HomeMy WebLinkAbout2002/04/15 - ADMIN - Minutes - City Council - Regular (2) CTY OF OFFICIAL MINUTES
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LOUIS CITY COUNCIL MEETING
RK ST. LOUIS PARK, MINNESOTA
April 15, 2002
1. Call to Order
Mayor Pro Tern Latz called the meeting to order at 7:30 p.m.
The following Councilmembers were present at roll call: Jim Bnmeyer, Chris Nelson,
Susan Sanger, Sue Santa, Sally Velick, and Mayor Pro Tem Latz.
Mayor Jeff Jacobs was absent
Also present were the City Manager (Mr Meyer); City Attorney (Mr. Scott); Community
Development Director (Mr. Harmening); Economic Development Coordinator (Mr. Hunt);
Planning and Zoning Supervisoi (Ms Jeremiah); Director of Public Works (Mr. Rardin);
Director of Finance (Ms McGann); City Engineer (Ms. Hagen), City Clerk (Ms. Reichert);
Community Outreach Coordinator(Ms. McDonell); and Recording Secretary (Ms.
Samson).
2. Presentations--None
3. Approval of Minutes
3a. City Council Minutes of April 1, 2002
The minutes were approved as presented with the following change.
Councilmember Nelson would like to make the following re-clarification regarding
charitable gambling. Councilmember Nelson said he opposes charitable gambling and, if
he were consistent, he would make it as tough as possible to comply with this ordinance
and strengthen the TAR in order to drive out gambling, but that would be inappropriate; he
opposes the imposition of the TAR restrictions
3b. Study Session Minutes of March 25, 2002
The minutes were approved as presented with the following changes:
In reference to Page 16, Paragraph 4, Councilmember Sanger would like to clarify that the
carts (rn refuse collection, single stream recycling collection, and spi Ing cleanup weie
discussed but not appioved.
Councilmembei Sanger would like the Study Session minutes to reflect that she is opposed
to adding any components as a required element of the solid waste contract when that
particular element would only be available from one possible vendor, particularly, when
the vendor is an incumbent vendor, and she supports opening the process to multiple
vendors for solid waste collection
Council Meeting Minutes -2- April 15, 2002
Councilmember Nelson interjected that Council liked the concept of carts for refuse
collection, single stream recycling, and spring cleanup He stated Council reached a
consensus--however--no contracts are being approved at a Study Session.
Councilmember Sanger responded she does not agree with any position stating that there is
a consensus on single stream recycling.
City Manager Charlie Meyer stated the Council only gave the okay to continue discussion
on these items and not that any programs were being approved.
Councilmember Santa reported that she was listed as being present at the Study Session
meeting and she was not.
3c. City Council/Park Nicollet Minutes of March 18, 2002
The minutes were approved as presented.
4. Approval of Agenda and Consent Items
NOTES 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. Approval of Agenda
City Manager Charlie Meyer clarified that Staff has distributed a slightly amended agenda
for Item 7e, which now contains a technical amendment
It was moved by Councilmember Nelson, seconded by Councilmember Velick, to approve
the agenda.
The motion passed 6-0.
4b. Approval of Consent Items
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve
the following Consent Agenda Items.
The motion passed 6-0.
1. Designate Glenn Rehbein Excavation, Inc. as the lowest responsible bidder and to
authorize execution of a contract for the construction in the Oak Park Village site
at a cost not to exceed $ 1,128,322.50.
2. Designate Park Construction Company the lowest responsible bidder and
authorize execution of a contract with the firm in the amount of$130,469.00 for
Storm Sewer Improvements in area#13a (W. 36th Street and Wyoming Avenue) —
City Project No. 01-07.
Council Meeting Minutes -3- April 15, 2002
3. Designate Spalj Construction, Inc. (d/b/a Tjader& Highstrom, Inc ) as the lowest
responsible bidder and authorize execution of a contract with the firm in the
amount of$139,193.12 for the Water Main Improvement Project, City Project
No. 02-10.
4. Designate Hardnves, Inc. the lowest responsible bidder and authorize execution
of a contract with the firm in the amount of$1,766,900.35 for Excelsior
Boulevard Reconstruction Project—Quentin Avenue to Monterey Avenue and
Monterey Avenue from Excelsior Boulevard to W. 38th Street—Phase III (City
Project Nos 99-05 —Roadway/Streetscape and 01-04—Signals)
5 Authorize execution of a contract with Calgon Carbon Corporation for the
purchase of Granular Activated Carbon (GAC) Supply Contract in the amount of
$53,600
6. Adopt Resolution No. 02-044 appointing Carlton Moore, Member and Maria
Hagen and Jim Vaughan, Alternate Members to the Technical Advisory
Commission of the Bassett Creek Water Management Commission.
7. Adopt Resolution No. 02-036 adopting changes to the Bias/Hate Crime Response
Plan as amended and dated April 2002
8 Adopt the following reports for filing:
a. Charter Commission minutes of January 16, 2002
b. Board of Zoning Appeals Meeting Minutes of February 28, 2002
c. Planning Commission Minutes of March 20, 2002
d. Vendor Claims
5. Public Hearings
5a. Public Hearing— West Suburban Housing Partners Private Activity Revenue
Bond. Resolution No. 02-037
Jean McGann, Finance Director, said there has been an increase in the dollar amount of the
bond issue, and the increase only affects the taxable portion of the bond issue. The bank
rating is at an A-, which is lower than the City's bond rating Ms. McGann said some site
plan issues have yet to be resolved prior to the sale of the bond.
Councilmember Sanger asked if the City is at risk because the bank rating of the bond is
lower than the City's bond rating, and Ms McGann replied no.
Councilmember Nelson referred to the bond resolution, Page 22, Section I, which states a
minimum of 20% of affordable housing units is required for a tax exempt status, however,
there is no expression of a maximum percentage in the bond resolution, conversely, the
Staff report expresses a 26% maximum.
John Utley, bond counsel from Kennedy & Graven, said the statutory requirement of 20%
was included as a minimum to meet legal requirements, and a maximum would be stated in
the documentation, which would be part of the bond issue; it would be part of the
transaction and no closing will take place until the transaction meets the requirements of
the City in that regard.
Council Meeting Minutes -4- April 15, 2002
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to
approve Resolution No. 02-037 authorizing the issuance, sale, and delivery of
multifamily housing revenue bonds for West Suburban Housing Partners, and to amend
the resolution by adding "but no more than 27%of the dwelling units in the project"
immediately after "at least 20%"on Page 22, Section I, of the resolution.
Mr. Meyer asked what the consequences would be if the Applicant were to transgress the
minimum or exceed a maximum. Mr. Utley said the consequence of falling below the
minimum is the potential loss of the tax exemption on the bonds, and that would affect the
bondholders Mr. Utley said exceeding the maximum, if there was a maximum, would
violate the contract with the City and would be enforceable by the City, but would not
affect bondholders.
Councilmember Santa is adamantly opposed to Councilmember Nelson's amendment but
will very reluctantly support the amendment because she wants this project to go forward.
Mayor Pro Tem Latz thinks the percentage of affordable housing units should be at least
40% based on a 60% median income.
Mayor Pro Tern Latz said he will stand in the way of this project if the amendment is a part
of it; the amendment is unfair and punitive to the Applicant, and there is a natural economic
limit to the number of affordable housing units this building can support. Mayor Pro Tern
Latz referred to the project as workforce housing, meaning a family of four must have an
income of$35,000 per year. The renters would be paying the median rent of St. Louis
Park.
Councilmember Sanger supports the amendment because she opposes an over
concentration of affordable housing in one particular building, and the amendment reflects
what the Applicant has already stated he will build, and it reflects Council's prior
discussion and position with the exception of Mayor Pro Tem Latz' position.
Councilmember Sanger will not support the motion unless the amendment is included.
Councilmember Nelson said the intent of his amendment is to incorporate the ratio of 25%
or 26% into the bond resolution so that there is no question that it will appear in the City's
documents later. He added, if it is true that it doesn't make economical sense for the
developer at the 50% ratio, then one wouldn't do it anyway. Councilmember Nelson
doesn't perceive a maximum, stated in writing, to be problematic. He said if 25% works,
and six votes can be achieved, let's do it, and if that doesn't work, the resolution should be
voted down.
Applicant Todd Urness, 2630 Countryside Drive, Orono, stated he agreed with both sides.
Mr. Urness said the compromise that had been reached was 25% but he is willing to have
in the resolution that the opportunity is available to have 23 units of affordable housing
with no City or county subsidies. Mr. Urness addressed the Council: Is the project good
enough to create 23 units of affordable housing at 50% of the median income without
subsides and, if it is good enough, set aside philosophical differences and issues, which will
not be productive for this project any further, and support this resolution.
Councilmember Brimeyer said to send the Applicant away without six votes would be
unfair.
Council Meeting Minutes -5- April 15, 2002
Mayor Pro Tern Latz asked Mr. Urness if he would have the flexibility to reduce rents on
one or two units if a family of four were close to meeting the market rate rent payments.
Mr. Urness said the federal requirement is 20% and that is what West Suburban Housing
Partners ("WSHP") is striving for, but WSHP has requested 25% because if a renter falls
off, one way or another, or if a file is lost, a 5% margin has been built in, and he is
comfortable with 26%. He said he is committed to work with the City.
Mayor Pio Tern Latz said given the Applicant's position that he will not feel constrained by
the proposed 27% cap and that it fits within the Applicant's anticipated uses of the
property, he will not stand in the way of this project, however, the City is missing a great
opportunity and, more importantly, some of the working people who would otherwise live
here will be losing an opportunity and the City will lose the benefit of having those people
hese as part of the community. Mayor Pro Tein Latz will vote very reluctantly in favor of
this resolution because he would rather see the project go forward than die.
Like Mayor Pro Tern Latz, Councilmember Brimeyer said he is not voting his conscience
on this matter. Councilmember Bnmeyer said the term low income should not be used, Mr.
Urness responded the term is workforce housing.
Mr. Meyer said there is a difference between subsidized housing (Section 8) and workforce
housing
The motion passed 6-0.
5b. Public Hearing to Consider Resolution Authorizing Renewal of Gambling
Premises Permit for the St. Louis Park Hockey Boosters Association at Bunny's
Bar and Grill located at 5916 Excelsior Boulevard. Resolution No. 02-038
City Clerk Cindy Reichert said this is a renewal for a two-year premises permit for the St
Louis Park Hockey Boosters Association, and all requirements have been met.
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve
Resolution No. 02-038 authorizing renewal.
The motion passed 5-1. (Councilmember Nelson opposed).
5c. Public Hearing to Consider Resolution Authorizing Gambling Premises Permit
for the Hopkins Raspberry Festival Association Inc, at Al's Bar located at 3912
Excelsior Boulevard. Resolution No. 02-039
Ms. Reichert said this is a new premises permit application to fill a vacancy, and the
Applicant has fulfilled all iequiiements of the ordinance.
It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to
approve Resolution No. 02-039 authorizing renewal.
The motion passed 5-1. (Councilmember Nelson opposed).
Council Meeting Minutes -6- April 15, 2002
6. Requests, Petitions, and Communications from the Public--None
7. Resolutions, Ordinances, Motions
7a. Neighborhood Revitalization Grant Awards. Resolution No. 02-040
Community Outreach Coordinator Martha McDonell addressed the Council regarding
annual community building grants. Ms. McDonell reported that Council makes about
$40,000 available in grant awards to neighborhoods, and$45,000 had been requested by
the neighborhoods. After some reductions were made to individual neighborhood requests,
a small surplus is on hand.
Mayor Pro Tern Latz asked Ms. McDonell how Council should proceed with the
Committee's recommendations for changes to future criteria. Ms. McDonell said the
guidelines are updated yearly due to the nature of the grants process and based on
neighborhood feedback; information will be passed on to Council, and grant awards will be
discussed at Study Sessions.
Councilmember Nelson commented on the funding or non-funding for activities associated
with religious holidays and, as a guideline, if the City can do it, then it is acceptable for the
neighborhoods to do it—if they are using grant money
Councilmember Sanger asked when will the City clarify its plans for a citywide dumpster
day or clean up day. Mike Rardin, Director of Public Works, said it could be done as soon
as next year
Bob Kusnetz, 2530 Inglewood Avenue South, co-chair of the Fern Hill Steering
Committee, thanked the Council for the grants program and for the entire neighborhood
association program, which brings the issues of government to the residents' level Mr.
Kusnetz submitted an amended budget for the Fern Hill Neighborhood Grant.
Chris Johnson, 6206 Cedar Lake Road, President of the Blackstone neighborhood, thanked
the Council for their support.
It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt
Resolution No. 02-040 approving the 2002 neighborhood revitalization grants and
authorizing the City Manager to execute grant agreements with the neighborhoods.
Councilmember Sanger asked about adding $400 to the Fern Hill grant and Ms. McDonell
said she would recommend the addition but she stated she thinks the grant should remain
within the $4,000 grant limit, the Grant Review Committee had granted $3,600 to Fern
Hill.
Rick Person, a citizen representative on the Grant Review Committee, said$4,000 is
granted to a neighborhood without regard for its size, and that may be something the
Council would like to consider in the future, i.e., perhaps larger neighborhoods should
receive more money.
It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to add$400
for the Fern Hill Association.
Council Meeting Minutes -7- April 15, 2002
At a future Study Session, Councilmember Brimeyer would like to discuss the acquisition
of playground equipment and who pays for it, and the purpose of grants and how grant
monies are spent. He does not favor using neighborhood grant funds for the purchase of
playground equipment.
Councilmember Nelson asked,_when neighborhoods match grants with fundraising efforts,
is it tax deductible, can the City be a fiscal agent so that neighborhood donors can receive a
tax deduction? Ms. McDonell said very little cash is put up towards the match for the
grants. City Attorney Mr. Scott stated he believes donations directly to the City are tax
deductible.
The motion passed 6-0.
7b. Second reading of an ordinance reconfiguring ward boundaries and resolution
establishing precincts. Ordinance No. 2223-02 and Resolution No. 02-041
City Clerk Cindy Reichert reported the City is at the last stage in the redistricting process.
Ms. Reichert said the legal description regarding railroad lines has been changed slightly.
The precinct lines have changed and there are fewer precincts to save costs. The new
polling places will be Benilde-St. Margarets High School, Groves Learning Center, and
Aldersgate United Methodist Church
•
It was moved by Councilmember Sanger, seconded by Councnlmember Velick, to approve
Ordinance No. 2223-02 reconfiguring ward boundaries, authorize publication of the
ordinance in its entirety; and to adopt Resolution No. 02-041 reconfiguring precinct
boundaries.
The motion passed 6-0.
7c. City Engineer's Report: 2002 Sidewalk Improvement Project, City Project
No. 02-01
Mayor Pro Tern Latz reported the absence of the Staff report in regard to this item.
Charlie Meyer recommended placing this item on the Study Session agenda for Monday,
April 22 for discussion and direction; and place this item on the City Council agenda for
Monday, May 6 for formal approval.
Councilmembers agreed with Mr Meyer.
7d. Request by J. Evan Johnson (Thermetics, Inc.) for Preliminary and Final Plat
approval including a variance to the subdivision ordinance sidewalk
requirements for the Evan Johnson Addition at 1401-1413 Colorado Avenue
South. Case No. 02-13-S and 02-14-VAR Resolution No. 02-042
Planning and Zoning Supervisor Janet Jeremiah said the Applicant has stated he is willing
to install the required sidewalk along Colorado Avenue and 14th Street but he is concerned
about having to remove some bufferyard plantings that had been required when he built the
building addition several years ago.
Council Meeting Minutes -8- Apnl 15, 2002
Staff thinks a development agreement is not warranted in this case as long as financial
sureties are received for the sidewalk improvement and any repair and cleaning of public
streets, which is required to accommodate construction. Ms. Jeremiah said the remaining
issue, to incorporate some landscaping in the parking lot, can be accommodated with some
design adjustments, and Staff will continue to work with the Applicant on that.
Applicant J. Evan Johnson said, if given a choice, he would not pay for the sidewalk but he
is aware of its necessity, and he agrees with Staff's recommendation to deny the variance to
the sidewalk requirements.
It was moved by Councilmember Velick, seconded by Councilmember Brimeyer, to adopt
Resolution No. 02-042 approving the preliminary and final plat, denying the variance to
the sidewalk requirements, and waiving the requirement for a development agreement
subject to the conditions and findings in the proposed resolution.
The motion passed 6-0.
7e. Consideration of the establishment of Special Service District#3 (along Excelsior
Boulevard between Quentin Avenue and Monterey Drive) and the imposition of
a service charge within the District.
Ordinance No. 2224-02 and Resolution No. 02-043
Mr. Hunt noted some refinements were made to the resolution based on new information
provided by the City's consultants: There was a miscalculation of the sidewalk area in
front of the Lang-Nelson building and a corresponding reduction in the budget was made;
and minor adjustments were made to most properties' assessments, i.e., for the most part,
the adjustments were less than $20.00 per property. Mr. Hunt said the refinements are
presented in the revised resolution, however, the ordinance remains the same.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve
2nd reading of the ordinance to create Special Service District#3, adopt Ordinance No.
2224-02, approve summary, and authorize summary publication.
The motion passed 6-0.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve
Resolution No. 02-043 imposing a service charge for Special Service District#3.
The motion passed 6-0.
8. Boards and Committees
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to appoint
Shepard Harris and Julie Kirsch to the Human Rights Commission.
The motion passed 6-0.
Council Meeting Minutes -9- April 15, 2002
9. Communications
From the City Manager—Mr Meyer announced that in the current edition of City
Business, Best in Real Estate 2001, Park Commons is listed as the winner for Multi-Family
Housing Project Best of Real Estate in the Twin Cities, Excelsior and Grand project. Mr.
Harmening attended the ceremony to witness the award presentation by City Business, Best
in Real Estate.
From the Mayor—Mayor Pro Tern Latz reminded everyone of the Second Annual
Mayor's Youth Summit, which will be held Monday, April 29th, 5:30 p.m.-8:30 p.m. at the
St. Louis Park Junior High School. Dinner will be served, and there is no cost to attend.
10. Adjournment
It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to
adjourn the meeting.
The motion passed 6-0.
Mayor Pro Tern Latz adjourned the meeting at 9:14 p.m. ..
S cretary Ma or