HomeMy WebLinkAbout1997/03/18 - ADMIN - Minutes - City Council - Regular CITY OF
I' ST. LOUIS MINUTES
'. jPARK CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
February 18, 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, Mayor Gail Dorfman.
Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Fuchs); Deputy City Manager
(Ms. Kutzler); Director of Community Development(Mr. Harmening); Director of Public Works (Mr.
Rardin); Director of Inspections (Mr. Petersen); Director of Parks and Recreation (Mr. Gears); Housing
Coordinator(Ms. Quarfot).
4. Approval of minutes of February 3. 1997
There being no amendments/corrections to the minutes,they were approved as presented.
5. Approval of agenda for February 18. 1997
Consent agenda- It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to
approve the consent agenda. The motion passed 7-0.
Feb. 18 agenda-It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to
approve the agenda. The motion passed 7-0.
PUBLIC HEARINGS
6a. Intent to continue organized garbage, refuse, recycling and yard waste collection
services within the City.
Resolution 97-15
Lisa Disbro, 8000 Powell Rd. of Waste Management which operates Recycle America, St. Louis Park's
recycling service wanted to express the company's intent to submit a proposal for waste collection and
recycling for the City.
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 Brimeyer wanted to clarify that at this point, staff is soliciting qualifications from
qualified companies. He wanted to reiterate that those companies completing the RFQ need to
demonstrate that they have handled large accounts. Merely having one truck operating in the City
doesn't necessarily qualify a company.
It was moved by Councilmember Jacobs, seconded by Councilmember Latz to adopt Resolution 97-15
entitled "A resolution of intent to organize solid waste collection within the City of St. Louis Park and
to invite the participation of interested persons in planning and establishing the organized collection
system."
The motion passed 7-0.
PETITIONS, REQUESTS, COMMUNICATIONS
None
RESOLUTIONS AND ORDINANCES
8a City Engineer's report: Excelsior Blvd. Streetscape Phase III -Improvements
from Monterey Dr. to France Ave.: City Project 96-35/96-22
Resolution 97-16
A brief presentation was given by the consultants for the project.
It was moved by Councilmember Flanagan, seconded by Councilmember Jacobs, to adopt Resolution
97-16 entitled "Resolution accepting the City Engineer's report, establishing Improvement Project Nos.
96-35/96-22, authorizing development of final plans and specifications for Streetscape Project No. 96-
22, ordering Improvement Project No. 96-35, approving plans and specifications and authorizing
advertisement for bids for street lighting poles and fixtures, Improvement No. 96-35."
The motion passed 7-0.
8b. City Engineer's report: Watermain replacement on Shelard Parkway from Nathan
Lane to 450 ft north of the north frontage road of I-394 and roadway mill and
overlay
Resolution 97-17
Mr. Moore said this item was a follow-up from last year's first phase of a four-year project to replace all
the watermain in Shelard Park due to corrosion of the existing system.
Councilmember Sanger said since this project is contingent on the sale of bonds and Council has not
voted on the sale, why is this being voted on before the issue of even selling the bonds is resolved.
Mr. Moore said if Council proceeds with the sale of the bonds, staff would thereafter proceed with
advertisement for bid. This allows staff to proceed with the development of plans and specifications at
this time.
It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Resolution 97-
17 entitled "Resolution accepting the City Engineer's report, establishing Improvement Project Nos. 96-
33 and 96-27 ordering Improvement Project Nos. 96-33 and 96-27 approving plans and specifications
and authorizing advertisement for bids for Improvement Nos. 96-33 and 96-27."
The motion passed 7-0.
8c. Advancement of funds from MSA account
Resolution 97-18
By consent, Council adopted Resolution 97-18 entitled"Resolution requesting advancement of
Municipal State Aid funds for municipal State Aid street projects."
8d. Authorization to advertise and receive bids for sealcoating materials for 1997
Resolution 97-19
By consent, Council adopted Resolution 97-18 entitled "Resolution accepting the directors report,
authorization to advertise and receive bids for sealcoating materials."
8e. Authorization to advertise and receive bids for bituminous patching materials
for 1997.
Resolution 97-20
By consent, Council adopted Resolution 97-20 entitled"Resolution accepting the directors report,
authorization to advertise and receive bids for bituminous patching materials."
8f. Second reading of Ordinance to revise the franchise agreement with NSP
Ordinance No. 2086-97
Ms. McBride noted that Minnegasco wanted major rewrites to the franchise, so for purposes of the this
second reading, the NSP franchise agreement amendments stand alone and staff will start over with the
agreement with Minnegasco.
It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Ordinance
2086-97 entitled"Ordinance amending the St. Louis Park municipal code related to the electric
franchise agreement with Northern States Power" , and call for a public hearing on the proposed
amendments to the Minnegasco franchise agreement for March 17, 1997.
The motion passed 7-0.
8g. Resolution adopting a policy for the use of Matured Special Assessment Debt
Service Fund's assets
Resolution 97-21
Councilmember Flanagan asked if the use of these funds was anticipated during the approval of the
renovation of the Recreation Center or is this action required due to the increased construction costs.
Mr. Meyer responded that when the funding for the project was established, staff indicated the source of
last resort would be the Matured Special Assessment Fund. Because of some of the difficulties
encountered with bidding and pricing on the project, it now looks apparent that the City will have to use
some of that Fund . This action would set up a situation wherein the funds to cover the worst case
scenario are set aside in Matured Special Assessment Fund so that those funds could not inadvertently be
committed to some other purpose.
It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 97-
21 entitled"A resolution adopting a policy for the use of the Matured Special Assessment Debt Service
Fund's assets and establishing a reserve of$2,783,790 for future debt service."
The motion passed 7-0.
8h. Variance appeal: 2200 Florida Ave.
Mr. Petersen said Shotwell Company appeared before the Council on Nov. 18, 1996 appealing the
decision of the Board of Zoning Appeals to deny their variance for an expansion of their industrial
building. He spoke briefly of the noise monitoring that the City had undertaken in which no ordinance
violation was found.
Lynne and Michael Lent, 6739 Eliot View Rd., addressed Council. They questioned the veracity of the
testing and monitoring. They did express their appreciation of the measures taken by Shotwell over the
past months to reduce the noise and vibration. In the interests of goodwill and neighborliness, they
removed their opposition to the variance under the following conditions: If the recent testing was a true
cross-section of the company's workload,they were requesting that Shotwell stay within the parameters
of the materials tested and that any heavier materials be cut by laser. They wanted assurance that any
nuisance vibration will be infrequent and of short duration.
Mike Bloomquist, Shotwell Company,addressed Council relative to the variance request.
Tom Powers, 2241 Hampshire Ave. S. asked Council to consider the visual and safety impact of
allowing the extension of an already long 5 ft. gap between Shotwell and the businesses. Also to
consider the visual effect of a continuation of an unbroken wall of buildings already allowed to encroach
too close to the residents on the West and its impact on the landscaping effectiveness.
Councilmember Latz, noting Mr. Powers was a member of the Eliot View Neighborhood Association,
asked if he was speaking on behalf of the Association or as a resident. Mr. Powers said that on this issue
he was speaking as an individual.
Councilmember Sanger asked if staff had any concerns from a safety perspective relative to the
widening of this narrow corridor that would occur if the variance were granted; and secondly whether
staff has any reason to have changed its recommendation that it made to BOZA with respect to any of
the criteria for whether or not a variance should be granted.
Mr. Petersen was not aware of any concerns expressed in the past relative to safety issues. He said staff
has not seen any additional evidence to cause a change in the recommendation.
It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to reverse the decision
of the Board of Zoning Appeals and direct staff to prepare a resolution of approval with findings to
present at the March 3, 1997 meeting.
The motion passed 7-0.
8I. Resolution authorizing the execution of a contract for fabrication and installation
of a sculpture at the Recreation Center _
Resolution 97-22
It was moved by Councilmember Brimeyer, seconded by Councilmember Jacobs,to adopt Resolution
97-22 entitled"Resolution authorizing execution of a contract for fabrication and installation of a
sculpture at the Recreation Center public plaza."
The motion passed 7-0.
8j. _ Town Center concept plan
Mayor Dorfman emphasized that what Council was looking at tonight was a"concept",not definite
plans and it is intended to keep the process moving, both in terms of public input and undertaking some
studies.
Ms. Jeremiah spoke about the process and comments received to date on the concept plans and what
concept plan approval means to the City and community.
Some of the concerns expressed by affected businesses were the following: First off, a number of
businesses have expressed that they are happy the City is doing something to address the area before it
becomes a problem; on the other hand concerns were expressed particularly by those businesses that
might be faced with relocation as a result of redevelopment; also concerns expressed about adequate
parking for all the business needs.
Sterling Patterson, TwinWest Chamber of Commerce and Business Council, reiterated concerns. of the
Chamber: their belief that the marketplace should determine which businesses are to remain in an area
and which may not be appropriate. She said the market studies the City plans to undertake addressed
those concerns. The Chamber was concerned about displacing entrepreneurs. Also, the financial
feasibility. They would stress there should be budget guidelines so all know what they are getting into
prior to implementation. The Chamber wanted to position itself as being pro-active, continuing dialogue
with City staff.
Jim Jennings, 4630 Excelsior Blvd., asked if the concept plan was being adopted subject to studies. For
example, an east/west road is being proposed which is opposed by Wolfe Lake Condominiums. If the
studies show the road is necessary, is it then automatically in.
Mayor Dorfman said there are sketches that the Task Force will be looking at along with the consultant
and thereafter make recommendations to the Council.
John Miller, 3550 France Ave. spoke. His question was can this be done financially and can industries
be attracted to come into this area. He felt everyone should continue working on the plan and take the
time to look into TIF, with the financing , what businesses can be attracted to fit into this plan. He
cautioned about moving too rapidly.
Mark Savin, 90 S. 7th St., Minneapolis, attorney for Jim Jennings. He felt the concept plan was too
vague, too unformed. The sketch has no economic or physical reality to it. He hoped Council would
modify the resolution so that instead of formally adopting a concept plan, Council simply say that
further study of the concept plan shall proceed.
Councilmember Young noted Mr. Savin's suggestions were covered in the conditions as listed in the
resolution. Also he felt that before studies can be done, before the Task Forces can proceed with
meaningful work, some sort of direction needs to be laid out by the Council, ideally in the form of a
resolution.
Mr. Savin asked it be made clear that by Council adopting this resolution it was not adopting as a plan
the sketch that was displayed. Also that no action is being approved other than further study by the
Council and staff.
Mayor Dorfman said that was correct
Councilmember Brimeyer noted that in traditional planning, the City Council and Planning
Commission go through a great exercise, unveil their results and expect everyone to accept it. This is a
new approach-- a couple of hundred people involved in the charrette, the Task Forces, many meetings,
etc. Simply put, he did not care what words were used tonight; rather, he wanted the Council to say this
is the concept that we feel, at this point in time, is a good idea, we give it preliminary endorsement, and
we want to see the studies go forward to see if it's financially feasible, if it's marketable, if the
traffic/pedestrians/bikes work and come back and report it works or doesn't work and we've got to shift
again.
Mr. Meyer read lines from the resolution which he felt most clearly stated the intent.
Gary Rackner, owner of Bunny's at 4730 Excelsior Blvd., felt the Council probably knew what it was it
was voting on, but did the public. Many of his customers have come to him asking if he's going to be
around the rest of the year or not. Apparently a lot of the people in the community don't really know
what the Council is approving. He felt it needed to be publicized that this is just a concept at this point
and the current businesses will remain there for some 3-7 years, that it is not something that will be done
in 1997.
Councilmember Latz said this type of redevelopment can't be conjured up out of thin air, there has to be
something down on paper which shows basic elements and that is what the sketch is all about.
Conceptually, one has to see streets, buildings, parks, sidewalks, etc. in order to have something to work
off of. He sees this at a starting point, a place from which to move forward.
Ann Jennings addressed Council. She talked about the investment Jennings and other businesses have
made in the community and their long-term commitment to the community -- many not just as residents
but as business owners. Her main concern was the uncertainty felt by the business community as to the
plan for this area and its affect on them.
Councilmember Flanagan questioned the positioning of the entrance to Town Center. Mayor Dorfman
said that the location was decided by Vision St. Louis Park. She would like to see options and
alternatives which could be considered. She asked what the charge was to the Task Forces, how will
their recommendations be conveyed to the Council.
Ms. Jeremiah said the goal was to reach consensus which may not be possible in all situations. The Task
Force recommendations will probably come to Council as the percentage of the people voting. "
Councilmember Flanagan suggested some changes in the wording of the resolution, specifically No. 6
could be reworded to add"implementation of the Town Center Task Force recommendations" . Mayor
Dorfman suggested that phrasing could be included in No. 2 of the proposed resolution.
Mayor Dorfman acknowledged comments from Rachel Fitzgerald of Reddy Rents.
Councilmember Latz supported the addition of "including consideration of Task Force
recommendations' to the conditions of the resolution. He expressed his appreciation to the businesses in
attendance this evening and for their comments and input.
Councilmember Sanger said regarding concept plan, from her perspective she regards it as a starting
point, but believes what is needed along the way is a giant eraser for the changes that are bound to occur
as everyone works through the process. One of the things said to her was that Council and staff have
apparently not done as good a job as could be done with regard to communications. Although Council
may know what they mean by "concept plan", perhaps more effort should be put into additional or
clearer communication to the community. She also felt the process required a measure of trust on the
part of businesses and residents as well as the City.
Michael Jennings addressed the Council and reiterated the comments of previous presenters.,
particularly as pertains to the uncertainty about the future of business owners.
It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 97-23
entitled"A resolution approving Town Center concept plans to guide redevelopment in the area bounded
by Highway 100, W. 36th St., Monterey Dr. and Excelsior Blvd and including the properties
immediately adjoining Excelsior Blvd. to the south of the described area"with the amendment as
recommended by Councilmember Flanagan and himself.
The motion passed 6-1 (Councilmember Flanagan opposed).
8k. Park Center Blvd. Housing District
Resolution 97-24
It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 97-
214 entitled "Resolution clarifying the parcel to be included in the Park Center Blvd. Housing Tax
Increment Financing District within the City of St. Louis Park."
The motion passed 7-0.
81. Renewal of license for Minnesota Recreation and Park Association (MRPA) to sell pulltabs
at Gippers and Classic Cafe
Resolution 97-25
By consent, Council adopted Resolution 97-25 entitled"A resolution of the St. Louis Park City Council
approving issuance of a premises permit for lawful gambling for Minnesota Recreation and
Park Association."
REPORTS FROM OFFICERS,BOARDS, COMMITTEES
9a. Financial report for January 1997
9b. Preliminary Financial Statement for December 1996
9c. Minutes: Planning Commission January 15, 1997
By consent, items 9a-9c were approved
UNFINISHED BUSINESS
10a. Agreement with Habitat for Humanity for the purchase and demolition of the home
at 2628 Vernon Ave.
It was moved by Councilmember Sanger, seconded by Councilmember Jacobs,to authorize the Mayor
and City Manager to execute an Agreement between the City and Habitat for Humanity relating to 2628
Vernon Ave.
The motion passed 7-0.
10b. Hennepin County HOME Funding Agreement and the assignment of mortgage and
Il promissory note relating to 3536 Texas Ave.
It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to authorize the Mayor
and City Manager to execute a HOME Funding Agreement and assignment of mortgage and
promissory note.
The motion passed 7-0.
10c. Rec Center aquatic fees for 1997
It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Option Number
2 for 1997 Rec Center aquatic fees.
In answer to questions from Councilmember Sanger and Mayor Dorfman about a fee structure for
business people working in St. Louis Park and reciprocity in terms of passes with adjoining cities, Mr.
Meyer said these items were still under discussion
The motion passed 7-0.
NEW BUSINESS
No business
MISCELLANEOUS
No business
CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims
By consent, the verified claims were approved and payment authorized.
BOARDS AND COMMISSIONS
14a. Boards and Commissions
It was moved by Councilmember Young, seconded by Councilmember Sanger to make the following
IIappointments to Boards and Commissions:
Gordon Hale - Community Education Advisory Council
Kurt Peterson - Human Rights Commission
Steve Nelson - Planning Commission
Belinda Pinney - Neighborhood Revitalization Commission
Dr. Herbert Jonas - Community Education Advisory Council
Jim Lanenberg -Neighborhood Revitalization Commission
Kathryn Courtney -Neighborhood Revitalization Commission
Jill Body - Cable TV Commission
Michael Kadesky -Neighborhood Revitalization Commission
Robert Jacobson - Cable TV Commission
Laurel Higgins - Human Rights Commission
The motion passed 7-0.
COMMUNICATIONS
15a. From the City Manager-None
From the Mayor- Mayor Dorfman said a letter had been received from Lake Forest residents
with a petition addressing the proposal for deer reduction.
Councilmember Young said he had met last week with Commissioner Mark Stenglein on the railroad
traffic options.
Councilmember Jacobs said he would not be participating in the executive session discussion re the Rec
Center litigation because of a conflict of interest.
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer to adjourn to executive
session.
16. Adjournment
Following executive session a motion to adjourn the meeting was made by Sue Sanger and seconded by
Jim Brimeyer. Meeting adjourned at 10:40 p.m.
i' ( ! vim. h I
Mayor Dorfman
Recording Secretary