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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