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HomeMy WebLinkAbout1998/03/02 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA March 2, 1998 1. Call to Order Mayor Dorfman called the meeting to order at 7.30 p m 2 Presentations Mayor Gail Dorfman presented a plaque of appreciation to Councilmember Nelson for his service on the Charter Commission from November 25, 1996 to October 5, 1998. Mayor Gail Dorfman presented a plaque of appreciation to Jim Moffet for his service on the Parks and Recreation Advisory Commission from November 1, 1994 to January 31, 1998, and also thanked him for his active involvement in organizing his neighborhood group. 3. Roll Call The following Councilmembers were present: Jeff Jacobs, Chris Nelson, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer, and Mayor Gail Dorfman Also present were the City Manager(Mr Meyer); City Attorney(Mr Scott); Deputy City Manager(Ms. Kutzler), Director of Community Development (Mr. Harmening); Economic Development Coordinator(Mr. Anderson); Director of Public Works (Mr. Rardin); City Engineer(Mr Moore); City Planner(Ms Erickson), Housing Coordinator(Ms. Brownstein), and Health and Safety Inspector(Mr Camilon) 4 Approval of Minutes City Council meeting of February 17, 1998: with corrections noted below, the minutes were approved as presented Insert"from neighboring residents" to Councilmember Young's comments on Page 8, paragraph 8. Change Nelson to Young on Page 13, paragraph 2. City Council Study Session meeting of February 9, 1998: The minutes were approved as presented. City Council Special meeting of February 17, 1998: The minutes were approved as presented 1 5. Approval of Agendas It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the agenda with the addition of Item 9c Board and Commission Appointments The motion passed 7-0 c Resolutions and Ordinances By consent, Council waived the reading of resolutions and ordinances. 6 Public Hearing a. Resolution approving the projected use of 1998/1999 Community Development Block Grant Funds Resolution #98-41 Ms. Brownstein, Housing Coordinator briefly reviewed the CDBG program highlighting the proposed activities for the CDBG 1998 funding year Mr Meyer, City Manager clarified that the $40,000 in unused 1997 CDBG funds that was included in the public notice was already considered at another Council meeting and not part of the hearing 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 adopt a Resolution approving projected use of funds for 1998 Urban Hennepin County Community Development Block Grant Program and unused 1997 Community Block Grant funds, authorizing signature of Subrecipient Agreement with Hennepin County and any related third Party Agreements The motion passed 7-0 b. Proposed Franchise Ordinance amendment relating to opinion survey Reg Dunlap, TV Coordinator and Lance Leupold of Paragon Cable were present Mr Leupold emphasized that a change from conducting a specific market survey annually to conducting ongoing customer market research was needed in order to meet the needs of customers. The Mayor closed the public hearing with the right of the Council to reopen it at a future date Councilmember Nelson asked staff if there was presently anything in place to help ensure quality service from other utility companies 2 Mr. Dunlap, TV Coordinator stated that the Cable Advisory Commission addresses the issue of quality service related to the cable franchise, but not other utilities Mr. Meyer, City Manager stated that franchise agreements with other utilities generally do not include customer service provisions or survey requirements The agreements are ongoing and not subject to period renewal, therefore possible options would need to be explored by the City. Councilmember Latz asked staff why the survey had been waived for several years Mr. Dunlap, TV Coordinator stated that since Paragon provided alternate survey findings to the Cable Advisory Commission during that time, a specific survey was not recommended. Councilmember Latz was concerned with the issue of complaints he had received from residents and asked if the City had any control over what questions were asked in the survey Mr. Dunlap, TV Coordinator stated that the survey would be conducted as the City subscribes and new language has been added to the amendment to have the City and Paragon cable work together on developing the questions of the survey It was moved by Councilmember Jacobs, seconded by Councilmember Nelson, to approve first reading of the franchise ordinance amendment and set second reading for March 16, 1998 The motion passed 7-0 . c. Street mill and overlay and random curb and gutter repair on West 35th Street from Raleigh Avenue to Trunk Highway 100 - Project No. 97-01. Resolution #98-42 The Mayor closed the public hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to adopt the resolution ordering Project No. 97-01, street rehabilitation on West 35th Street from Raleigh Avenue to Trunk Highway 100, approving plans and specifications and authorizing receipt of bids. The motion passed 7-0 d. Street Mill and overlay and random curb and gutter repair on West 23rd Street, Stephens Drive and Utica Avenue- Project No. 97-03 Resolution #98-43 The Mayor closed the public hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt the resolution ordering Project No 97-03, street rehabilitation on West 23rd Street, Stephens Drive and Utica Avenue, approving plans and specifications and authorizing receipt of bids. The motion passed 7-0 e. Ford Road/Shelard Parkway/Ford Lane roadway, traffic signal and watermain improvements - Project Nos. 85-32 (roadway), 87-28 (signal) and 97-05 (watermain). 3 Resolution #98-44 The Mayor closed the public hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt the resolution ordering Project Nos. 85-32, 87-28, and 97-05 for roadway, traffic signal and watermain improvements to Ford Road/Shelard Parkway and Ford Lane, approving plans and specifications and authorizing receipt of bids The motion passed 7-0. f. Assessment hearing for Project 97-01 Resolution #98-45 The Mayor closed the public hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to adopt the resolution establishing the assessment for project No 97-01 The motion passed 7-0. g. Assessment Hearing for Project 97-03. . Resolution #98-46 The Mayor closed the public hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt the resolution establishing the assessment for Project No. 97-03 The motion passed 7-0. h. Assessment Hearing for Projects 85-32, 87-28 and 97-05 Resolution #98-47 The Mayor closed the public hearing with the right of the Council to reopen it at a future date It was moved by Councilmember Young, seconded by Councilmember Sanger, to adopt the resolution establishing the assessment for project No 85-32, 87-28 and 97-05. The motion passed 7-0 7 Petitions, Requests, Communications -None 8. Resolutions and Ordinances a. Amendment to Zoning Ordinance regulating parking in Residential Zoning Districts including the parking of commercial and recreational vehicles. Mr Harmening, Community Development stated that the proposed Ordinance included language to limit the size of vehicles to 8 feet in height, 22 feet in length, and 6,000 pounds in empty weight and recommended that the figure be changed from 6,000 pounds to 6,500 pounds empty weight. It was moved by Councilmember Nelson, seconded by Councilmember Jacobs to amend the ordinance to eliminate commercial signage from the definition of the commercial vehicle. (Exhibit A, Item 2 from City Council Study Session Report of February 23, 1998) 4 Councilmember Nelson stated the placement of signage itself on a vehicle was not offensive and shouldn't define a vehicle as commercial Ms Erickson, Planning Coordinator reviewed proposed parking provisions for commercial vehicles Councilmember Sanger asked staff to clarify if non-profit organizations with signage on vehicles were considered commercial vehicles. Ms Erickson, Planning Coordinator stated that a vehicle with signage owned by a non-profit organization would be defined as a commercial vehicle The motion passed 4-3 (Councilmember Young, Sanger and Dorfman opposed). It was moved by Councilmember Jacobs, seconded by Councilmember Young, to amend the motion to change the figure of the weight limit of vehicles from 6,000 pounds to 6,5000 pounds empty weight The motion passed 7-0 It was moved by Councilmember Brimeyer, seconded by Councilmember Jacobs to adopt findings set forth in the February 17, 1998 staff report, to approve second reading of Zoning Ordinance amendments, and to authorize publication. The motion passed 7-0. It was moved by Councilmember Young, seconded by Councilmember Jacobs to instruct staff to bring back to the City Council for discussion and recommendations the issue of vehicle screening This discussion is to be resolved by July 1, 1998 The motion passed 7-0 Mayor Dorfman asked staff to explain how residents will be informed about new ordinance Mr Harmening, Community Development Coordinator stated that a brochure would be prepared by staff that explains proponents of the ordinance and this information would also be advertised in the Park Perspective and the Sun Sailor b. Golden Auto/National Lead Site; Agreement with Hennepin County Mr Meyer, City Manager explained the background and purpose of the preliminary agreement, clarified the issues of concern, and reviewed the City's role of whether or not to access the Environmental Response Funds to provide funding for remediation on the Golden Auto site By legislation, the fund requires the participation of the City of St. Louis Park to access those funds to build the connection and remediate the site. Mr. Anderson, Economic Development Coordinator, briefly reviewed the content of the preliminary agreement and highlighted the roles of the City/EDA and County regarding funding, the investigation, planning, potential purchase and mitigation of redevelopment of the Golden Auto Site He stated that the City Council reviewed details relative to the agreement on January 12, 1998 and added language which would allow the City/EDA to use the funds to investigate and evaluate the need, cost and economic feasibility of the safety and noise mitigation measures in connection with the proposed railroad plans. 5 Mayor Dorfman asked staff what the next step would be if the Council approved the preliminary agreement Mr Anderson stated that if the Council approved the preliminary agreement the issue would be brought to the EDA meeting for action on March 16, 1998 and clarified that the agreement may be canceled by any party upon 30 days notice. Eric Anderson, 2704 Blackstone Avenue, was concerned about the possible effects of vibration on houses and asked if this would be addressed in the investigation. He questioned whether of not another type of facility other than a rail connection could be developed on the site, and raised the issue of eminent domain. Mr Meyer, City Manager stated that the contracts with the consulting firm have not been established yet, but the vibration issue would be considered Bob Tift, 3800 Brunswick Avenue South, was in support of the idea of looking into the possibility of cleaning up the Golden Auto/National Lead Site His concern was that the study include analysis of all rail traffic in St Louis Park and the effects of noise and safety on the north neighborhoods if a railroad connection was constructed. Jon Olson, 2919 Vernon Avenue South, raised the issue of the railroad's preferred route and was concerned about the environmental law issues He believed there was an undercurrent of giveaway and disadvantage that was making residents apprehensive about where the City, county were sitting Mr Meyer, City Manager stated that the railroad would prefer to continue on the route presently traveled and not travel through the Minneapolis junction, but since this will be terminated both the northward route through St Louis Park and east route through Kenwood have the same impact Mayor Dorfinan stated that access to funds would begin the study process on impacts to the environment Timothy Manthey, 6200 Minnetonka Boulevard, stated that he believed that alternative A appears to be the most desirous route and was opposed to having more trains coming through the St. Louis Park neighborhoods Manny Camilon gave a brief overview of the two new proposed railroad connections and commented on type and amount of increased traffic. Lance Boole, 7711 13th Lane, was concerned about the potential safety hazard of increased rail traffic near area schools. Page Appelbaum, 5836 W 251/2 Street, raised several environmental concerns and believed a 111 total environmental impact study was needed to determine overall affects of rail traffic in the north neighborhoods 6 Jack Wesoloski, 2635 Florida Avenue South, was opposed to the proposed railroad connection through the north neighborhoods and stated several concerns about safety issues. Jess Ford, 6215 Oxford Street, was in support of Council approving the preliminary agreement Paul Coffey, 2804 Blackstone Avenue, raised several concerns about safety and health issues related to increased rail traffic in his neighborhood. Doug Larson, 2837 Kentucky Avenue South, President of the Bronx Neighborhood Association asked several questions relating to environmental impact, the railroad's use of chemical treatment to control growth along the tracks, safety and noise, and construction costs Mr Meyer, City Manager explained that for operational reasons the railroad would be indifferent to what route they would prefer, but would have an economic incentive to eliminate switching from the Elmwood neighborhood Sandy Capra, 2250 Ridge Drive#11, recommended that the issue be looked at objectively and that answers to all environmental questions raised be addressed thoroughly in order to establish a overall picture of the short and long term effects of this type of disruption to neighborhoods Jacqueline Bowker, 3933 Alabama Avenue South, was in support of Council approving the preliminary agreement She was concerned about the safety of children with the absence of crossing arms on roads near tracks and malfunctioning signals, and noise level of train switching in her neighborhood and would like to see an alternative solution She asked if the construction of the proposed connections would eliminate switching Mr. Meyer, City Manager stated that the only switching that would occur if the new connection was developed would be for the reversal of direction from north to south, but there has been recent discussions of developing a southwest connection that would eliminate all switching John Basill, 6208 Oxford Street, was a member of the Railroad Task Force and was in support of the Council approving the preliminary agreement He was concerned that if the City did not access the Environmental Response Funds, the proposed junction could be built and increased rail traffic would occur without any improvements on the current rail lines for safety and continued switching Michael Baum, 2809 Zarthan Avenue South, was a member of the Railroad Task Force and was opposed to Council approving the preliminary agreement He stated that the agreement doesn't provide any concrete information to residents, but rather contains many wishes He II recommended that the City conduct their own study, so the right decision could be made for all residents Mayor Dorfman stated that the Council had to consider if the initial preliminary agreement would provide the funds and opportunity to answer the questions that have been raised 7 David Gale, 6200 Oxford Street, was in support of Council approving the preliminary agreement. He believed action should be taken now to increase the City's leverage in discussions with forces that make decisions that the City has no control over Sarah Gale, 6200 Oxford Street, was in support of Council approving the preliminary agreement. She believed the elimination of switching would reduce noise and increase the safety of neighborhoods Gina Dumas, 6320 Oxford Street, was in support of Council approving the preliminary agreement in order to find answers to all questions raised by residents Paula Evensen, 6321 W. 37th Street, was in support of Council approving the preliminary agreement. She believed the agreement would help the City clean up the lead site and if switching was eliminated, trains could move through the City without stopping, six railroad crossings could be eliminated, and total train time in the City would be greatly reduced enhancing the overall safety of the community. Jacqueline Nelson, 2847 Webster, asked what involvement residents would have in determining who the qualified expert/consulting firm would be that undertakes the analysis of the impact of the rail connection and construction costs of rail connection upon surrounding neighborhoods She also asked if the Railroad Task Force would continue to participate and recommended that each neighborhood be represented to ensure questions of concern were addressed by the consulting firm hired to undertake analysis Mr. Meyer, City Manager indicated that the Railroad Task Force would continue to participate and provide input to Council to help frame questions that needed to be addressed in the analysis of the consulting firm He explained that the preliminary agreement includes the cost of conducting an investigation of the need, cost, and economic feasibility of noise and mitigation measures in connection with the railroad realignment plans, but does not include a full environmental impact study. Barbara Weingarden, 2554 Xenwood Avenue, believed it will be particularly important not to let the businesses destroy the things that protect what will be left of Birchwood from the trains Lynne Carper, 4010 Highwood Road, is President of the Lake Forest Neighborhood Association and was a member of the Railroad Task Force He asked for clarification of Section 2 02 of the agreement that states the City must furnish land in accepting the fund and asked when the results of the investigation of the quality and safety issues of the tracks would be available to determine overall economic feasibility of construction Bob Lindall, EDA Attorney verified the requirement to provide a portion of the Golden Property only if the City/EDA and County entered into a final agreement (Section 2.16) and pointed out the provision of Termination (Section 5.01). 8 Mr Meyer, City Manager stated that there is an agreement with the County that the City does not have to acquire the site or build the rail line in order to access the funds for this preliminary agreement Mr. Anderson stated that the investigation of the tracks had begun and the written report would be available in two months. Councilmember Sanger commented on the economic feasibility of rail construction and pointed out that the cost projections failed to include any noise mitigation measures for Cedarhurst and Blackstone neighborhoods Councilmember Latz commented on the potential increase in rail traffic from the south and indicated the importance of gaining access to the funds to make track improvements Gayle Crose, 4000 Highwood Road, raised several concerns about the credibility of the process and questioned the reliability of the information provided. Ed Sternberg, 2105 Glenhurst Road, was concerned about the recent increase in the number of trains traveling through his neighborhood Tom Abbott, 2562 Alabama Avenue South, was concerned that switching would not be entirely eliminated unless a written guarantee from the federal government and government was requested He believed that Alternative A was most logical and safe and suggested that IIthe results of an analysis of the effects of rail traffic in a neighborhood was only theoretical Frank Romero, 2913 Xenwood Avenue South, stated that it would be beneficial to request additional funds to cover the cost of a thorough environmental impact study to investigate all the questions raised and emphasized the City's leverage in the negotiation process. Tom Pearson, 2706 Yosemite Avenue South, was concerned about safety, property values, quality of life and environmental impact He does not believe faster trains would be safer and also believed that additional train are not a good idea. He suggested a bike trail be developed in the area of the proposed northward route in the long term Terry Meland, 5118 West 28th Street, questioned if both Alternative A and Alternative B could be options and the rail traffic burden be shared by each community Mr Meyer, City Manager stated that this may be a possibility, but the City would have no control over which rail line the railroad decided to take and noted this would be cost prohibitive. Lance Boole, 7711 13th Lane, asked for clarification as to whether funds would need to be paid back if the agreement were to be terminated and asked about the City's Emergency Response Plan r Mr. Meyer, City Manager clarified that funds received would not be required to be paid back and briefly reviewed the Emergency Response Plan for the City of St. Louis Park. 9 Councilmember Sanger asked several questions of staff She questioned if the track safety study being conducted by the federal government considered the safety for the number, size, and speed of trains that are currently traveling on the tracks, or accessing the safety if there is an increased number, speed and length of trains in the future Mr. Anderson, Economic Development Coordinator clarified contents of the study and stated that both current and projected rail traffic are being studied and a verbal report would be available within two weeks. Councilmember Sanger questioned the absence of mitigation measures for noise vibration or safety from the proposed list of tasks and asked staff who would be accountable for doing the mitigation and who would be responsible for the cost of mitigation She stated the City should not be responsible for the cost of mitigation, but rather the legislature if they desire the City to go through with the proposal and believed this information should be included in the preliminary agreement Councilmember Brimeyer stated that the final agreement would allow the Council to include such modifications Councilmember Jacobs emphasized the preliminary nature of the agreement and stated that he had no intention of voting on a final agreement until he understood where the funding for the construction was coming from Councilmember Latz noted a correction to the first paragraph of Exhibit D. Replace South Oak to South Oak Hill Councilmember Brimeyer was in favor of approving the preliminary agreement. He stated that if the desired result was to reduce train time in St Louis Park, then the preliminary agreement would identify the issues of concern, and then the City would be in a position to examine the options Councilmember Sanger was opposed to approving the preliminary agreement She stated that the agreement was bad public policy in that it shifted the problem from one neighborhood to another, increased the number of residents affected by rail traffic, enabled the destruction of neighborhoods, and was a bad deal economically. She stated that Alternative A was safer and less hazardous because of the nature of the route and was concerned about environmental impact. Councilmember Latz was in support of approving the preliminary agreement and does not believe that individual property values are influenced either way by train noise He believed the Council should utilize the leverage they possess to minimize the impact of the increased train traffic in the future and obtain safety, noise and track improvements Councilmember Nelson was in support of approving the preliminary agreement He commented on the issues of concern and believed that the City could not afford to ignore the issues and think they will go away He stated that because many of the answers to the questions were not available, it was necessary to study the impacts of the proposed connection further 10 Councilmember Young was in support of approving the preliminary agreement. He believed that the issue involved transferring the problems associated with rail traffic from one neighborhood to another neighborhood He was concerned most with the north neighborhoods which would experience rail traffic for the first time Mayor Dorfman was in support of approving the preliminary agreement. She stated that this issue had been forced on the City and that the status quo was not an alternative. The Mayor believed that it was important that the City of St Louis Park stay at the negotiating table as decisions were being made and in order to do this they would need to gain access to the Environmental Response Funds to answer the questions and concerns raised. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to authorize the Mayor and City Manager to execute the Preliminary Agreement as to the Golden Property by and between the County of Hennepin, City of St Louis Park and the St. Louis Park Economic Development Authority and directing preparation of resolutions for consideration at the March 16th meeting and placing the agreement on the St Louis Park's Economic Development Authority's March 16th agenda for consideration and action The motion passed 6-1 (Councilmember Sanger opposed) c. Gambling Premise Renewal Application Resolution #98-48 By consent, Council approved the resolution granting issuance of a premises permit for lawful gambling for the St. Louis Park Hockey Boosters Association d. Resolution of Approval, 7200 Cedar Lake Road Resolution #98-49 Councilmember Sanger pointed out that the plan submitted to the Council was a variation from the plan that was considered by BOZA and should be noted in the resolution It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to adopt the resolution with additional language to reflect the fact that there was a modified plan submitted to the City Council. The motion passed 7-0 e. Request to Hennepin County to sell tax-forfeited property at 2902 Flag Avenue South conditioned upon buyer granting trail, drainage and utility easement to the City. Resolution #98-50 By consent, Council approved the resolution requesting Hennepin County to sell tax-forfeited property located at 2902 Flag Avenue South conditioned upon buyer granting trail, drainage and utility easement to the City. f. Change Order No. 1 to Contract No. 4066 with Howard R. Green Company for professional services on the Excelsior Boulevard Streetscape Project- Project No. 96-22. 11 Resolution #98-51 It was moved by Councilmember Brimeyer, seconded by Councilmember Jacobs to adopt the resolution authorizing execution of Change Order No 1 in the amount of$75,000 to Contract No. 4066 with Howard R. Green Company, increasing the total contract amount from $381,360 to $456,860 The motion passed 7-0 9 Reports from Officers, Boards, Committees a. Vendor Claim List By consent, Council accepted report for filing b. Minutes of Cable TV Advisory Commission, November 12, 1997 By consent, Council accepted report for filing c. Board and Commission Appointments It was moved by Councilmember Young, seconded by Councilmember Sanger to appoint Karl Robertson to the Building Construction Codes Advisory Commission, Linda Hammersten to the Human Rights Commission, and Dawn Right to the Park and Recreation Advisory Commission The motion passed 7-0 10 Unfinished Business 11. New Business a. Contract Extension for Reilly Tar& Chemical Corporation Laboratory Services Contract No. 1893 By consent, Council authorized execution of a contract extension to contract No. 1893 with Quantera Environmental services for laboratory services related to the Reilly Tar and Chemical Corporation groundwater sampling program through 1998 b. Contract Extension for Reilly Tar& Chemical Corporation related Activities - Consultant Services Contract No. 3006-96. By consent, Council authorized execution of a one year extension to Contract No. 3006-96 with ENSR Consulting and Engineering c. Lease between the City of St. Louis Park and Friends of the Arts for office space at the Recreation Center. By consent, Council authorized the Mayor and City Manager to execute the lease. 12 12 Miscellaneous 13. Claims, Appropriations, Contract Payments a. Contract payments Partial 1. Matt Bullock Contracting Co Inc $2,604.19 Excavation and Embankment - Cont #4165 2 Maertens-Brenny Construction Co , Inc $8,884 40 Rec Center Renaissance - Cont #4094 3. Carciofini Caulking Company $1,415 50 Rec Center Renaissance - Cont #4111 By consent, Council approved and authorized payments 14 Communications From the Mayor-None From the City Manager - Mr Meyer announced that the Twin/West State of the City Coffee Break was to be held on Wednesday, March 4th in the City Council Chambers and Mayor Dorfman would be speaking. 15 Adjournment A motion to adjourn was made by Councilmember Jacobs, and seconded by Mayor Gail Dorfman. The meeting adjourned at 11 25 p m. The motion passed 7-0. �, np . �tD4 y, Mayor Gail Dorfman I/ Re ording Secretary 13