokry for an amendment to the Zoning Map, 7100-02 Excelsior Blvd" which denies the rezoning application 165 The motion passed 6-1 (Councilmember Flanagan opposed) 6d. Zoning Code text amendment There being no one present 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 Brimeyer, seconded by Councilmember Jacobs, to approve first reading of the Zoning Ordinance amendment relating to Travel Demand Management and set second reading for November 17, 1997. The motion passed 7-0 REQUESTS, PETITIONS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance amending the Water& Sewer Utility rates for 1998 Ordinance No. 2104-97 It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to adopt Ordinance 2104-97 entitled "An ordinance amending the St Louis Park Municipal Code related to the 1998 water rates, Section 9-101, and the 1998 sewer rates, Section 9-231", approve the summary and authorize its publication The motion passed 6-1 (Councilmember Sanger opposed) 8b. Claims processing It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to waive first reading and set second for November 17, 1997 The motion passed 7-0 8c. Detachment and Annexation: St. Louis Park and Golden Valley Resolution 97-145 This item considered the proposed detachment of property from St Louis Park and it's annexation by the City of Golden Valley 166 Councilmember Young said, although this property is very small, it is a lynchpin to a major development in Golden Valley If St Louis Park were to simply say, Go ahead, take this land, from a business and bargaining standpoint, any future leverage the City might wish to retain would be lost. He felt it important to have agreements on any contiguous properties of St Louis Park and Golden Valley He'd like to see the item referred to an upcoming study session Councilmember Sanger felt that after the study session, there was Council consensus that the City did not want to give away bargaining leverage She agreed with Councilmember Young that the proposed resolution was simply too vague It would be her preference to defer the item until there was a specific agreement governing the parcels that will allow MEPC to do its development on both sides of I-394. Mr. Meyer felt the language of the resolution is just a general statement of intent -- an agreement to come back to the table and that is all he sought from Golden Valley A number of concerns were expressed and alternatives offered. Going much beyond what was before Council this evening was deemed worthy of more extensive research. It was moved by Councilmember Flanagan, seconded by Councilmember Brimeyer, to adopt Resolution 97-145 entitled "Resolution authorizing execution of a joint resolution approving the concurrent detachment and annexation of a portion of Old Wayzata Blvd " IIThe motion passed 5-2 (Councilmembers Young and Sanger opposed). 8d. Sentence to Serve (STS) program, 1998 By consent, Council adopted Resolution 97-146 entitled "Resolution approving participation in the STS Program for 1998 REPORTS FROM OFFICERS, COMMITTEES, BOARDS 9a. BOZA meeting minutes September 25 9b. Neighborhood Revitalization Commission minutes September 24 9c. Human Rights Commission minutes September 17 Items 9a-9c were ordered filed by consent UNFINISHED BUSINESS None NEW BUSINESS 167 11a. Confirmation of appointment of John Luse as Chief of Police It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to confirm the appointment of John Luse as Chief of Police effective November 4, 1997. The motion passed 7-0 City Clerk Ms Larsen swore into office Chief John Luse 11b. Approval of text agreement for communications antenna with Nextel West Corp. Resolution 97-147 By consent, Council adopted Resolution 97-147 entitled "Resolution approving lease agreement for communications antenna" 11c. Approval of lease agreement for communications antenna with U.S. West Comm- unications Resolution 97-148 By consent, Council adopted Resolution 97-148 entitled"Resolution approving lease agreement for communications antenna". 11d. Bituminous street work supplies By consent, Council increased the contract amount for bituminous patching material for Bituminous Roadways contract #4156 from $47,450 to $65,000. lle. Bid tabulation: Purchase of granular activated carbon By consent Council authorized execution of a contract with Calgon Carbon Corp for the purchase of GAC in the amount of$36,400 11f. Amendment to agreement between City of St. Louis Park and Tautges,Redpath Co. By consent, Council authorized City Manager and Director of Finance to execute a supplemental agreement for consulting services 11g. Selection of architect for Wolfe Park building and park shelters By consent, Council authorized execution of an agreement for professional design and architectural services with Bentz/Thompson/Rietow in an amount not to exceed 10% of the project's construction cost MISCELLANEOUS 168 None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, claims were approved and payment was authorized. b. Contract payments Final: Public Works Contracts Progressive Contractors, Inc - Contract No 4196 $ 1,412 45 Bridge deck repair- City-wide Midwest Asphalt - Contract No 4057 $126,194 07 Utility and street construction -Phase II Valley Paving - Contract No 4089 $ 38,082 45 Watermain replacement and pavement mill & overlay (Shelard Parkway from Ford Road to Nathan Lane) DMJ Corporation - Contract No 4168 $ 1,204 63 City Hall east parking lot DMJ Corporation - Contract No 4169 $ 1,356 31 Water plant parking lot Scandy Concrete, Inc - Contract No 4195 $ 12,899 07 Concrete alley paving-Elmwood Alley's Rec Center Renaissance Contracts Contractor Project No. Contract No. Amount Spancrete Midwest Company Al & A2 4080 $ 17,353 30 Falcon Fire Protection, Inc C28 4121 $ 9,876 30 Action: By consent Council adopted resolutions 97-149 through 97-156 Partial: Public Works Contracts 169 Midwest Asphalt - Contract No 4197 $ 27,665 39 Intersection modifications - W 27th St/Louisiana Avenue Midwest Asphalt Corporation- Contract No 4171 $ 61,235.93 Utility and Street Construction - Cedar Lake Road Phase III Ron Kassa Construction, Inc - Contract No 4199 $ 38,423.41 Concrete alley paving (2900 block Ottawa/Natchez Avenue) Ron Kassa Construction, Inc - Contract No 4204 $ 22,416 91 Random concrete walk replacement Independent Curb Contractors, Inc - Contract No 4200 $ 20,760.80 Random concrete replacement Wolfe Park Contract Contractor Contract No. Amount Carl Bolander& Sons Company 4209 $ 51,214 50 Rec Center Renaissance Contract Contractor Project No. Contract No. Amount Maertens-Brenny Construction C4 & C4 4094 $ 78,597.55 Action: By consent Council approved and authorized payments 14. Communications -None 15. Adjournment A motion to adjourn was made by Councilmember Jacobs and seconded by Councilmember Brimeyer The meeting adjourned at 9 45 p m May. Gail Dorfman / Cynthia D Larsen Recording Secretary 1 170