HomeMy WebLinkAbout1999/09/07 - ADMIN - Minutes - City Council - Regular ST.CITY LOUDIF
S OFFICIAL MINUTES
PARK CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
September 7, 1999
1. Call to Order
Mayor Jacobs called the meeting to order at 7 30 p m
2. Presentations -None
3. Roll Call
The following Councilmembers were present at roll call Chris Nelson, Sue Sanger, Sue Santa,
Robert Young, Jim Brimeyer, and Mayor Jeff Jacobs
Also present were the City Manager (Mr Meyer), City Attorney(Mr Scott), Economic
Development Coordinator (Mr Anderson), Planning Manager(Ms Jeremiah), Planning
Associate (Ms Peterson), City Planner(Ms Erickson), Engineering Superintendent (Mr
Moore), Director of Public Works (Mr Rardin), City Assessor (Bruce Stepnick), Housing
Programs Coordinator(Ms Larsen), and Recording Secretary(Ms Olson)
4. Approval of Minutes
4a. City Council Meeting of August 16, 1999
With a minor correction, the minutes were approved as presented Page 10, Change
Commissioner Nelson to Councilmember Nelson
4b. Study Session Meeting of August 9, 1999
With the following corrections, the minutes were approved as presented
Page 17, Item 3, Paragraph 4, Councilmember Sanger asked to delete the reference to "28th St
west of Hwy 100" and Councilmember Nelson asked to add "41st Street between Natchez and
Utica"
Page 16, Item 3, Paragraph 8, Councilmember Young asked that "trails" be changed to
"sidewalks"
Page 17, Item 4, Paragraph 1, Councilmember Nelson asked that the following language be
added to his comments"If we are going to have charitable gambling, I don't think it is anyone's
business where the money goes If the business wants to have charitable gambling in its facility
it is up to that business to arrange for a charitable organization to come in and the City should
not be telling people where to spend their charitable dollars"
4c Study Session Meeting of August 23, 1999 With the changes as outlined by
Councilmember Young, the minutes were approved as presented
Page 20, Item 1, Paragraph 7, change to read "Councilmember Young felt that the City should
move forward, but that he is opposed to the condemnation of any of these properties"
Council Meeting Minutes -2- September 7, 1999
5. Approval of Agendas
a. Consent Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the
consent agenda with the removal of Item 11c to the regular agenda The motion passed 6-0
b. Agenda
It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve the
agenda with the addition of Item 11c The motion passed 6-0
c. Resolutions and Ordinances
By consent, Council waived reading of resolutions and ordinances
6. Public Hearings
6a. Compensation of the Mayor and City Councilmembers and the Economic
Development Authority President and Commissioners
Mr Meyer, City Manager briefly commented on the history of compensation for
Councilmembers and Commissioners and noted that the last time that the City Council pay was
changed was 1985 and the last time the EDA pay was set was 1988 He explained the required
procedure according to City Charter and indicated that the ordinance as proposed would take
affect in January, 2000
Mayor Jacobs closed the public hearing with the right of the Council to reopen it at a future date
Councilmember Nelson noted that the City was ratifying the amount of pay for the EDA and
City Council members and that there was no lump sum that was going to come to the present
EDA and City Council members He stated that similarly, although City Staff has been receiving
about a 3 5% increase every year, City Council is receiving a 1 7% annualized increase
It was moved by Councilmember Sanger, seconded by Councilmember Young, to waive the first
reading of the ordinance and set second reading for September 21, 1999 The motion passed 6-0
6b. Sale of City land located at 2712 Vernon Avenue South
Bruce Stepnick, City Assessor presented a staff report and noted that residents within 350 feet of
this lot were notified and their main concern was that a structure be built that conforms to the
architecture of the neighborhood
Dale Anderson, 2700 Vernon Avenue South, stated that he was in favor of the proposal and was
exactly was the neighborhood sought for many years His only concern was the condition of
some trees on the site that very recently have become a potential problem for his garage
Mr Stepnick stated that he was aware of the issue
Council Meeting Minutes -3- September 7, 1999
Mr Meyer, City Manager stated that what we would like to do was to include as a condition of
sale that the tree issues be taken care of since we would like to do the sale as quickly as possible
Mayor Jacobs closed the public hearing with the right of the Council to reopen it at a future date
Councilmember Sanger noted that it does not specify in the agreement that the two lots have to
be combined into one lot Is that something that needs to be put into the ordinance
Mr Stepnick stated that he could include that in the ordinance, but noted that quite frequently in
assessing lots are combined and handled by Hennepin County and the City simply gives it single
PID numbers
Councilmember Sanger asked if the developer would have to take action on this
Mr Stepnick indicated that the developer would have to combine the lots, because the developer
cannot build on the lots until they combine the lots
Councilmember Sanger recommended that some language be added to the ordinance to reflect
the request of the neighborhood that the home that was built be architecturally compatible with
the homes in the surrounding neighborhood(Birchwood)
Mayor Jacobs questioned how this issue would be enforced
Councilmember Sanger wasn't sure that it could actually be enforced, but was interested in
conveying the sense of that to the developer so that they get off on the right foot with the
neighborhood
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the
first reading of the ordinance to sell the property as drafted with an amendment to convey the
sense that the home be built in a way that is architecturally compatible and take care of the
diseased tree, set the second reading for September 13, 1999 and authorize summary publication
The motion passed 6-0
6c. CASE NO. 99-12-ZA-Miscellaneous Zoning Ordinance Amendments
Judie Erickson, City Planner, presented a staff report reviewing the proposed zoning ordinance
amendments and language modifications She indicated that the Planning Commission had
recommended approval of all of the amendments
Mayor Jacobs closed the public hearing with the right of the Council to reopen it at a future date
Councilmember Sanger asked what the procedure was for considering concerns about each
ordinance amendments and language modifications
Councilmember Brimeyer observed and complemented Staff and the Planning Commission for
their work He suggested that at the next study session, the Council identify and discuss the
policy areas that need to be modified and not just the language
Council Meeting Minutes -4- September 7, 1999
Councilmember Nelson commended Ms Erickson and the Planning Commission for their work,
but did not have any specific questions at this time
Councilmember Sanger stated that she would write her questions out and discuss them to Ms
Erickson prior to the next study session
It was moved by Councilmember Brimeyer, seconded by Councilmember Nelson, to approve
first reading of Ordinance, set Study Session for September 13, 1999 to discuss Council concerns
and policy changes, and set second reading for September 21, 1999 The motion passed 6-0
6d. Public Hearing and First Reading of a Zoning Ordinance text amendment to
allow restaurants with liquor as permitted with conditions in the C-2,
General Commercial District Case No. 99-13-ZA
Sacha Peterson, Planning Associate presented a staff report She indicated that the Planning
Commission deferred consideration of this issue to the City Council and Staff recommended that
the public hearing and First Reading of the Zoning Ordinance text amendment request be
postponed indefinitely
Councilmember Nelson recommended that this issue be brought back before the Planning
Commission before it comes back to City Council
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to postpone
indefinitely the public hearing and First Reading of the Zoning Ordinance text amendment The
motion passed 6-0
6e. City Land Sale at Southwest Corner of Highway 7 and Louisiana Avenue
Mr Anderson, Economic Development Coordinator presented a brief staff report
Mayor Jacobs closed the public hearing with the right of the Council to reopen it at a future date
Councilmember Nelson asked how this related to the conveyance of the tax forfeited land
Mr Anderson indicated that the tax forfeited portion of the land was being cleared now and
expected to be accomplished before the second reading of the ordinance, and that the land was
addressed in the legal description of the land that was being requested to be transferred
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to approve first
reading of an ordinance authorizing the sale of City owned property located at the Southwest
corner of Highway 7 and Louisiana Avenue to the St Louis Park Economic Authority and set
second reading for October 4, 1999 The motion passed 6-0
7. Petitions, Requests, Communications - None
Council Meeting Minutes -5- September 7, 1999
8. Resolutions and Ordinances
8a. Request by Silvercrest Properties, Inc. for a 46-unit expansion to a senior
assisted living facility including an Amendment to the Comprehensive Plan
to adopt a Redevelopment Plan, Preliminary and Final Plat for Silvercrest
Addition, and Vacation of drainage and utility easements and trail easement
3601, 3633, 3663 Park Center Boulevard Case Nos. 99-14-CP, 99-15-S, and
99-16-VAC
Ms Peterson, Planning Associate presented a staff report and recommended approval subject to
the conditions as outlined in the staff report
Councilmember Nelson stated that he appreciated what staff had done with trying to reduce the
number of emergency services calls, but had a question about the first option that it be a written
agreement between the City and Silvercrest He questioned what would happen if Silvercrest
sells the building to someone else, would the agreement run with the land
Mr Scott, City Attorney indicated that it could be stated in option 1 that the agreement would
run with the land
Councilmember Sanger believed that the issue with the emergency calls was vague in the staff
report and asked if staff they had nailed down what goals were to be achieved by this kind of an
agreement
Ms Peterson indicated that there haven't been specific target goals that have been discussed
since this was a new issue
Mr Meyer, City Manager, indicated that this issue clearly goes beyond the normal planning and
zoning activities and involved a discussion of a larger public policy issue
Councilmember Sanger thanked staff for getting the review and research done for the potential
need for a bike trail on the new north/south road She was in favor of the placement of the
sidewalk on the west side instead of the east side, but asked if this was feasible
Ms Peterson indicated that according to the Public Works Director, about 20 feet of additional
right of way would be required on that side and that a sidewalk on the west side was feasible
It was moved by Commissioner Nelson, seconded by Commissioner Young, to adopt a
resolution approving Comprehensive Plan Amendment The motion passed 6-0
It was moved by Commissioner Nelson, seconded by Commissioner Young, to adopt a
resolution approving preliminary and final plat with conditions outlined in the resolution The
motion passed 6-0
It was moved by Commissioner Nelson, seconded by Commissioner Young, to adopt Second
Reading of an ordinance to vacate utility easements and trail easement The motion passed 6-0
Council Meeting Minutes -6- September 7, 1999
8b. Resolution Approving the Preliminary Property Tax Levy and Budget for
the 2000 Fiscal Year and Establishing the Dates and Times for the Public
Hearing
Resolution # 99-103
Mr Meyer, City Manager briefly explained that by law, the City Council must approve a
preliminary tax levy and budget for 2000 as well as establish the hearing dates for the public
hearing on the tax levy and budget This information will appear on the parcel specific tax
notices mailed to property owners in November Council approval of the preliminary levy and
budget must occur on or before September 15th of each year and Final action of the levy and
2000 budget will not occur until the second Council meeting in December
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve the
resolution which establishes the preliminary tax levy and budget for 2000 and set the public
hearing for December 6, 1999 The motion passed 6-0
8c. Resolution authorizing a levy certification tax rate increase for the 1999 tax
levy, collectible in 2000
Resolution # 99-104
Mr Meyer, City Manager briefly commented on the new law passed by the 1999 Minnesota
Legislature
It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to adopt the
resolution authorizing a Levy Certification Tax Rate Increase for the 1999 Tax Levy, collectible
in 2000 The motion passed 6-0
8d. Traffic Study No. 544: Westwood Lutheran Church Parking Restrictions on
Cedar Lake Road at its Westerly Driveway Exit.
Resolution #99-105
By consent, Council adopted the resolution authorizing the change in parking restrictions on
Cedar Lake Road to no parking within 30 feet on the east and west sides of Westwood Lutheran
Church's westerly parking lot exit
8e. Traffic Study No. 545: Property/Business Owner Request to Eliminate
Parking Restrictions in Front of 4015 Yosemite Avenue South.
Resolution #99-106
By consent, Council adopted the resolution rescinding Resolution No 84-110 and authorizing
the elimination of parking restrictions in front of 4015 Yosemite Avenue South
9. Reports from Officers, Boards, Committees
a. Human Rights Commission Minutes of February 17, 1999
By consent, Council accepted report for filing
b. Human Rights Commission Minutes of June 9, 1999
Council Meeting Minutes -7- September 7, 1999
By consent, Council accepted report for filing
c. Housing Authority Minutes of July 14, 1999
By consent, Council accepted report for filing
d. Planning Commission Minutes of August 4, 1999
By consent, Council accepted report for filing
e. Planning Commission Minutes of August 18, 1999
By consent, Council accepted report for filing
f. Vendor Claim Report
By consent, Council accepted report for filing
10. Unfinished Business
a. Board and Commission Appointment(s) -None
11. New Business
lla. Confirmation of the Appointment of Jean McGann to the position of
Finance Director
Mr Meyer, City Manager briefly commented on the background and qualifications of Jean
McGann and noted that she would start on October 11, 1999
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to confirm the
appointment of Jean McGann to the position of Finance Director effective October 11, 1999
The motion passed 6-0
11b. Hutchinson Spur Trail Update
Carlton Moore, Public Works presented a brief update of the general project and recommended
that the City Council authorize execution of the agreement with the MCWD for wetland
replacement Should the Council approve the agreement, it will be presented to the MCWD
board at its September 9, 1999 meeting for approval It is anticipated the permit will be issued
shortly thereafter
Councilmember Nelson asked what was the unstated cost of the partnership with the Minnehaha
Creek Watershed district (MCWD)
II Mr Moore stated that his discussions with the MCWD has indicated the amount of$20,000 -
$25,000 There concern would be if something were to happen over the next few years
Council Meeting Minutes -8- September 7, 1999
Councilmember Nelson asked if there was $10,000 in the Parks& Recreation Department to
lease this Burlington Northern property
Mr Meyer, City Manager indicated that this amount was available
Councilmember Sanger asked when construction and completion of the bike trail would occur
Mr Moore indicated that the current time table was to begin actual construction next Spring and
completion within the next few months following
Councilmember Brimeyer asked if the if the wetland replacement had to take place within that
sub MCWD or could it be anywhere within the MCWD
Mr Moore indicated that the State Wetlands Act does not require it to be within the MCWD, but
Minnehaha Creek Board has made a determination that they want all wetland replacement within
their district
Councilmember Brimeyer noted that the amount of the lease agreement with the Burlington
Northern Railroad was astronomical amount and asked if staff felt that someday this would
become part of the Hennepin Parks System and they pay that type of lease agreement throughout
the system instead of individual cities paying for it
Mr. Moore stated that the current agreement for the trail development stated that the City was
obligated to provide the nght of way
Councilmember Brimeyer stated that related to the condemnation proceedings of the Smith
Property and the issue of snow removal costs he was disappointed that the City had to go through
this and pay for this
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to authorize
deposit with the Hennepin County court $61,825 00 in the Smith condemnation, authorize
execution of lease agreement with the Burlington Northern Railroad and authorize execution of
agreement with the Minnehaha Creek Watershed District for wetland replacement The motion
passed 6-0
11c. Housing Rehabilitation Fund - Discount Loan Program
Councilmember Sanger asked for clarification on the status of the possibility of expanding the
program so that it would be applicable City wide rather than only for targeted neighborhoods
Kathy Larsen, Housing Programs Coordinator stated that the Discount Loan Program is in
conjunction with the Minnesota Greater MN Fix-Up Fund and the Community Fix-Up Fund
which does target neighborhoods She indicated that the City has not taken any action to see if
we could apply this city wide and was uncertain if this was even allowable if it was mandated by
MHFA that you need to have this targeted to particular neighborhoods
Councilmember Sanger suggested this issue be pursued if it was legal that the Community Fix-
Up Funds could be available to those who were in need of the funds regardless of their location
in the City
Council Meeting Minutes -9- September 7, 1999
Ms Larsen indicated that she would research this as the Council directed
It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to approve
$80,000 allocation in Housing Rehabilitation Fund monies to fund the Discount Loan Program
and authorize the Housing Authority Board to oversee administration of the Program The
motion passed 6-0
11d. Resolution for specially assessing the cost of installation for a fire
suppression sprinkler system for a commercial building at 3565 Wooddale
Avenue South
Resolution # 99-107
By consent, Council adopted a resolution authorizing installation and special assessment of a fire
sprinkler system at 3566 Wooddale Avenue South and directing the Mayor and City Manager to
execute a special assessment agreement with the property owner
lle. Bid Tabulation: Park Commons Demolition/Site Restoration
City Project No. 98-14
By consent, Council designated Kevitt Excavating, Inc the lowest responsible bidder for the
Park Commons demolition/site restoration and to authorize execution of a contract with the firm
in the amount of$172,8891 00
111 l lf. Bid Tabulation: City-Wide Random Curb and Gutter and Sidewalk Repair
Work
City Project No. 99-04
By consent, Council designated Standard Sidewalk, Inc the lowest responsible bidder and
authorized execution of a contract with the firm in the amount of$70,381 00
11g. Bid Tabulation: Flood Problem Area 20A -- Grading,Base, Storm Sewer,
Curb and Gutter, and Bituminous Paving -- City Project No. 99-06
By consent, Council designated Thomas and Sons Construction, Inc the lowest responsible
bidder and authorized execution of a contract with the firm in the amount of$90,661 75
llh. Award Contract for E9-1-1/Radio System Upgrade
By consent, Council moved to award contract for E9-1-1/Radio System Upgrade to the sole
bidder, Capitol Communications, for the amount of$136,987 15
111 Juvenile Accountability Incentive Block Grant (JAIBG)
Resolution # 99-108
By consent, Council moved to approve grant fund award
12. Miscellaneous - None
Council Meeting Minutes -10- September 7, 1999
13. Claims, Appropriations, Contract Payments
a. Contract payments
Final
Scandy concrete, Inc $11,553 24
Random C & G, & Sidewalk Repair
Contract No 47-99
By consent, Council adopted Resolution # 99-109.
Partial
Valley Paving $30,317 19
Watermain Replacement, pavement milling, curb & gutter
Contract No 19-99
By consent, Council adopted resolutions
14. Communications
>From the City Manager
Mr Meyer provided an October calendar for Councilmembers to mark available dates in order to
schedule upcoming meetings (Joint meeting with the School Board, City Manager performance
review, and mobile tour of the City)
>From the Mayor
Mayor Jacobs indicated that the City continues to receive comments both in writing and by
phone with respect to input about the sidewalk and trail plans He stated that the City Council
desires to address all of the concerns and will be conducting a mobile tour of the City to look at
the affected sites He encouraged those with additional concerns to contact the City
15. Adjournment
It was moved by Councilmember Sanger, seconded by cilmember Santa, to adjourn the
meeting at 9 06 p m The motion passed 6-0
C' y Clerk