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Home My WebLink About1998/12/07 - ADMIN - Minutes - City Council - Regular lisT. CITY OF LOUIS Item#4a OFFICIAL MINUTES ARK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 7, 1998 1. Call to Order Mayor Gail Dorfinan called the meeting to order at 7.33 p m. 2. Presentations 2a. Human Rights Award Mayor Dorfman read the Preamble to the St Louis Park Home Rule Charter. She stated that in presenting this award the City is reaffirming these words and celebrating the wonderful diversity that makes up St Louis Park, our community of many customs and cultures. She stated that the Human Rights Award honors individuals in our community who make outstanding contributions, because there are many people doing many things, but tonight we honor an individual who makes outstanding continual contributions toward increasing the understanding between individuals. Laurel Higgins, Chair of the Human Rights Commission welcomed those present and briefly reviewed the selection process. Linda Trummer, Merril Page, Mike Rice and Sergeant Ward Dohman along with students Rebekah Kirmsse, Sara Hamilton, and Chantha Samrith, were present and expressed their appreciation for Eileen Soderberg's contribution, presence in the neighborhood, and the respect she shows to every student and staff. In honor of the 50th anniversary of National Human Rights Day, December 10th, Mayor Dorfinan presented on behalf of the Human Right Commission and City Council, the Human Rights Award to Eileen Soderberg in recognition of her outstanding community commitment. 3. Roll Call The following Councilmembers were present Jeff Jacobs, Chris Nelson, Sue Sanger, Ron Latz, Jim Brimeyer, and Mayor Gail Dorfman Also present were the City Manager(Mr. Meyer), City Attorney(Mr. Scott), Director of Community Development (Mr Harmening); Planning Associate(Ms Peterson); Financial Director(Ms McBride), and Bruce Stepnick, City Assessor. 4. Approval of Minutes 4a. City Council Meeting of November 16, 1998 The minutes were approved as presented 4b. Study Session Meeting of November 9, 1998 Page 18, Item I, Paragraph 4, Add to Councilmember Nelson's comments: we should have a clear policy established so that are comprehensive plan is actually being followed and we wouldn't have a conflict with the comprehensive plan Option 5 was this combined with making specific findings for this particular site so that it fit in with our Comprehensive Plan and made some sense for this particular site. 4c. Study Session Meeting of November 23, 1998 Page 24, Item 4, Paragraph 3, Add to Councilmember Sanger's comments: she also indicated that garbage costs were premised on the use of the biobags. Page 23, Item 3, Paragraph 2, Add to Councilmember Sanger's comments: the reason for stepping in was specifically because it appeared that the properties could be sold without the City's assistance. 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda with the removal of Item 8f The motion passed 6-0. b. Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda The motion passed 6-0. c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances. 6. Public Hearings 6a. Public Hearing on the 1999 Proposed Budget and Tax Levy A slide presentation with outline of 1999 Proposed Budget and Property Tax Levy was presented. Mayor Dorfman stated that in the past this hearing had been held separately from a regular Council meeting, but new legislation called for the hearing to be held in conjunction with the regular meeting She briefly reviewed the process of budget development and highlighted some of the major initiatives and accomplishments that occurred over the past year. She stated that the City encourages citizen involvement at all levels as we move forward with different policy considerations. She encouraged citizens to serve on advisory Boards and Commissions Mr. Meyer, City Manager, explained how City government was financed and stated that revenues were received from property taxes, federal and state aid, utilities and charges for services. He explained the specifics of the property tax portion of the financing. In summary, he stated that after the City has determined what fees can be established for all items the balance of the bill is the property tax which the State Legislature decides how to divide Ms McBride, Director of Finance presented an overview of the 1999 proposed budget. Mr. Stepnick, City Assessor presented information on property taxes, property assessments, and market value trends He noted that there is a new program which begins in 1999 for a Senior Citizen Tax Deferral and information can be obtained by calling the Department of Revenue at 296-3781 or by calling Mr Stepnick at 924-2536 Allen Allis of the Inglewood Neighborhood stated that he would be happy if his tax bill went down in the amount that it cost the City to mow the grass in the neighborhood park during the dry spell this summer The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. 6b. Conditional Use Permit and Utility Easement Vacation 5101 Minnetonka Boulevard Case Nos. 98-37-CUP and 98-38-VAC Resolution # 98-161 Ms Peterson, Planning Associate, presented a staff report and recommended approval of the Conditional Use Permit and vacation of utility easement subject to the conditions outlined in the staff report Steve Young, President of Young Architects, was present to answer questions. He expressed his appreciation of Planning staff and BOZA Commissioners for their work on this project. He presented sketches and floor plans of the proposed property The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. Councilmember asked if consideration was given to the livable community principle of developing retail as close to the front street as possible and avoid having parking in front. Mr Young indicated that Raleigh Avenue was the front street and the basis of the establishment with the Planning Department Councilmember Brimeyer complimented the design of the property He asked if a decorative stucco fence could be considered instead of reducing the size of the building to accomplish the landscaping to the south of the building Mr. Young indicated that a wall was considered early in the plan, but the grade and cost were an issue. Councilmember Brimeyer asked if Mr Young was aware of what type of commercial retail uses were being contemplated Mr Young stated that parking use was considered and development would include a coffee shop, sit down restaurant and neighborhood retail Councilmember Sanger thanked the architect for the unique design and for incorporating some of the livable community principles She asked if the movement of the utilities were going to be at the developers expense Ms. Peterson indicated that movement would be at the developers expense Councilmember Nelson believed it was a classy design and a good addition to the ward. He inquired about the projected rental rates Joshua Ahrens, Park Land Company indicated that the rental range would be from $800-$1600. Councilmember Nelson asked what kind of assistance from the City to the developer for remediation costs were anticipated Mr Harmening, Director of Community Development indicated that only preliminary discussions have occurred Councilmember Nelson stated that he hoped that remediation could be done without tax increment financing based on the burden that is already on the Planning Department and recently a developer at a different location who was looking for that mechanism was turned away. Councilmember Nelson asked why Raleigh Avenue was considered the front street. Ms Peterson stated that the definition in the zoning ordinance was that when there are two street frontages, the street with the narrowest frontage was the front street. Councilmember Nelson asked if any member of the public appear at the BOZA meeting concerned about height of building Ms. Peterson stated that she believed that no concerned residents were present Councilmember Latz expressed his support for the use of a retaining wall to accomplish more intense use of development It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to adopt a resolution approving the Conditional Use Permit, subject to conditions included in the resolution. The motion passed 6-0. It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to approve First Reading of an ordinance vacating a utility easement and to set second reading for December 21, 1998. The motion passed 6-0 6c. Amendments to the Subdivision Ordinance and Zoning Ordinance Case No. 98-32-SO/ZA Ms Peterson, Planning Associate presented a staff report and recommended approval of the amendments to the Subdivision Ordinance and Zoning Ordinance as outlined in the staff report. The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve First Reading of an ordinance amending the Subdivision Ordinance and Zoning Ordinance and to set Second Reading for December 21, 1998. The motion passed 6-0 6d. Public Hearing for Transfer of Liquor Licenses and Resolution of approval for Liquor license renewals for 1999 The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve the liquor license transfer. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve renewal of licenses on the attached list of establishments. The motion passed 6-0. 7. Petitions, Requests, Communications -None 8. Resolutions and Ordinances 8a. Second Reading of the Zoning Code Text Amendment Case No. 98-31-ZA Ordinance# 98-2130 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to waive second reading, adopt ordinance, approve summary ordinance and authorize publication The motion passed 6-0 Councilmember Sanger asked if staff was aware of when the issue of possibly adding in some kind of caps to parking would be discussed Mr Harmening indicated that discussions were planned for early 1999 8b. Second Reading of Amendments to the Zoning Ordinance Case No. 98-9-ZA Ordinance#98-2031 It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to approve Second Reading of the proposed ordinance and authorize publication. The motion passed 6-0. 8c. 1999 Major Equipment Purchases Resolution # 98-162 By consent, Council moved to adopt the resolution which accepts this report and authorizes staff to acquire equipment scheduled for replacement in 1999 as allowed by Statute, Charter, or Ordinance. 8d. First Reading of the Ordinance Amending Water& Sewer Utility Rates for 1999 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to waive first reading and set second reading for December 21, 1998. The motion passed 6-0. Council briefly discussed the status of flood control projects. 8e. Request for a 90-day extension to record final plat for Excelsior Townhomes I/ 7100-7102 Excelsior Boulevard Resolution # 98-163 By consent, Council adopted a resolution amending Resolution No. 998-130, granting 90 day .. extension for filing of final plat. 8f. Bias/Hate Crime Plan Resolution # 98-164 Councilmember Nelson asked the Chair of the Human Rights Commission to give a brief overview of response plan. Laurel Higgins, Chair of Human Rights Commission explained the response plan Councilmember Nelson asked the City Attorney to comment on the liability issue if staff or Commissioners did not follow policy. Mr Scott stated that he had reviewed the policy and didn't see anything significant from a liability standpoint. Councilmember Latz encouraged the Human Rights Commission to make suggestions as responses were evaluated so that Council can take them to the appropriate legislative level to make improvements in the statutory scheme that governs this area. It was moved by Councilmember Sanger, seconded by Councilmember Latz, to adopt the resolution. The motion passed 6-0 8g. Extension for submitting Comprehensive Plan to the Metropolitan Council Resolution #98-165 By consent, Council adopted resolution 8h. Traffic Study No. 537: Request to change existing yield signs to stop signs on Flag Avenue at W. 34th Street Resolution # 98-166 By consent, Council adopted the attached resolution rescinding resolution No. 5073 and authorizing the installation of stop signs on Flag Avenue and W. 34th Street 8i. Resolution Renewal Revoking Municipal State Aid (MSA) Route No. 289 Resolution # 98-167 By consent, Council adopted the attached resolution revoking Wayzata Boulevard -MSA Route No. 289 8j. Consultant Services - Reilly Tar& Chemical Corporation Related Activities Resolution # 98-168 By consent, Council adopted the attached resolution authorizing execution of a contract with ENSR Consulting and Engineering for consultant activities related to the implementation of the Reilly Tar& Chemical Corporation Remedial Action Plan for 1999. 9. Reports from Officers, Boards, Committees a. Human Right Minutes of September 16, 1998 By consent, Council accepted report for filing. b. Housing Authority minutes of October 14, 1998 By consent, Council accepted report for filing c. Planning Commission Minutes of November 4, 1998 By consent, Council accepted report for filing d Vendor Claim Report By consent, Council accepted report for filing. 10. Unfinished Business 10a. Board and Commission Appointment(s) - None 11. New Business lla. Bid Tabulation: One (1) 1999 Heavy Duty Cab Chassis Truck By consent, Council moved to designate North Star International Tucks the lowest responsible bidder for one (1) 1999 Heavy Duty Cab Chassis Truck and authorize execution of a purchase agreement with North Star International Trucks in the amount of$38,219 24. 11b. Contract Extension for Reilly Tar& Chemical Corporation Laboratory Services- Contract No. 1893 By consent, Council moved to authorize execution of a contract extension to Contract No. 1893 with Quantera Environmental Services for laboratory services related to the Reilly Tar& Chemical Corporation groundwater sampling program through 1999. 11c. Amendment to the contract adjusting the hourly rate By consent, Council moved to amend City Attorney's contract to increase the hourly rate from $100 to $110 per hour for attorney services and from $60 to $65 per hour for law clerks and paralegals effective January 1, 1999. 12. Miscellaneous -None 13 Claims, Appropriations, Contract Payments a. Contract Payments Resolutions 98-169, 98-170, 98-171 FINALS Midwest Asphalt Corporation $ 42,792 91 Shelard Parkway/Ford Road/Ford Lane Contract No 17-98 Ron Kassa Construction, Inc $ 10,885.93 Alley Paving Contract No. 58-98 Visu-Sewer Clean& Seal, Inc. $ 68,600 00 30" Sanitary Sewer Rehabilitation- JCC Contract No. 62-98 By consent, Council adopted the resolution PARTIALS Hardrives, Inc $ 128,537 86 Construction. of Excelsior Blvd., Phase II - Contract No. 14-98 Ron Kassa Construction, Inc $ 73,566 24 Random Concrete Repair Contract No 61-98 Thomas& Sons Construction, Inc $ 20,116.25 Concrete sidewalk and street lighting Contract No 47-98 LeadCon, Inc $ 57,000 00 W 42nd St/Zarthan Ave Reservoir Repairs Contract No 51-98 By consent, Council approved and authorized payments. 14. Communications - None 15. Adjournment It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adjourn the meeting at 9:12 p m The motion passed 6-0 ) , e: ' . c7 .---t.,..si,_._ /A—, 1, 1 Ci y Clerk Mayor I