Loading...
HomeMy WebLinkAbout1997/03/03 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES -CITY COUNCIL MEETING ST. LOUIS ST. LOUIS PARK, MINNESOTA PARK March 3, 1997 7:30 p.m. 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Mayor Dorfman issued a proclamation declaring March 1, 1997 as VFW Ladies Auxiliary Day 3. Roll Call The following Councilmembers were present at roll call: Jeff Jacobs, Beverly Flanagan, Sue Sanger, r Ron Latz, Robert Young, Jim Brimeyer, 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); Director of Inspections (Mr. Petersen); Director of Parks and Recreation(Mr. Gears); Housing Coordinator(Ms. Quarfot)Economic Development Coordinator(Mr. Anderson); City Clerk(Ms. Larsen); Finance Director(Ms. McBride); and City Engineer(Mr. Moore) 4. Approval of Minutes a. City Council meeting of February 18, 1997 There being no corrections or amendments to the minutes, the minutes were approved as presented. b. Study Session Minutes of October 14, 28 November 12,25 December 23, 1996 and February 10, 1997 and Special City Council meeting of December 23, 1996 There being no corrections or amendments, the minutes were approved as presented. 5. Approval of agenda a. Consent agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0. b. Agenda March 3 agenda- It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda for March 3, 1997. Motion passed unanimously. 33 c. Resolutions and Ordinances By consent, reading of resolutions and ordinances was waived. 6. PUBLIC HEARINGS a. Request to transfer intoxicating liquor license from Sheraton Park Place Hotel to DT Management. The owner of the Sheraton Park Place Hotel is selling to PAH DT Park Place Partners, L. P. (Patriot Partnership L.P., a Virginia Limited Partnership and DTH PAH Holding Inc., an Arizona corporation). Ms. Katie Bergstrom, on behalf of the new owner, asked that it be made clear for the record that DT Management is the party holding the license. 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 Sanger moved to approve the transfer of the intoxicating liquor license effective on the date of closing. Motion was seconded by Councilmember Flanagan. Motion passed unanimously. b. Application for off-sale intoxicating liquor license for Vic's Liquor at 6316 Minnetonka Blvd. This applicant requested an off-sale intoxicating liquor license for Vic's Liquor at 6316 Minnetonka Blvd. (At Dakota,next to the Video Update). Councilmember Sanger asked if adequacy of parking had been addressed. Mr. Petersen replied that parking was reviewed as part of the overall plan for the property. 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. A motion to approve the off-sale intoxicating liquor license was made by Ms. Sanger and seconded by Mr. Jacobs. Motion passed unanimously. c. Resolution approving the projected use of 1997/1998 CDBG funds Resolution Number 97-26 This report related to the proposed allocation of$286,343 for the Community Development Block Grant(CDBG) 1997/1998 funding year. Per federal law a public hearing was held regarding this issue. 34 Ms. Quarfot, the City's Housing Coordinator, explained that CDBG funds received each year from the County are intended to benefit low and moderate income persons,to eliminate slum and blight and to meet urgent community needs. Staff is proposing a new process for the allocation of 1997 11 funds in tying hard construction costs with the provision of social services to address these needs. Staff was recommending that a portion of the 1997 funds be allocated to single family home rehabilitation($200,000)and a portion to multi-family neighborhood revitalization($85,000.00). Mayor Dorfman asked how cooperation between multi-family owners and social service providers will be fostered. Ms. Quarfot stated that an invitation to an informational meeting is being sent to both groups as well as others who may have an interest. In addition, staff has contacted agencies that received funding in past years to inform them of the guidelines being proposed. Marsh Frey, Development Director for Sojourner Project, a battered women's program serving the western suburbs, requested that Council allocate CDBG funds to their organization to facilitate their relocation. Mayor Dorfman stated that Sojourner currently receives funds from the City through the General Fund and suggested that they look at other ways to qualify for this round of CDBG funding. 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. A motion was made by Councilmember Jacobs to adopt a Resolution approving the projected use of funds for 1997 Urban Hennepin County Community Development Block Grant Program and authorizing signature of subrecipient agreement with Hennepin County and any Third Party Agreements. Motion was seconded by Councilmember Young. Motion passed unanimously. d. Subdivision Ordinance Revision A public hearing was held to consider the complete revision of the City's Subdivision Ordinance. Judie Erickson, Planning Coordinator, presented to Council the proposed Subdivision Ordinance. She explained that language and policy contained in the current ordinance is outdated and should be brought current and summarized differences between the existing ordinance and the proposed. Fritz Porter, 9255 23rd Street West addressed the Council with concerns about the revised ordinance. Mentioned were; process to be used for granting variances,preliminary plat approval and state laws guiding that action, and the relationship between Zoning Ordinance and the Subdivision Ordinance. Mayor Dorfman requested staff to review and respond to Mr. Porter's written suggestions and concerns. Mayor Dorfman closed the public hearing. Councilmember Sanger stated that she felt this subdivision ordinance was written primarily to address larger subdivisions and may not be appropriate for the many smaller parcels in our community. She also pointed out that through sidewalks are a good idea, she felt it unreasonable to require sidewalk where other houses on the same block do not have sidewalks. She also felt that the section which allows administrative subdivision of one parcel into two parcels be stricken from the ordinance. 35 Councilmember Sanger made a motion to delete from the proposed ordinance section 14-908. Councilmember Flanagan seconded. Discussion ensued as to the details of the motion made and how it would affect legal process. The City Attorney and City Manager agreed that it would be possible to make changes as proposed in the motion prior to the second reading and that republication and re-noticing would not be required. Councilmember Latz asked what the theory was in encouraging alleys in future subdivisions where in the past alleys have been discouraged. Ms. Erickson stated that the intent was to discourage perception of the garage as the primary feature of homes viewed from the front. Councilmember Sanger stated that she saw no principal basis for distinguishing the subdivision of a single lot from larger subdivisions by defining division of single lots as an administrative act, and that a process which allows for public input should be required in all cases. Councilmember Jacobs agreed that the sidewalk portion needed to be reworked to encourage the creation of sidewalks. He felt that alleyways should be prohibited because of plowing and maintenance issues. He felt that a better way to discourage garages from becoming the predominant feature of homes was to incorporate design standards for new construction. He stated that he would not support the motion to pass the subdivision ordinance with the deletion of section 14.9 pertaining to the administrative exemption of small lots. Councilmember Brimeyer agreed with Councilmember Jacobs and felt that the administrative exemption should be kept and the sidewalk requirement should also be kept. Following some discussion as to the proper procedure for amending the original motion, Mayor Dorfman called for a clarification on Councilmember Sanger's motion. Councilmember Sanger . restated the motion to delete section 14.908 from the draft proposed subdivision ordinance. Councilmember Flanagan seconded. Motion was defeated 5-2 with Councilmember Flanagan and Councilmember Sanger opposed. Councilmember Jacobs offered a motion to approve the first reading of the subdivision ordinance as submitted and drafted by staff including section 14.908 and set second reading for March 17, 1997, with the sections regarding sidewalks and alleys amended to incorporate comments made by Council prior to the second reading. Councilmember Latz seconded the motion. Motion carried 5-2 with Councilmember Flanagan and Councilmember Sanger opposed. Councilmember Young requested that staff take note of comments and questions raised by Mr. Porter and address them prior to the next reading. 7. PETITIONS,REQUESTS, COMMUNICATIONS a. Petition from the Committee for a Risk Free neighborhood Members of the Elmwood Neighborhood requested Council to take action to reduce soil lead levels in the northwest portion of their neighborhood identified as Zone 1. 36 Mr. John Basill, 6208 Oxford Street addressed the Council in regard to this issue and requested immediate action from the City to assist in remediating the soil lead problem. He outlined the 111 background and history of the issue, effects of lead on the population and areas which the Committee for a Risk Free Neighborhood felt the City could take action to correct the problem. Bob Tift, 3800 Brunswick Ave S, thanked Staff for,their efforts made on behalf of the neighborhood and then shared with Council a timeline indicating actions taken and progress made to date. Erik Knutsen, 3764 Brunswick Ave S, addressed the Council and asked that they consider the City's liability based on the position that the City issued permits for operation of the lead smelter that caused the problem. Jodi Wilson, 3758 Colorado Ave S, acknowledged the excellent presentation of facts to Council by other members of the committee and informed Council of elevated lead levels in her children and others in the neighborhood and told how this affects the lives of families who must contend with the issue. She requested that Council complete the steps outlined in the report presented to Council. Mayor Dorfman asked questions about testing and the need for further testing. Mr. Basill responded that testing procedures have improved considerably since initially done by the State. The group is requesting that all homes in the area be tested initially and remediation steps taken to clean up areas with lead levels over 300 ppm. Ernie Petersen, Director of Inspections indicated that testing may cost more than the report indicated due to the fact that more test sites may be needed to ensure accuracy of samples. Councilmember Brimeyer and Mayor Dorfman asked several questions regarding testing already done such as where samples were taken, levels previously indicated and why. They also asked why all homes in the area were not tested when previously offered by the state. Councilmember Brimeyer drew parallels with the environmental problems found on the Reilly Tar site several years ago. He indicated that he hoped this situation would be handled expeditiously. He suggested the City enter into a partnership with the neighborhood to ensure resolution of the issue. He also felt that all steps should be completed in one effort to bring quick closure. Councilmember Flanagan expressed concern about the ability of residents of Zone 1 to sell their homes, should They choose to do so. Disclosure of lead contamination is now required at time of sale. She also suggested possibilities for funding the City's participation in the project to include the Highway 7 TIF project area and the Housing Rehabilitation Fund. Councilmember Jacobs agreed that a partnership between the City and the residents is a good idea and that he hoped for swift action. He felt that there was responsibility on the part of the neighbors to improve their homes, but that the City could assist in expediting closure through a cooperative agreement. Councilmember Sanger suggested that the City is not responsible for this problem and that it has not been the City's practice to fund environmental clean-up on private property. She expressed concern that if the City did take action National Lead would be "let off the hook". She asked the City 37 Attorney what the City's position would be if we were to take action to assist the residents with this clean-up, and if we would be bound by precedent should future claims of this nature come forward. Mr. Scott, City Attorney stated that this was a policy question and that it would not set legal precedence should the City take action in this particular case. He further stated that all documents accompanying Council's action should state that said actions apply only to this particular case. Councilmember Sanger also asked what the City's position would be in the event residents outside of Zone 1 would come forward to ask for similar assistance. Mr. Scott indicated that a line would have to be drawn somewhere. Councilmember Sanger asked if our ordinances permitted the implementation of a cooperative program between the City and the residents for alley paving and other measures. Mr. Meyer indicated that a special ordinance or resolution would need to be drafted to allow for the terms of this proposed agreement. Mr. Petersen indicated that the MPCA and the State Department of Health had been clear in previous discussions that they had no interest in participating with the City in effects to recoup costs from National Lead. If the City wished to pursue National Lead we would be doing so as the only party in the suit. Acceptable limits of lead in soil have been lowered by legislation since clean up efforts were undertaken and completed by National Lead. He believed that the city's primary concern in dealing with National Lead would be in showing that lead remaining on the site exceeds the nationally accepted level. Mr. Meyer stated that though the neighbors may be able to establish a claim against National Lead, the City's voluntary action may not be enough to establish a viable claim for a suit brought by the City. The City Attorney agreed that it would a be remote possibility for the City to seek reimbursement from National Lead. He also agreed that the City's action in cleaning up areas contaminated by lead would in no way diminish the neighbor's legal standing against National Lead. Councilmember Sanger asked if the City, by participating in the remediation, would be taking on additional liability for future perceived harms that may be attributable. The City Attorney responded that her question would require further study. Councilmember Latz asked about the groups' concerns about testing previously done. Mr. Basill responded that tests were taken by the MPCA and that the neighbors did not feel confident that these tests were done correctly or in areas that had been identified as problematic. Councilmember Sanger asked why the neighborhood had not sued National Lead. Mr. Basill responded that costs in bringing a suit against National Lead were prohibitive. Councilmember Latz suggested that a subrogation provision be included in any agreement with the residents stating that any recovery of compensation from National Lead would be shared with the City. He also suggested that staff produce more concrete cost estimates for options suggested. Mr. Petersen indicated that these estimates could be brought forward to a study session in the beginning of April. Councilmember Brimeyer reiterated his position that this should be a financial partnership between the City and the residents and that the City should not be the sole responsible party in that agreement 38 Councilmember Flanagan asked if the neighbors would be involved in the formulation of options and financial estimates. Both Mr. Rardin and Mr. Petersen, agreed to work with the neighbors toward formulation of a plan and indicated that should such a plan be adopted that it would be possible to complete all actions this year. Councilmember Sanger asked if all legal questions surrounding this issue could be answered and brought to Council prior to adopting an agreement. Councilmember Young asked that options for financing be researched as well. He also asked what percentage of alleys in St. Louis Park have been paved at residents' request and what percentage of costs for that paving were paid for by residents. Councilmember Latz made a motion that staff and the neighborhood put together cost estimates which include funding sources for various options presented for soil testing and remediation of the yards and alleys and that those estimates be brought forward for further study to a study session in early April. Bob Tift asked for clarification about possible assessments to the neighborhood. Mayor Dorfman responded that possible levels of assessments would be more clear following the presentation of options. Motion was seconded by Councilmember Flanagan. Motion passed unanimously. 8. RESOLUTIONS AND ORDINANCES a. Resolution of Approval,2200 Florida Ave S Resolution Number 97-27 City Council considered a variance appeal for H.J. Shotwell Companies(Arnie Bloomquist)to permit a side yard setback of 5 feet instead of the required 25 feet. Mayor Dorfman presented a note from Mr. Bloomquist stating that the H.J. Shotwell Company intends to comply with all applicable codes governing the addition to the building. Tom Powers, 2241 Hampshire Ave S thanked the Council for their time spent on this issue. His main concern is that the City maintain the housing stock in the neighborhood. He said that he felt H.J. Shotwell is willing to work with the neighborhood to deal with setback issues and buffer zones, and hoped that all companies worked with neighbors in a similar fashion. Mayor Dorfman said that staff would take a close look at this issue. Councilmember Young moved that Council adopt the Resolution of approval. Motion was seconded by Councilmember Brimeyer. Motion passed unanimously. b. Scope of Work-Transit Study City Council considered a request to approve a Scope of Work for consultant services associated with undertaking a transit feasibility study to identify transit needs and to explore options for 39 improved public transportation for the City of St. Louis Park including connections to the proposed Town Center area. Mayor Dorfman mentioned that the School Board is studying transit issues as they pertain to St. Louis Park students and hoped that the City and School District could work together to create a system that works for everyone. Councilmember Jacobs made a motion to approve the Scope of Work relating to a transit study for the City of St. Louis Park and authorize the Mayor and City Manager to execute a contract with LSA Design, Inc. Seconded by Councilmember Sanger. Motion passed unanimously. c. General Obligation Tax Increment Bond Issue Resolution Number 97-28 City Council considered the sale of combination taxable and tax-exempt general obligation tax increment bonds. Councilmember Jacobs indicated that the report given by Mr. Anderson at the EDA meeting was - very complete and made a motion to adopt a resolution rescinding Resolution No. 97-9 adopted on February 3, 1997 and providing for the sale of up to $25,000,000 combination taxable and tax- exempt general obligation tax increment bonds, series 1997. Seconded by Councilmember Brimeyer. Motion passed 6-1 with Councilmember Flanagan opposed. d. Easement Vacation - 1860 Parker Road City Council considered a property owner's request for an easement vacation at 1860 Parker Road due to the encroachment of a garage. Carlton Moore, City Engineer, indicated that staff recommended the property owner be granted this easement under an existing garage to satisfy the title company for the mortgage. There are no utilities located in the easement. Councilmember Young moved to approve first reading of an easement vacation ordinance for 1860 Parker Road, reducing a utility easement from ten(10) feet to four(4)feet in the areas of the existing garage, and set a March 17, 1997 Public Hearing date for consideration of the easement vacation petition and second reading of the easement vacation ordinance. Seconded by Councilmember Brimeyer. Motion passed unanimously. Councilmember Flanagan asked if property owners surrounding received notice. She also asked why the entire length of the easement was not vacated. Mr. Moore replied that the process is in compliance with the City Charter and State laws. e. City Engineer's Report: Cedar Lake Road-Park Place Boulevard to Quentin Avenue Road Reconstruction/Rehabilitation - Project No. 96-30 Resolution Number 97-29 City Council considered the Reconstruction/Rehabilitation of Cedar Lake Road from Park Place Boulevard to Quentin Avenue and recommends the City Council order the Project. 40 Councilmember Brimeyer asked how this would affect the City's MSA money. Mr. Moore responded that the information was included in the budget presented to Council. Councilmember Sanger asked why the project ended before going the full length of Cedar Lake Road where it ends at the Jewish Community Center. Mr. Moore responded that the remaining portion of the roadway had been reconstructed earlier and simply did not need it at this time. Councilmember Sanger moved to adopt the resolution accepting this report, establishing improvement Project No. 96-30, ordering Project No. 96-30, approving plans and specifications, and authorizing receipt of bids. Seconded by Councilmember Jacobs . Motion passed unanimously. f. Establishment of a Policy for the Private Use of Public Land Resolution Number 97-30 This report considered establishing a Policy for the consideration of requests for the Disposition or Private Use of Public Land. Councilmember Jacobs moved to adopt the resolution establishing a policy for the Disposition or Private Use of Public Land. Seconded by Councilmember Flanagan. Motion passed unanimously. *g. Authorization to advertise and receive bids for Granular Activated Carbon (GAC) 111 materials for Water Treatment Plant No. 4 Resolution Number 97-31 By consent, Council adopted the resolution allowing advertising and bidding for purchase of Granular Activated Carbon materials for Water Treatment Plant No. 4 *h. City Engineer's Report: Professional Services for Video Inspection and Analysis of the City's Sewer System -Project No. 97-14 Resolution Number 97-32 By consent, Council adopted the resolution establishing and ordering Project No. 97-14,the video inspection and analysis of the City's sewer system, and directing the solicitation of proposals for this work. *i. City Engineer's Report: Reconditioning of Municipal Well SLP 16,Project No. 97-15 Resolution Number 97-33 By consent, Council adopted the resolution establishing and ordering Project No. 97-15, approving plans and specifications, and authorizing receipt of bids for reconditioning of the well hole, the well casing, and the reconditioning or replacement of the well pump and pump appurtenances for municipal well SLP 16 located at 2012 Flag Ave. 41 j. Resolution authorizing reciprocity between the City of St. Louis Park and the City of Golden Valley for joint use of golf and aquatic facilities Resolution Number 97-34 Council was asked to approve a reciprocal arrangement with the City of Golden Valley (on a one- year trial basis) which would allow Golden Valley residents to purchase season passes for the new Rec Center family aquatic facility at the same rate and with the same benefits as St. Louis Park residents. In exchange, St. Louis Park residents will be allowed to purchase a patron card for Brookview Golf Course at the same rate and with the same benefits as Golden Valley residents. Mayor Dorfman informed Council that a corresponding action was taken by the Golden Valley City Council a few days earlier. Mr. Gears outlined some of the benefits of the agreement to Council. Mayor Dorfman asked if staff was looking at other reciprocal agreements with other communities. Mr. Gears replied that Minnetonka is interested in working out a similar arrangement for the use of the Williston Sports Center. Councilmember Flanagan asked if this would impact the ability of St. Louis Park residents to use - their own facility. Mr. Gears responded that this arrangement is proposed to exist for only one year and would be evaluated at the end of that time to determine the impact on our residents. Councilmember Jacobs asked how the rise in Recreation Center fees is accepted by the public. Mr. Gears replied that he had received only two calls and both not opposed to a fee increase. He also indicated that financial assistance is available for any resident that qualifies. Councilmember Latz asked how we would monitor who was attending. Mr. Gears responded that this would be tracked for season ticket sales, but not for daily admissions. Councilmember Latz moved to adopt the resolution authorizing staff to implement the terms of a reciprocal arrangement with Golden Valley on a one-year trial basis. Seconded by Councilmember Jacobs. Motion passed unanimously. 9. REPORTS FROM OFFICERS,BOARDS, COMMITTEES *a. Planning Commission Minutes from meeting of February 5, 1997 By consent minutes were accepted for filing. *b. Board of Zoning Appeals Minutes from meeting of January 23, 1997 By consent minutes were accepted for filing. 10. UNFINISHED BUSINESS-None 11. NEW BUSINESS i 42 a. Request for Lawful Gambling License Exemption The Minneapolis Heart Institute Foundation applied for authorization for an Exemption from lawful - Gambling License to hold a raffle on July 14, 1997 at the Minneapolis Golf Club Councilmember Jacobs moved to approve the Gambling License Exemption for the Minneapolis Heart Institute Foundation and waive the 30-day waiting period. Seconded by Councilmember Young. Motion passed unanimously. *b. 1997 Dutch Elm Disease Tree Removal Bids By consent, Council designated Emery's Tree Service, Inc. as the lowest responsible bidder,and authorized execution of a contract for the 1997 Dutch Elm Disease Tree Removal Program in an amount not to exceed$66,296.95. c. Rec Center Renaissance Change Orders Council was asked to approve change orders to contracts previously approved for: Swimming and slides (bid categories C31, C32 & C33); electrical work(bid category C30). Mr. Gears indicated that these change orders were incorporated into all revised budgets and are planned expenses. Councilmember Jacobs moved to approve and authorize execution of change orders for the Rec Center Renaissance as identified in the staff report. Seconded by Councilmember Brimeyer. Motion passed unanimously. d. Rec Center Renaissance: Award for Bid category C3 -(Landscaping and Irrigation) Council was asked to designate the lowest responsible bidder for landscaping and irrigation work in conjunction with the Rec Center Renaissance project. Councilmember Jacobs moved to designate North Metro Landscaping, Inc. as the lowest responsible bidder for landscaping and irrigation, and to authorize execution of a contract in an amount not to exceed $197,640. Seconded by Councilmember Sanger. Motion passed unanimously. 12. MISCELLANEOUS-None 13. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS *a. Verified claims By consent claims were approved and payment authorized. *b. Contract payments By consent council adopted Resolution Number 97-25 authorizing payment for the following contract: 43 CONTRACTOR PROJECT NO. CONT NO. AMOUNT Northwest Asphalt Inc. 95-06 4035 40,080.68 By consent Council authorized the following partial contract payments: Rec Center Renaissance Contract Payments; CONTRACTOR PROJECT NO. CONT NO. AMOUNT Anderson Iron Works, Inc. C6.1 4099 $ 3,052.35 Bartley Sales Co, Inc C19,20, 22 4112 $ 4,655.00 Brent Anderson Assoc. C8 4106 $ 18,257.29 George F. Cook Construction C7 4104 $ 24,695.06 Gorham-Oien Mechanical C27& C29 4110 $ 118,750.00 Grazzini Brothers& Co. C14.1 4122 $ 14,976.75 LeJeune Steel Co. A3 4079 $ 12,787.00 Maertens-Brenny Const. C4 & C5 4094 $ 175,562.72 Premier Ice Rinks 4097 $ 46,550.00 Ridgedale Electric, Inc. C30 4096 $ 160,645.00 Spancrete Midwest Co. Al &A2 4080 $ 34,997.43 Wanzek Construction C31, 32, 33 4114 $ 16,625.00 14. COMMUNICATIONS Mayor Dorfman congratulated everyone who worked on the Home Remodeling Fair for a job well done. 15. ADJOURNMENT Councilmember Jacobs moved to adjourn the meeting. Seconded by Councilmember Brimeyer. Meeting adjourned at 10:20 p.m. Mayor Gail Dorfman I . of ynthia D. Larsen Recording Secretary 44