HomeMy WebLinkAbout2001/05/21 - ADMIN - Minutes - City Council - Regular (2) CITY OF OFFICIAL MINUTES
ST. LOUIS CITY COUNCIL MEETING
PARK ST. LOUIS PARK,MINNESOTA
May 21, 2001
1. Call to Order and Roll Call
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), Director of
Community Development (Mr. Harmening), Director of Inspections (Mr. Hoffman), Manager of
Grounds and Natural Resources (Mr. Vaughan), Human Resource Manager(Ms. Gohman),
Economic Development Coordinator(Mr Kleve), and Deputy City Clerk (Ms. Stroth).
2. Presentations
a. Human Rights Essay presentation
Mayor Jacobs congratulated the contest winner Shalisa Wilson and recognized the runners up to
the Human Rights Essay Award.
Human Rights Commissioner Kristin Rudelius-Palmer spoke about the statewide campaign to
advance Human Rights and counter hate and bigotry. Mayor Jacobs congratulated the Human
Rights Commission for their good work and contributions.
3. Approval of Minutes
a. City Council Minutes of May 7, 2001
The minutes were approved with the following changes.
Item 7a, Paragraph 3, change sentence to read "Councilmember Sanger disagreed with the
assumption that this would be a safety hazard and not see the difference between buses stopping
on Louisiana Ave versus buses stopping on Minnetonka Blvd. and Cedar Lake Rd
Item 7a, Paragraph 5, 1st sentence, change Minnetonka Blvd. to Cedar Lake Rd. and add the
sentence " Councilmember Santa made similar comments about Minnetonka Blvd." after the
first sentence.
Item 7b, Paragraph 8, change sentence to read "He stated, based on information presented at
earlier meetings by the City's forestry department, that the overwhelming source of depletion of
trees in St Louis park was not a result of commercial development, but rather, a result of loss of
trees on residential lots "
Item 7b, Paragraph 9, change 2"d sentence to read " Ms Jeremiah stated that the ordinance
requires tree replacement after completion of construction or the City would exercise a letter of
credit to do the replacement
Council Meeting Minutes -2- May 21, 2001
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 appropnate section of the regular agenda for discussion.
a. Approval of Agenda
Councilmember Sanger requested consent item #2, property sale to the JCC be placed on the
regular agenda as Item#7d. It was moved by Councilmember Nelson, seconded by
Councilmember Santa, to approve the agenda as amended. Motion passed 6-0.
(Councilmember Latz was out of the room).
b. Approval of Consent Items
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to approve
the consent agenda with the removal of item 2. Motion passed 6-0.
1. Approve a Temporary On-Sale Intoxicating Liquor License for Tom Lehman Charities
for the Dayton's Challenge Golf Tournament to be held June 2-4 at the Minneapolis
Golf Club, 2001 Flag Ave S, St. Louis Park.
2. Removed from Consent and placed on regular Agenda as Item#7d.
_ 3 Approve Second Reading of proposed zoning ordinance amendment for Section 14: 4-
11 regarding restrictions for tree removal and standards for replacement and section
14: 3-1 definitions, adopt Ordinance No. 2197-01, approve summary ordinance and
authorize publication; and, to adopt Resolution No. 01-040 establishing a fee of$90
per caliper inch for cash-in-lieu of trees. Case number: 01-16-ZA.
4. Approve Second Reading of Vending Machine License and Vanous Temporary Use
Permits; adopt Ordinance No. 2198-01, approve the summary, and authonze
publication; and to adopt Resolution No. 01-041 setting fees for those licenses and
permits.
5 Bid Tabulation. To designate Bituminous Roadways, Inc. as the lowest responsible
bidder, and authonze execution of a contract for the 2001 removal and replacement of
the four tennis courts at Aquila Park in an amount not to exceed$43,995.00 for Capital
Improvement Project—Removal and Replacement of four Tennis Courts at Aquila
Park.
6. Bid Tabulation. To designate F. F. Jedlicki, Inc. the lowest responsible bidder and
authorize execution of a contract with the firm in the amount of$60,044 00 for
stormwater improvement project at 8911 Westmoreland Lane—Area No. 3 —City
Project No. 01-13.
7. Bid Tabulation: To designate Bituminous Roadways, Inc. the lowest responsible
bidder for conventional and driveway bituminous mixture No. 2340, and Midwest
Asphalt the lowest responsible bidder for bituminous cold patch material and authonze
execution of contracts with the firms in the amount of$58,250.00 and$4,900.00,
respectively
Council Meeting Minutes -3- May 21, 2001
8. Adopt Resolution No. 01-042 to enter into an Agreement with Hennepin County for
the installation of a traffic signal system at the intersection of Excelsior Boulevard
(CSAH 3) and Natchez Avenue.
9. Motion to accept the following reports for filing:
a. Planning Commission Minutes of May 2, 2001
b Housing Authority Minutes of April 11, 2001
c Police Civil Service Commission Minutes from May 15 to December 21, 2000
d Fire Civil Service Commission Minutes from March 15 to December 21, 2000
e. Vendor Claims
f Human Rights Commission Minutes of April 18, 2001
5. Public Hearings - None
6. Requests, Petitions, and Communications from the Public - None
7. Resolutions, Ordinances,Motions
7a. Public Safety Dispatch Contract for 1/1/01 - 12/31/01
Ms. Gohman gave a staff report outlining the details of the proposed contract. It was moved
by Councilmember Sanger, seconded by Councilmember Santa, to approve the contract.
Motion passed 7-0. Councilmember Latz felt it was a fair and mutual process where both
parties look to maximize their benefit and come to an agreement. Councilmember Nelson
wanted to congratulate both parties on a the contract agreement.
7b. Request by Sholom Community Alliance for preliminary and final plat and
- PUD approval for Assisted Living Building with Alzheimer's Pavilion
Case Nos. 01-07-S and 01-18-PUD 3610 Phillips Parkway
Resolution No. 01-044
Mr. Harmening presented a staff report as well as an aerial view map. He stated that the
Zoning Ordinance does permit this development, there are no vanances being requested or
requirement waivers for PUD or plats. He stated that there is one condition that still must be
addressed prior to issuing an occupancy certificate, which is non-emergency medical calls
Fire department personnel are working on the issue and ways are being explored throughout
the City to address it
Mr Harmening stated then that the applicant is replotting the site. The Planning Commission
had voted unanimously to approve both the preliminary and final plat and PUD subject to the
conditions in the resolution.
Mr Harmening introduced Robert Feller, project architect, and Herb Margolis, consultant for
Sholom Alliance.
Councilmember Santa stated that in the staff report, the project is required to 176 parking
spaces and the proposed number is 311. She felt this was excessive and wondered if this was
to be used as shared parking. Mr. Feller commented this would be shared parking among the
entire facility.
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Council Meeting Minutes -4- May 21, 2001
Councilmember Bnmeyer inquired how the non-emergency calls were treated. Mr.
Harmening replied they are actual calls made for service and City personnel do show up,
mostly for calls that are not highly critical. He stated that the number of calls has been
increasing while more of these facilities are being built in St. Louis Park. He reported that
the Fire Department is interested in working with the applicants to find ways to reduce the
number of those calls by having on site medical personnel at the facilities. Mr. Margolis
explained that they have experienced a problem of this sort before and part of the resolution
to it is in the facility they would develop. He stated the different medical needs of senior
housing, nursing homes, and assisted living. Their intent is for the Knollwood facility to go
back to the onginal intent of an adult living facility for the building. He said they hope that
they can have a facility that is used for those truly in need of assistance and that the number
of residents in nursing homes will go down due to an increase of assisted living options. He
stated that assisted living facilities are receiving a large, favorable response locally and
nationally. He added they would be a help to the fire department because their assisted living
facilities have nurses on each floor that know how to respond to these situations and
hopefully the fire department will receive less calls, therefore resolving that problem.
Councilmember Bnmeyer did not want city personnel to not respond to a call because
nursing staff was on duty. He felt that when facilities of that nature are in the community
you must attend to the calls received even if the call is non-emergency. Mr. Margolis state
that by having nurses on staff, they keep the situation monitored and they know whether it's
something they can handle on their own. He hoped that the calls for service would decrease
around sixty-five percent by taking this measure.
Councilmember Nelson asked the Mayor and City Manager if the issue of non-emergency
calls will be brought forward to Council since the city is looking into the situation and it is a
citywide problem. Mr. Meyer replied that staff has hopes to do so. However, as
development proposals come in, assertions are made that medical staff will be on site, but
seem to fade out as time goes on or efforts are not made to contact medical staff, though that
is not necessarily the case with this application. Mr. Meyer stated that with the number of
calls that go out to the facilities all over St. Louis Park, staff will work with the facilities so
that they have adequate staff and procedures so that staff and residents would be able to
properly handle situations as they anse
It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt
Resolution No. 01-044 approving the preliminary and final plat and preliminary and final
PUD for Sholom Community Alliance, subject to the conditions included in the resolution.
The motion passed 7-0.
7c. Approve Sholom Community Alliance Private Activity Revenue Bonds
Resolution No. 01-043
Mr. John Utley, bond counsel, was in attendance to answer any questions
Mayor Jacobs wanted clarification about the percentage of money the City receives from
issuing these bonds. Mr. Meyer replied that the ordinance states that one-eighth of one
percent of the outstanding bonds that are issued are paid over to the City. That fee could be
used for general revenue but is now used to fund neighborhood revitalization instead. He
added that this fee doe apply to this bond application as well.
Council Meeting Minutes -5- May 21, 2001
Councilmember Sanger asked for an explanation of the financial interest or any other
interests that the City has in issuing these bonds., Mayor Jacobs stated it was his
understanding that the City has no particular interest or obligation in the interest of the bonds.
Mr. Utley stated that these transactions are structured for the City to issue the bonds and
proceeds are loaned to the borrower with the borrower agreeing to pay the City in amounts
that are sufficient for the City to pay the bonds. When speaking of a conduit between the
bond holder and the borrower, the City passes the proceeds and loan payments through. The
interest of the City in the obligations of the borrower to make those payments. Mayor Jacobs
wanted it to be clear that since this is a revenue bond, it does not obligate the full faith and
credit of the City of St. Louis Park. Mr. Utley clarified that the payments and revenue come
directly from the facility and the City is procluded from using other assets to pay the bond.
Councilmember Nelson asked what security is provided to the bond holder in the event of a
default. Mr. Utley replied, that in this case, the bonds will be secured by the pledge of
revenue to the City as well as the mortgage
It was moved by Councilmember Santa, seconded by Councilmember Latz, to approve
Resolution No. 01-045 allowing Sholom Community Alliance to issue up to $19,000,000 in
Private Activity Revenue Bonds and approve all documents in connection with the bond
issue. Motion passed 7-0.
7d. Approve 2"d Reading of ordinance relating to the Sale of City Property located
south of the Jewish Community Center at 4326 Cedar Lake Road and
authorize execution of the amendment. Ordinance No. 2199-01
Councilmember Sanger explained that she removed this item from the consent agenda in
response to calls that she had received in which they inquired to what the use of the property
will be She stated that the land in question provided a good buffer between the JCC and the
-,
Cedar Lake bike and walking trail. Councilmember Sanger stated that she is highly
supportive of selling land to the JCC though she understands the concern that has been
expressed.
Mr. Harmening explained why the price reduction came to be as well as the need for a new
ordinance for the sale of land. He stated that no other changes are being proposed for the
purchase agreement. He said the agreement allowed both the JCC and the City from closing
on the property until all land use and planning approvals are given. He added approvals that
will be needed in the future are a plat, rezoning, and an amendment to their special permit.
Mr. Harmening stated that the proposed use for this property is fairly limited. Based upon
conversations with the JCC, they hope to use a portion for parking lot extension.
Notifications will be sent out when plans come before Council.
Martha Abbott Lamar, 1414 Tyrol Trail (Golden Valley), informed Council that she was a
member of the the South Tyrol Hills Neighborhood Association and they had met with Jeff
Hachtman, director of the JCC, who told them that they do not intend to construct a building
on the land and would like to expand the parking lot. She felt that the land in question
provided a nice edge to the trail. She added that the neighborhood would like Council to add
a condition to the purchase agreement, a conservation requirement that the land be
maintained as a naturally wooded buffer that shields the JCC from the trail. She stated that if
that land were sold again that it forever be maintained as a buffer. She had concerns over
any future sale of the land. She hoped, if the land is later sold, this buffer will be preserved
and maintained by any and all future owners, and be a condition of any sale.
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Council Meting Minutes -6- May 21, 2001
Mr Harmening noted that the anyone who wanted to development or sell the land for
residential use must first have the property re-guided.
Councilmember Nelson stated that the purchase price was even with market value and that
with a condition such as the one suggested, they could not receive the same purchase price.
He felt that if the City wanted this land as a park, it should not be sold at all. He noted that
the tree replacement policy would apply to land and any trees destroyed in the building of a
parking lot would need to be replace in St. Louis Park. Mr. Harmening explained the tree
replacement policy to Ms. Lamar.
Councilmember Sanger stated that her understanding was that the JCC voluntarily is willing
to leave a majority of the trees for a buffer stnp. She asked Mr. Harmening what would be
needed to see the land was not built upon and whether it would need to be rezoned. Mr.
Harmening replied that the JCC requested that the land be guided as civic rather than
residential. He added that the JCC had an incentive to leave as many trees as possible, as it is
very expensive to replace them.
Mayor Jacobs inquired about inserting a new clause into the agreement now. Mr. Harmening
replied that there is not currently anything with that type of condition now and if it were to be
done, the matter must go back to the JCC.
Mr. Harmening informed Ms. Lamar that there is public access to the land He added that
developments could be placed on the site, however, there is an utility the runs along the
middle of the land.
Mr. Hachtman stated that it is the JCC's intention to do as little with the property that they
can do other than using it for a small amount of parking plus a buffer strip. He would like to
assure the neighbors that the JCC has no desire to buy and then develop and sell the property.
Mr. Margolis, development consultant for the JCC, stated that the property has very large
amounts of rocks on it that would be very hard to move. He said that they would be affecting
less than ten percent of the trees and only one and a quarter acre of land on the six acre lot.
Mr. Margolis said that he was very concerned about the citizens to the north in Golden
Valley and providing the proper buffers. They are prepared to have neighborhood meetings
or on an individual basis. He stated they would be somewhat uncomfortable placing other
restrictions on the property because they do not know what may happen in the future and
feels there are enough measures in the approval process to deal with anything that happens in
the future.
Don Weiss, 1500 Alpine Pass (Golden Valley), inquired where the easement runs in relation
to his neighborhood. Mr. Harmening replied that the City's easement runs east to west
through the middle of the property and is not near to the northern edge of the property. Mr.
Meyer stated that they have a sanitary sewer on the northern side of the property that runs
east to west. Mr. Weiss wanted Council to think about adding additional conditions to the
agreement because of the fact that the future for the property is vague.
Councilmember Latz stated that there will be more time to look at buffer zones. He asked for
clarification on the sale price of $303,750.00 and he believed that it was a fair and justifiable
price.
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Council Meeting Minutes -7- - May 21, 2001
Councilmember Sanger agreed that the additional steps in the approval process will allow
them to be sure than an adequate number of trees were placed on this property in the process.
She would like to give notice to the public on the expected timeline for this process. Mr.
Margolis stated that their intent is to apply for zoning and platting permits almost
immediately. The preliminary plans are being formalized. He anticipated that they may start
construction in September Mr. Harmening asked Council if they would be willing to extend
the purchase agreement deadline for closing for a small amount of time to allow for the
planning process to be completed. The deadline is in August. Mayor Jacobs stated they
would address the issue at a later date.
It was moved by Councilmember Sanger, seconded by Councilmember Bnmeyer, to approve
second reading of the ordinance which amends Ordinance No. 2154-00 relating to the sale of
certain City owned property located at 4326 Cedar Lake Road, adopt Ordinance No. 2199-
01, approve summary and authonze publication and to authonze the Mayor and City
Manager to execute an Amendment to Real Estate Purchase Agreement between the City of
St. Louis Park and the Jewish Community Center to adjust the sale pnce for the subject
property Motion passed 7-0
Councilmember Latz inquired if a closing date could be addressed tonight. Mr. Scott said
they could address the issue tonight, but it would not be necessary. Councilmember Latz did
not want to rush the approval process and feels it would be appropriate to extend the
purchase agreement deadline Councilmember Nelson did not want to extend purchase
agreement but does agree with the purchase pnce that was set. Councilmember Sanger
supported an extension of the deadline. Mayor Jacobs stated that he had not yet made a
decision to extend the deadline, and there were other options he would like to explore.
Councilmember Sanger did not feel that this needed to be decided tonight. Mayor Jacobs
' agreed and did not feel comfortable going forward at this time. Councilmember Santa
agreed
8. Boards and Committees
a. Appointments to Boards and Commissions
Mayor Jacobs thanked all applicants who volunteered to serve on a board or commission.
It was motioned by Councilmember Young, seconded by Councilmember Bnmeyer, to appoint
the applicants below to the boards and commissions list below.
Stephen Simon Community Education Advisory Council
Kirk Hawkinson Parks and Recreation Advisory Commission
Pat Rogers Human Rights Commission
John Mann Human Rights Commission
Tim Dornfield Board of Zoning Appeals
Mayor Jacobs stated that they still have one vacancy on the Human Rights Commission.
Council Meeting Minutes -8- May 21, 2001
9. Communications
Mayor Jacobs reminded everyone of the conference at the High School on diversity that was
sponsored by the Human Rights Commission.
10. Adjournment
The meeting was adjourned at 8:50 p.m.
/IP
ty Clerk M. or/1