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HomeMy WebLinkAbout2001/10/15 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA October 15, 2001 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Bnmeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Community Development Director(Mr. Harmening); Director of Public Works (Mr. Rardin); Director of Inspections (Mr. Hoffman); City Clerk (Ms. Reichert); Planner(Mr. Smith); and Recording Secretary (Ms. Samson). 2. Presentations--None 3. Approval of Minutes 3a. City Council Special Meeting Minutes of October 3,2001 The minutes were approved as presented with the following change: Councilmember Sanger asked that about traffic accidents be added at the end of the last sentence of Paragraph 4 on Page 9. 3b. Study Session Minutes of October 8, 2001 The minutes were approved as presented. 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Agenda It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the agenda. The motion passed 7-0. 4b. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the following Consent Agenda Items. The motion passed 7-0. Council Meeting Minutes -2- October 15, 2001 1. Approve the contract with Hennepin Parks to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park. 2. Approve Resolution No. 01-112 considering major equipment replacement_ scheduled and budgeted for 2002 and authorizes staff to acquire equipment as allowed by Statute, Charter, or Ordinance. 3. Terminate the Contract for Private Redevelopment between the St. Louis Park EDA, the City of St. Louis Park, and DRF L-7 LLC dated July 30, 1999. 4. Authonze the Mayor and City Manager to execute a contract with WSB & Associates, Inc. for construction surveying and inspection for three (3) flood problem areas in the amount of$143,000. Consultant for Assistance in Construction Surveying and Inspection for three (3)Flood Problem Areas, Projects#00-07, 01-08, & 01-09 5. Approve Resolution No. 01-113 accepting work on Park Commons demolition/ site restoration, city project no. 01-15, contract no. 19-01, Kevitt Excavating. 6. Approve Resolution No.01-114 accepting work on city-wide random curb & gutter, city project no. 01-0, contract no. 74-01, Ron Kassa 7. Motion to accept the following reports for filing. a. Board of Zoning Appeals Minutes of June 28, 2001 b. Planing Commission Minutes of September 19, 2001 c. Vendor Claim Report 8. Approve Resolution No. 01-115 designating specified streets as MSA routes and approve Resolution No. 01-116 revoking specified streets as MSA routes. Public Hearings :i? 5a. Year 2001 Local Law Enforcement Block Grant The Local Law Enforcement Block Grant is tied to cnme reporting in St. Louis Park, and the Police Department is asking the Council to approve the grant fund award to be used for personal development. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve grant fund award. The motion passed 7-0. 5b. 2002 Budget Proposal for Special Service District No. 1 Resolution No. 01-117 Councilmember Nelson asked Ms. Wasly how the Special Service District is doing, and she responded all is going smoothly. Special Service Distnct No. 1 is primarily the area around Park Nicollet, AAA, and Target. Council Meeting Minutes -3- October 15, 2001 It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve Resolution No. 01-117 setting the 2002 Budget and Property Owner Service Charge for Special Service District No. 1 and directing Staff to certify the annual service charge to Hennepin County. The motion passed 7-0. 5c. 2002 Budget Proposal for Special Service District No. 2. Resolution No. 01-118 Mr. David Payne addressed the Council regarding Special Service District No. 2. Mr. Payne recognized Mr. Scott Berkley for his exceptional work efficiency in the District No. 2 area. Special Service District No. 2 is pnmarily the stretch of Excelsior Blvd. from France Avenue to Monterey Drive. It was moved by Councilmember Nelson, seconded by Councilmember Sanger to approve Resolution 01-118 setting the 2002 Operating Budget and Property Owner Service Charge for Special Service District No. 2 and directing Staff to certify the annual service charge to Hennepin County. The motion passed 7-0. 6. Requests, Petitions, and Communications from the Public 7. Resolutions, Ordinances, Motions 7a. 1st Reading of an Ordinance Amending the Local Tax on Lawful Gambling City Clerk, Cindy Reichert, reported that in January of 2000, the City Council enacted a tax on lawful gambling of 2% on gross receipts of a licensed organization from lawful gambling less the prizes paid out. Staff would like to reduce the amount of local tax on lawful gambling from 2% to .75%. Councilmember Latz asked if there have been any spikes in the need for funding. Ms. Reichert responded, there has been no cause to conduct any major investigations, however, investigations are done for renewals, which are on a two-year cycle. Ms. Reichert said it is at the Council's discretion to raise or lower the local tax on lawful gambling. Councilmember Nelson asked if refunds are done on a pro rata basis or on the amount of police activity or lack of police activity. Ms. Reichert said refunds are on a pro rata basis, and are based on the actual direct costs incurred by the City, e.g., the police officer conducting an investigation charges his or her time to the fund, a small portion of Ms. Reichert's time is charged to the fund, and so are supplies. The fund is anticipated to be $10,000-13,000 per year. It was moved by Councilmember Latz, seconded by Councilmember Santa, to approve first reading and set second reading for November 5111, 2001. The motion passed 7-0. (Note: Item 7c was discussed prior to item 7b) Council Meeting Minutes -4- October 15, 2001 7c. Resolution Adopting Railroad Task Force Recommendations Resolution No. 01-120 City Manager, Mr. Meyer, presented the six-page St. Louis Park Railroad Advisory Task Force Position Statement Summary, dated May 23, 2001, on railroad issues. Mr. Meyer presented background information stating that in the spnng of 2000, the City Council asked Staff to assemble a Railroad Advisory Task Force to study a variety of rail-related issues in St. Louis Park. The task force was operational from May 2000 to May 2001. Councilmembers Sanger and Santa served on the committee, and Councilmember Nelson attended several meetings. The purpose of the task force was to develop strategies around which St. Louis Park could plan for land use planning, dealing with State or local agencies in rail-related issues, and how best to structure future plans to maximize opportunities and minimize threats. The task force recommended that rail traffic in St. Louis Park should be through traffic and should not involve storage, switching, or blocking. Blocking should be moved out of St. Louis Park, Minnetonka, and Hopkins; and a southerly connection should be built on the south side of the City. It was mentioned that mitigation funds should accompany the recommendations due to the dynamics of the rail issues. Mr. Meyer said no one has presented a minority report in terms of dissention except the railroads, and they stated they do not want to be tied to acknowledging the recommendations. Ms. Jan Loftus, 3341 Zarthan Avenue South, President of the Sorensen neighborhood Association, presented anoint petition signed by 38 individuals of the Sorensen and Lenox neighborhoods, stating they support all of the recommendations of the task force; specifically, the petitioners are opposed to any additional rail traffic caused by re-routing, and if re-routing occurs, they insist that all environmental mitigation be completed before the re-routing occurs. Mr. Chns Kiely, 4221 Webster Avenue South, President of the Brookside neighborhood, is concerned about rail traffic passing south and then through his neighborhood. ' Mr. Jess Ford, 6215 Oxford Street, the Elmwood neighborhood, addressed the Council regarding constructing a southern connection and switching, and his perceived contradiction regarding recommendations made by the task force. Mr. Ford stated there is no rail traffic going south, only switching, and he wants the switching to stop. Mr. Meyer responded that the intent is to move toward a point in time when all traffic is through traffic, however, it is not feasible to do all at once, therefore, the Position Statement Summary is descnbing a staging process. Mr. John Basill, 6208 Oxford Street, served on the task force, and he would like Councilmembers to know, in their review of the Position Statement Summary, that switching will not be eliminated. Mr. Basill said the best case scenario would be that if traffic goes south then we build to the south. Mr. Mike Hhndin, 7708 West 13 '/i, addressed the Council regarding locks and barges. Councilmember Sanger moved to adopt Resolution No. 01-120 adopting the railroad task force recommendations. Motion seconded by Councilmember Santa. Council Meeting Minutes -5- October 15, 2001 Councilmember Nelson referred to a Study Session of about 1 i/s months ago when he commented he was in favor of the task force report the Council had. However, he wanted one sentence added to it stating that if any of the underpinnings or assumptions were incorrect or changed, Council would review it again. Councilmember Nelson said the Position Statement Summary does not contain that sentence; he would like to have it added. He felt the City Council should re-evaluate the strategy if significant changes in rail traffic patterns occur. Councilmember Nelson wanted the sentence changed to the following: "The City Council should re-evaluate this strategy if significant changes in rail traffic or the assumptions regarding those traffic patterns occur". He also felt the blocking operations need to be addressed and stated his support for the State of Minnesota Capital Appropriation for Railroad Switching Yard in Glencoe, Minnesota (Item 7b. of tonight's agenda). He wanted to address the north-south connection or Junction. Councilmember Nelson suggested Council adopt the task force recommendations with the additional sentence he talked about. He felt Council must predict the future and Council needs every bit of information at its disposal. Councilmember Nelson suggested sending the Position Statement Summary back to their consultant to gather additional information. Councilmember Sanger believed the Position Statement Summary should be accepted as a starting point. Councilmember Nelson pointed out, from the Position Statement Summary, immediate actions and future actions to be taken and the north connection is in the future action category. Councilmember Sanger called Councilmember Nelson's attention to Page 2 of 6, Paragraphs 5 and 6 to the words if and when. Mayor Jacobs said much of what Councilmember Nelson is suggesting is in the document, the Position Statement Summary, and all the action that is taken on this page or Page 2 presupposes certain assumptions coming true, and if they do not come true, we don't do them. Councilmember Latz believed the debate appeared to regard what the task force recommendations include, e.g., how are the priorities set forth? He believed Councilmembers are interpreting it differently. Councilmember Latz stated Councilmember Nelson's concerns are well grounded, however, it is probably worthwhile to insert a reminder into the adopting resolution language stating that a future government body ought to revisit the underlying assumptions. Councilmember Latz would like to broaden the last paragraph of Page 1 of 1 of the Position Statement Summary to include "or are anticipated to occur." Councilmember Nelson moved that the last sentence on Page 1 of 1 of the Position Statement Summary, which reads "The City Council should re-evaluate this strategy if significant changes in rail traffic patters occur" be amended to read "The City Council will re-evaluate these strategies should significant changes in rail traffic, or assumptions regarding rail traffic patterns, occur." Motion seconded by Councilmember Brimeyer. Mr. Meyer said the Position Statement Summary was very much a part of the task force recommendations and every word of it was discussed and debated. While there is no problem adding something to the resolution to be adopted, Mr. Meyer strongly suggested that no changes be made to the Position Statement Summary itself, rather, the change should be made to the resolution. , Council Meeting Minutes -6- October 15, 2001 Councilmember Nelson responded that he was concerned that changing the resolution may not be enough. Councilmember Latz suggested that if Council wanted to modify the Position Statement Summary, that change should be part of the resolution, and should reflect Council's desire to re-evaluate the assumptions in order to make certain they are valid before concrete steps are pursued. Mayor Jacobs summarized the motions and amendments pending stating that a motion was made on the main resolution by Councilmember Sanger, seconded by Councilmember Santa; and Councilmember Nelson had made a motion to amend the position summary statement, which was seconded by Councilmember Bnmeyer. Councilmember Sanger asked Mayor Jacobs what the specific language of the resolution would be if Councilmember Nelson's amendment was incorporated into the resolution rather than into the position summary statement. The response was that a sentence could be added to the resolve paragraph stating the amendment as suggested by Councilmember Nelson. Councilmember Nelson was agreeable to adding his amendment to the language of the resolution rather than to the position summary statement itself Mayor Jacobs requested a vote on the amendment to the main motion. Motion to amend the main motion by incorporating Councilmember Nelson's suggestion into the resolution passed 7-0. Mayor Jacobs then requested a vote on the main motion. Motion to adopt Resolution No. 01-120 adopting the railroad task force recommendations as amended passed 7-0. Councilmember Nelson believed that the Position Statement Summary should go back to the consultant to review the central assumption which he believed to be whether the rail traffic would continue to go to the north, as it currently does, or whether that traffic will be redirected to the south. Councilmember Bnmeyer responded that he agreed that questioning the central assumption may be a good idea, but felt it may be too soon to return to the consultant. He felt that it would be more logical to ask the consultant to review the assumption after the first of the year. (Note: Item 7c was discussed prior to item 7b) 7b. Resolution of support for State of MN Capital Appropriation for Railroad Switching Yard in Glencoe,Minnesota Resolution No. 01-119 City Manager, Mr. Meyer, said adoption of this resolution would be for the purpose of seeking state capital funding to build a switching yard in Glencoe, Minnesota; and the Glencoe City Council has indicated they would be supportive, however, according to their resolution, they do not intend to financially participate to invite the traffic into Glencoe. Council Meeting Minutes -7- October 15, 2001 Councilmember Santa asked about the timing of the switching yard. Mr. Meyer said a meeting with South Oak Hill residents will take place in about two weeks, and he will anticipate an answer to timing. Mr. Meyer summarily added, no funding is guaranteed but it is anticipated something will happen in 2-3 years, however, not all logistical issues have been nailed down, and there is still the issue of passing track. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 01-119 support for State of Minnesota capital appropriation for railroad switching yard in Glencoe, Minnesota. The motion passed 7-0. Councilmember Latz asked Mr. Meyer if passage of this resolution would become part of their legislative agenda for the 2002 Session, which will largely focus on the bonding bill, and Mr. Meyer responded, yes. 7d. Adoption of a Resolution Establishing 2002 Construction Permit,Business and Contractor Licensing Fees. Resolution No.01-121 Brian Hoffman, Director of Inspections, addressed the Council regarding fees. Mr. Hoffman said, beginning about one year ago, total revision of the licensing ordinance meant all fees were taken out of the ordinance form and put into a fee appendix, and this will be the format to be used for the entire City Code as recodification occurs later this year. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt , Resolution No. 01-121 establishing construction permit, business and contractor licensing fees for the year 2002. The motion passed 7-0. 7e. The request of Jewish Community Center for Final Plat of Jewish Community Center Addition (formerly Cedar Lake Woods Addition). Case No. 01-35-S Resolution No. 01-122 Patnck Smith, Planner, stated the applicant, Jewish Community Center, has modified the parking lot on the south side of the Jewish Community Center Addition; has reconfigured the turnaround to provide a greater buffer between the dnve through and residents to the north; eliminated one entrance into the site; and additional landscaping has been added. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution No. 01-122 approving the Final Plat subject to the conditions and stipulations listed in the resolution. The motion passed 6-0. (Councilmember Nelson was absent). 8. Boards and Committees Councilmember Young reported the City Council makes the following recommendations on three Board vacancies: Mr. Ryan Burt, Board of Zoning Appeals (BOZA); Mr. Bruce Cornwall, Parks and Recreation; and Mr. Paul Pyykkonen, Human Rights Commission. I i Council Meeting Minutes -8- October 15, 2001 It was moved by Councilmember Young, seconded by Councilmember Santa, to approve the recommendations The motion passed 7-0. 9. Communications--None 10. Adjournment Mayor Jacobs adjourned the meeting at 9:25 p.m. Ci Clerk M. orf' la ``