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HomeMy WebLinkAbout1997/04/07 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA April 7, 1997 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Mayor Dorfman read a proclamation honoring those receiving Caring Youth awards for their public service work. 3. Roll call The following Councilmembers were present: Jeff Jacobs (present for items 6a, 6b, 7b & 8i only), Beverly Flanagan, Susan Sanger, Ron Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman. Also present were City Manager(Mr. Meyer); City Attorney (Mr. Scott); Deputy City Manager (Ms. Kutzler); Director of Community Development (Mr. Harmening); Economic Development Coordinator(Mr. Anderson); Director of Parks and Recreation(Mr. Gears); Director of Public Works (Mr. Rardin); Finance Director(Ms. McBride); Asst. Finance Director(Mr. Felton); City Clerk(Ms. Larsen); Planning Coordinator(Ms. Erickson); Director of Inspections (Mr. Petersen). 4. Approval of minutes of City Council meeting March 17. 1997: There being no corrections/additions, the minutes were approved as presented. 5. Approval of agendas for April 8. 1997 Consent agenda: It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0. Agenda: It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. PUBLIC HEARINGS 6a. New premises permit for the Major League Baseball Players' Alumni Association to provide Class B lawful g.ambling at Al's Liquor Resolution 97-40 53 Frank Quilici, representing the Major League Baseball Players' Alumni Association, explained the work of the Association relative to youth playing recreational softball. 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 Flanagan, to adopt Resolution 97-40 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for lawful gambling for Major League Baseball Players Alumni Association." The motion passed 7-0. 6b. Case No. 97-2-ZA - Zoning Ordinance Amendments Review of proposed Zoning Ordinance amendments as proposed by Planning Commission. Ms. Erickson said most of the amendments were of a housekeeping nature; however, several are requested by the Board of Zoning Appeals. Amendments were proposed to the following sections of the Zoning Ordinance: Garages; Height Limitations; What is a Buildable Lot in St. Louis Park; Land Use Description for Sexually-Oriented Businesses. Gregory Martin, 5719 Goodrich Ave., wants to expand garage capacity behind his duplex so that he and his tenant would be able to have off-street parking. They had gone through the variance process, and he said staff felt it made sense in the R-3 district to amend the Zoning Ordinance accordingly. 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 if, in the Garage section, would the amendment require that two garages be built. He asked what was the purpose of that rather than allowing one large building which could accommodate four vehicles. Councilmember Latz felt that imposed substantial additional costs to the homeowner to build two structures. He would think additional costs would have to be balanced against aesthetic considerations. He did not see any analysis of this in the report and wondered if BOZA had looked at that aspect. Councilmember Sanger felt if there was sufficient distance between two structures, it would look more in scale with the residence. It didn't seem right to call structures separate if they were indeed side-by-side separated by a firewall. She felt some specified amount of space should be required, in this case between the garages, or else as Councilmember Latz suggested, build one building. 54 • Councilmember Young agreed and felt this could be accomplished by changing the language from"800 sq. ft to 1200 sq. ft." Mayor Dorfman asked Ms. Erickson if the language were changed to allow one structure to house four vehicles, what would be the minimum size. Ms. Erickson said that if the Council wanted to do away with the requirement for two buildings. strike the phrase "maximum of 800 sq. ft. in one building" . She suggested staff could look at an amendment which would just look at roof lines or state the building could not have one continuous roof line. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve the first reading and set second for April 28, 1997 and have staff return with the additional information as discussed. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Approval of proposed Citizens Cable TV Advisory Commission bylaws By consent, Council approved the proposed Citizens Cable TV Advisory Commission bylaws. 7b. Variance appeal: 2815 Joppa Ave. Jacquelyn Ingersoll, 2815 Joppa Ave. S., the property owner, spoke on behalf of the potential buyers of her home. They were seeking a floor area ratio of 45% instead of the maximum 30%.. They desire to place a 1,200 sq. ft addition onto the existing house which would result in an increased floor area ratio. Ferda Olson, 2801 Joppa Ave. spoke in support of the variance. She said she had heard no opposition to the variance. Adinah Kutoff, 2625 Raleigh Ave. spoke and briefly discussed their need for the proposed addition. Councilmember Sanger did not believe the proposed addition will in any way look offensive, that it will fit into the neighborhood and the homes that surround it. She felt BOZA made the appropriate decision based on the criteria for granting a variance. It was moved by Councilmember Sanger, seconded by Councilmember Flanagan, to overturn the decision of BOZA and grant the variance as requested by the Kutoffs and to bring to the April 28, 1997 Council meeting a resolution granting the variance including findings. 55 Mayor Dorfman said she had heard of a resident on Inglewood opposing this variance , and raised the issue of notification to the community. She asked the Director of Inspections for clarification on the two phases of notification. Mr. Petersen explained there were two separate notifications: the first sent out on the 5th of March notifying recipients of a public hearing before the Board of Zoning Appeals; the second mailing went out April 3 directly after staff received a request for an appeal to BOZA's decision. There is no minimum amount of time the City must notify adjacent residents; there is a maximum time of 30 days. Holding off until Council's next meeting on April 28 was cutting it very close to the 30-day period. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Renewal of Class A Lawful Gambling Premises Permit for the Knights of Columbus Council 3949 at 6900 Oxford St. Resolution 97-41 It was moved by Councilmember Flanagan, seconded by Councilmember Brimeyer, to adopt Resolution 97-41 entitled"A resolution of the St. Louis Park City Council approving issuance of a premises permit for lawful gambling for Knights of Columbus Council 3949." The motion passed 6-0. 8b. St. Louis Park's HOME RENEWAL Program Resolution 97-42 It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to adopt Resolution 97-42 entitled"Resolution approving the Home Renewal Program guidelines authorizing implementation by the Housing Authority of St. Louis Park and authorizing the Mayor and City Manager to execute a CDBG Third Party Agreement with the Housing Authority of St. Louis Park." The motion passed 6-0. 8c. Easement acquisition payments for Excelsior Blvd. Streetscape: Project 96-22 Resolution 97-43 In answer to a question from Councilmember Brimeyer, Mr. Moore said these are properties with which the City has reached settlement. The condemnation proceeding is still in process, and as properties are settled henceforth, the attorney is grouping them to come to Council rather than one at a time. 56 It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt 111 Resolution 97-43 entitled Resolution authorizing payment for Excelsior Blvd. easement acquisition from Monterey Drive to France Ave., Project 96-22." The motion passed 5-0 (Councilmember Young absent from chambers) 8d. Special Service District#2 Resolution 97-44 Mr. Anderson said at the next study session it is proposed that funding options be discussed. Councilmember Sanger had no problem with creation of a Special Service District, but once again the issue of plowing of private residential sidewalks and City involvement came up. She wanted to revisit this item particularly as to the inconsistent treatment wherein some residents' sidewalks are plowed for free while others have an obligation to clear their own. She suggested having the hearing on the Special Service District without addressing the snow plowing issue since it won't have to be dealt with for about 6 months. Councilmember Brimeyer suggested proceeding with the public hearing and continue to crunch the numbers. It was moved by Councilmember Brimeyer, seconded by Councilmember Flanagan, to adopt Resolution 97-44 entitled Resolution relating to proposed Special Service District and imposition of a service charge and calling a public hearing." The motion passed 6-0. 8e. Victoria Ponds minor amendment to Conditional Use Permit and Final Plat of Victoria Ponds 2nd Addition Resolutions 97-45 and 97-46 Ms. Erickson explained that encroachment on easements would strictly be those kinds of things that would be above ground like roof overhangs, bay windows, etc. Staff is proposing to add a condition to the CUP which would allow the Zoning Administrator to make a decision whether or not to allow the encroachment based upon whether it would jeopardize the easement itself in any way. It was moved by Councilmember Latz, seconded by Councilmember Young, to adopt two resolutions: (1) Resolution giving approval for Final Plat of Victoria Ponds 2nd Addition with certain variances to the platting requirements; and (2) A resolution amending Resolution 96-118 adopted on August 5, 1996 granting Conditional Use Permit under Section 14:5-4.4(D)(1) of the St. Louis Park Ordinance Code relating to zoning to permit cluster housing consisting of 72 townhomes for property zoned R-3 Two Family Residence District for property previously known as 2631 Virginia Ave. So." 57 The motion passed 6-0. 8f. Resolution adopting restriction on the transfer or division of land Resolution 97-47 It was moved by Councilmember Sanger, seconded by Councilmember Flanagan, to adopt Resolution 97-47 entitled "Resolution adopting restrictions on the transfer or division of parcels of land." The motion passed 6-0. 8g. Second reading of ordinance revising the Franchise Agreement with Minnegasco Ordinance 2089-97 It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt the ordinance, approve summary and authorize its publication. The motion passed 6-0. 8h. Merchant Card Payment Program Resolution 97-48 Councilmember Sanger asked that since the City would incur a fee for allowing residents to use credit cards, would any existing fees be raised in order to compensate for the administrative fee of the credit card companies. Mr. Felton said staff will be evaluating the program for six months and thereafter make a determination re raising of fees. It was moved by Councilmember Young, seconded by Councilmember Latz, to adopt Resolution 97-48 entitled"Resolution authorizing an agreement between the City of St. Louis Park and Park National Bank." The motion passed 6-0. 8I. Resolution awarding the sale of$7 million in General Obligation Tax Increment (Tax Exempt) Bonds; Resolution 97-49 Resolution authorizing negotiated sale of$13 Million General Obligation Tax Increment(Taxable) Bonds and the negotiation of related services for the servicing of the bonds Resolution 97-50 Ms. McBride gave a brief overview of the item. 58 Robert Ehlers, Jr. explained the bidding process and its results. 111 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer to adopt Resolution 97-49 entitled"Resolution accepting an offer for the sale of$7,000,000 General Obligation Tax Increment Bonds, Series 1997A, and providing for their issuance." The motion passed 6-1 (Councilmember Flanagan opposed). It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 97-50 entitled "Resolution authorizing the negotiation of related services in connection with, and providing for the sale of$13,000,000 taxable General Obligation Tax Increment Bonds Series 1997B." The motion passed 6-1 (Councilmember Flanagan opposed). 8j. Wolfe Park detention pond construction Resolution 97-51 It was moved by Councilmember Young, seconded by Councilmember Latz, to adopt Resolution 97-51 entitled "Resolution pertaining to the construction of a stormwater retention/detention pond in Wolfe Park." The motion passed 6-0. 8k. Resolution authorizing reciprocity between the City of St. Louis Park and the City of Minnetonka for joint use of athletic and aquatic facilities Resolution 97-52 It was moved by Councilmember Flanagan, seconded by Councilmember Young, to adopt Resolution 97-52 entitled"Resolution authorizing reciprocity between St. Louis Park and Minnetonka for joint use of athletic and aquatic facilities." The motion passed 6-0 81. Variance request: Japs-Olson Company request for 360 foot driveway apron on Meadowbrook Road Resolutions 97-53 and 97-54 It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to adopt two resolutions: (1) Resolution granting variance from City Ordinance Section 6-123 requiring 30 ft. maximum driveway width; and (2) Resolution rescinding Resolution 87-143 and authorizing parking restrictions along the east side of Meadowbrook Rd." The motion passed 6-0. 59 REPORTS FROM OFFICERS,BOARDS, COMMITTEES 9a. Minutes: Board of Zoning Appeals meeting of February 27, 1997 By consent, the minutes were received for filing. UNFINISHED BUSINESS 10a. Report on petition from the Committee for a Risk Free Neighborhood Alternatives for addressing lead issues Mr. Petersen presented an overview of staff's report for Council. He said Zone One of the Elmwood neighborhood contacted the City and requested that 6 specific action steps be taken to minimize the exposure of the residents to the lead which had been identified. Four of the issues have been addressed; the two remaining involve the gravel alleys and to address testing and subsequent remediation, if necessary, of the residential properties in the Zone. The Department of Health has released its report on this matter and it has been made public. He said the report states that the MN Department of Health and the MPCA take the position that the amounts of lead in the alleys and the amounts of lead identified on private property do not justify remediation or paving. Also lead levels on private property are below the standard currently in effect, and there are more efficient and effective methods of reducing exposure to lead. The following residents addressed Council: Jody Wilson, 3758 Colorado; Bob Tift, 3800 Brunswick Ave. So.; Jess Ford, 6215 Oxford St.; John Heitzinger, 3828 Joppa Ave.; Mary Hendrix, 3750 Brunswick Ave S.; John Basill, 6208 Oxford St.; Kim Burgoyne, 6018 Goodrich Ave; Eric Knutsen, 3754 Brunswick Ave. Among the comments were: Alleys should be paved, but the residents should not be assessed as they did not cause this problem; lawns with lead levels above 300 ppm should be resodded; the long-term financial implications to the City by not addressing these problems; potential perception of St. Louis Park as a polluted city and the ramifications of that; concerns about the investigation/testing/reporting done by MN Department of Health and the MPCA. Mayor Dorfman said most people know St. Louis Park has a reputation for addressing its brownfield problems very directly and have spent millions of dollars in this effort. She alluded to the effort and millions of dollars expended in cleaning up the former Reilly Tar& Chemical site at Louisiana and Hwy. 7 and the Park Nicollet site at Excelsior Blvd. and Hwy. 100. She said the City has gone beyond what many other cities have done to ensure a safe community for its residents. Councilmember Flanagan believed the Council had already indicated that it would participate in the costs of remediation and she moved and Councilmember Brimeyer seconded that the City pay 100% of the remediation costs and approve staff's recommendations as listed in its report. 60 Councilmember Brimeyer discussed some funding options and requested the staff work with the neighborhood on this. He also cautioned about setting a precedent for similar problems arising in the future. Mr. Meyer, referencing the alley assessment policy, said that policy -- adopted in 1971 -- was felt to be a fair way of assessing alley costs. He said other costs -- street repair, curb/gutter etc. -- are assessed at different rates. The Council can set a different policy for Elmwood should they wish to do so. The ultimate test is that if the Council assesses back some of the costs, there is a petition process that can be brought by people choosing to challenge the assessment, putting the City in the position of having to prove that the properties were benefited. Councilmember Sanger expressed several concerns: There was no mention made as to who caused this problem, presumably National Lead. She did not understand why the neighborhood declined to take the steps to help themselves over the past several years to go after NL to seek compensation to cover the costs. She could not see taking tax revenue to pay for the alley work and lawn work which are a private benefit to the residents. Also of concern was setting of a policy to address a problem which she believed potential, not substantiated, at this point and questioned would not any property owner who caused hazards look to the City for reimbursement for costs to nearby residents the next time there was some sort of pollution. She did not want to encourage property owners not to be responsible in addressing pollution problems that might occur on their private property. She could not support the City underwriting this remediation. Attorney Scott, addressing setting precedent from the legal standpoint, said it was not a legal precedent, but rather a policy precedent. Councilmember Brimeyer noted that in both cases -- Reilly and NL -- settlement had been reached with all affected parties having signed off on the agreement. Going back at this point to seek reimbursement appeared not very feasible. Councilmember Sanger also was concerned about innuendoes relative to the testing and reporting by the various agencies. She would base her conclusions on what the Health Department has told the City. Councilmember Brimeyer agreed, feeling that as a risk issue, it was more of an emotional or intellectual issue rather than scientific. Councilmember Young asked (1) what is the total cost being proposed in the motion; and (2) for the past 26 years, residents have paid by assessment for alley paving. 71 neighborhoods in the City have petitioned for paving and have paid, and making an exception for a neighborhood was of concern to him. He was opposed to setting this kind of precedent. Mr. Petersen said there were a lot of unknown numbers as the total number of yards needing remediation is an educated guess. Staff is figuring on a range of$250,000-$300,000. 61 Councilmember Latz had two questions: (1) the figure of$4,000-$8,000 per parcel as the cost for remediation of the yards-- is this for testing and remediation?and (2) could he have a breakdown of the $4,000-$8,000 per parcel for remediation -- does this involve soil and seed, soil and sod -- what does that cover? • Mr. Petersen said firstly the cost is for remediation only. The $4,000 is based on atypical 6,000- 7,000 sq. ft. parcel. This figure would be for removal and replacement of sod. Seeding figures are not available until further discussions with a landscape company. The higher end figure is an estimate based on disposal of whatever is scrapped up from a parcel and taken to a hazardous waste site. Councilmember Latz asked what was the basis for concluding that simply regraveling the alleys will not be sufficient to remediate the problem. Councilmember Brimeyer said that even though there is probably no lead in the dust after re- graveling, scientifically speaking; however, intellectually and emotionally there is lead. Councilmember Sanger asked Mr. Petersen if the remediation were to be undertaken, would it result in the destruction of any landscaping/vegetation currently on the property. Mr. Petersen said this would depend on the skill of the landscaper in removing soils -- always a risk when working around mature trees. The City's position is that this is a risk of the homeowner in that the City would not perform the work. Councilmember Young asked if the alley were concrete, wouldn't there still be a lot of dust raised. Mr. Petersen said there is always dust, but it would be greatly reduced. Mayor Dorfman supported the proposal in staffs report in terms of actions that could be taken. The only question remaining for her was the issue of assessment on the alleys. She was willing to consider a different approach to the assessment policy in effect for 26 years. She was amenable to looking at sharing in the costs of the paving. Councilmember Brimeyer said Council needs to ask itself what it wants the results to be. It would seem what is important is get rid of an environmental issue --part of doing that is testing, part of that is soil replacement, part of that is eliminating the dust issue or reducing it substantially. Two-thirds of the solution is before Council, i.e. testing and soil removal/replacement. Unresolved is the part about the City picking up 100%of the alley paving which he was not willing to do. He suggested staff provide Council with a formula for the City's participation in costs. Councilmember Brimeyer asked to amend Councilmember Flanagan's motion to include a request for staff to work with the neighborhood to come up with some creative financing options. This was acceptable to Councilmember Flanagan. 62 In answer to a question from Councilmember Sanger, Councilmember Brimeyer said what he is talking about is getting to a result, i.e., undergo testing, do soil remediation and pave the alleys. Staff and the neighborhood will work out the numbers. Councilmember Sanger felt the motion to be too vague at this point. She sought more specific numbers, percentage of participation by the City and the neighborhood, etc. Councilmember Young wanted the split on alley paving settled this evening and could support City/neighborhood 30/70 after administrative and engineering costs which the City would pick up. Mr. Meyer said that after talking with the Director of Public Works he noted that after the City absorbs the considerable engineering costs associated with small projects like this, we're looking at roughly a 50/50 split between the residents and City. If the Council says the City is going to absorb the engineering/administrative costs and split the actual contract costs 30/City, 70/residents, that gives staff enough to work on to bring back a policy back to Council. Councilmember Flanagan amended her motion to the effect that the alley paving be assessed to the neighborhood at 50% of the total alley paving costs. This was acceptable to Councilmember Brimeyer. Councilmember Sanger asked what was the funding source. Mr. Meyer said he would like a chance to study that and return to Council. He would probably first look at the Development Fund. It is not in a TIF District but is in the improvement area. The motion passed 5-1 (Councilmember Sanger opposed; Councilmember Jacobs absent from the chambers). 10b. Bid tabulation: Compact utility vehicles By consent, Council designated Superior Ford the lowest responsible bidder for three 4x4 compact utility vehicles and authorized execution of a purchase agreement in the amount of $77,931. 10c. Bid tabulation: Reroof and energy upgrade to Municipal Service Center By consent Council designated B&B Sheet Metal and Roofing as the lowest responsible bidder for reroofing and energy upgrades to the Municipal Service Center and authorized execution of a contract in the amount of$199,740. 10d. Bid tabulation: Purchase of granular activated carbon By consent, Council authorized execution of a contract with Norit Americas for the purchase of GAC in the amount of$38,326. 63 10e. Bid tabulation: Reconditioning of Municipal Well SLP 16,Project 97-15 By consent, Council designated T L Stevens Well Co as the lowest responsible bidder and authorized execution of a contract in the amount of$29,352. 10f. Bid tabulation: Excelsior Blvd Streetscape street light equipment purchase, Project 96-35 Resolution 97-56 By consent Council adopted Resolution 97-56 entitled"Resolution accepting bid and authorizing execution of a contract for-the purchase of street lighting poles and fixtures for the Excelsior Blvd Streetscape from Monterey Dr. to France Ave., Project 96-35. 10g. Bid tabulation: Water Reservoir No. 1 roof replacement, Project 96-18 By consent, Council designated TMI Coatings as lowest responsible bidder for Water Reservoir No. 1 roof replacement and authorized execution of a contract for$223,000. NEW BUSINESS lla Request for lawful gambling license exemption: Rise, Inc. to hold raffle on June 9, 1997 It was moved by Councilmember Flanagan, seconded by Councilmember Sanger, to approve the gambling license exemption and waive the 30-day waiting period. The motion passed 6-0. 11b. Request for lawful gambling license exemption: Leukemia Society of America to hold raffle June 13, 1997 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve the gambling license and waive the 30-day waiting period. The motion passed 6-0. 11c. 1997 Arbotect injection contract By consent, Council designated Rainbow Tree Care as lowest responsible bidder and authorized execution of a contract at a cost of$7.10 per diameter inch. lld. Rec Center Renaissance change order 64 It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to approve and authorize execution of a change order with Maertens-Brenny Construction for concrete and masonry work in the amount of$31,075. Councilmember Brimeyer asked that a report on all change orders for the Rec Center be brought to the next study session. The motion passed 6-0. lle. Setting City Manager's salary for 1997 Resolution 97-55 It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger,to adopt Resolution 97-55 entitled "Resolution establishing City Manager's 1997 salary." • The motion passed 6-0. MISCELLANEOUS No business. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, the list of vendor claims prepared by the Director of Finance dated April 7, 1997 was approved and payment authorized. 13b. Contract payments Rec Center Renaissance Contract payments Spancrete Midwest Co. $ 4,959.95 Maertens-Brenny Construction 133,616.83 Anderson Iron Works 1,172.30 George F. Cook Construction 8,895.90 Empirehouse 43,182.25 Bartley Sales 1,208.40 Bartley Sales 494.95 Becker Arena Products 91,058.45 Premier Ice Rinks 53,187.65 Gorham-Oien Mech 86,327.45 Ridgedale Electric 93,968.30 Wanzek Construction 66,951.25 65 By consent, contract payments were approved and payment authorized. COMMUNICATIONS 111 14a. From the Mayor-No communications 14b. From the City Manager - Mr. Meyer expressed his appreciation to the Council for their continued support during his tenure with the City of St. Louis Park. 15. Adjournment- the meeting adjourned at 10:45 p.m. bi622,-4 Mayor Gail Dorfman Cr":"4"---;—• jo.–..–it-s)--„ Cynthia D. Larsen, Recording Secretary 11 66