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HomeMy WebLinkAbout2003/03/17 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA March 17, 2003 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 Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Public Works Director (Mr Rardin); City Engineer(Ms. Hagen); Finance Director(Ms McGann); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator(Ms Erickson), Associate Planner (Ms. Grove), Environmental Coordinator(Mr. Vaughan); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of March 3, 2003 The minutes were approved with the following changes. From Councilmember Nelson: Item 8a, Page 4, Paragraph 2, Sentence 2, delete• the study adequately addresses From Councilmember Nelson: Item 8a, Page 6, Paragraph 2, the last word of that paragraph, delete policy and replace with hearing. From Councilmember Nelson Item 8a, Page 6, Paragraph 4, at the end of the paragraph ' add Councilmember Nelson would like to clarify that the resolution incorporates the language suggested by Mr Meyer, :.e , the Quadion site west of Wooddale Avenue. From Councilmember Nelson• Item 8a, Page 6, Paragraph 7, delete: The concerns were not adopted into the final report and replace with The concerns of Council about Quadion's density were not adopted or included into the final report. From Councilmember Sanger Item 8a, Page 5, Paragraph 4, delete: Councilmember Sanger does not want to bind on one particular issue, and replace with Councilmember Sanger wanted clarity on one particular issue, 3b. Study Session Minutes of February 10, 2003 The minutes were approved as presented 3c. Study Session Minutes of February 3, 2003 The minutes were approved as presented. Council Meeting Minutes -2- March 17, 2003 4. Approval of Agenda and Items on Consent Calendar NOTE The Consent Calendar lists 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 Approve the attached agreement with Hennepin County for an Environmental Response Fund Grant for Edgewood Area Properties 4b Adopt Resolution No. 03-032 rescinding parking restrictions on Quentin Avenue north of Excelsior Boulevard to Park Commons Dnve and adopting Resolution No. 03-033 for installation of new parking restrictions 4c Adopt Resolution No. 03-034 rescinding Resolution No 99-161, which authorized "One Hour Parking" restrictions on Louisiana Circle 4d Adopt Resolution No. 03-035 that declares the petition adequate for the purposes of preparing a formal City Engineer's Report on the feasibility and costs associated with a proposed alley improvement project in the 2700 block of Raleigh and Salem Avenues 4e Adopt Resolution No. 03-036 to approve St. Louis Park Lions Club's application for the placement of 7 temporary signs in the public right-of-way 4f Accept for filing the Park and Recreation Advisory Commission Minutes of January 16, 2003 4g -Accept for filing the Board of Zoning Appeals Minutes of December 3, 2002 4h Accept for filing the Board of Zoning Appeals Minutes of January 23, 2003 4i Accept Vendor Claims for filing (Supplement) It was moved by Councilmember Velick, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Telecommunications Advisory Commission 2002 Annual Report The Telecommunications Advisory Commission ("TAC") presented its 2002 report to the Council Dale Hartman, TAC Chair for 2002, introduced TAC Commissioners Bruce Browning, Ken Huiras, and Rolf Peterson, who were in attendance. Additional Commissioners include Rick Dworsky, Bob Jacobson, and Mary Jean Overend. Reg Dunlap, the TAC staff liaison was also present. Current TAC Chair Huiras listed items on the TAC's work plan for 2003 Mayor Jacobs thanked the Commissioners for their report, and Councilmember Nelson expressed appreciation to the TAC regarding his proposal to replay City Council meetings more frequently. Mayor Jacobs thanked Reg Dunlap and John McHugh for their good work Council Meeting Minutes -3- March 17, 2003 It was moved by Councilmember Velick, seconded by Councilmember Omodt, to receive Annual Report for filing. The motion passed 7-0. 6. Public Hearings 6a. Public Hearing on renewal of a natural gas utility franchise agreement with CenterPoint Energy Minnegasco Resources Corporation Public Works Director Mike Rardin gave a brief overview of the franchise agreement with Minnegasco, now known as CenterPoint Energy Minnegasco Resources Corporation ("CPEMR") The franchise agreement will expire June 30, 2003 Mr. Rardin discussed the eleven sections of the proposed agreement. One change to the agreement is that the, term of the agreement shall be reduced from 20 years to 10 years. Mayor Jacobs opened the public hearing. Connie Hargest represents CPEMR, 800 LaSalle Avenue, Minneapolis, 55402, and she said CPEMR has no major problem with a 10-year agreement but they would prefer a 20- year term to avoid administrative costs. Ms. Hargest thanked Mr. Rardin and city staff. She distributed information to the Council on the history of the company's service to the city Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt first reading of an Ordinance as drafted with a 10-year expiration date, granting CenterPoint Energy Minnegasco a non-exclusive natural gas utility franchise and set Second Reading for April 7, 2003 The motion passed 7-0. 7. Resolutions, Ordinances, Motions 7a. Accept the FIN (Fishing In The Neighborhood) Program at Wolfe Lake Environmental Coordinator Jim Vaughan briefly explained the Fishing In the Neighborhood ("FIN") program, which is sponsored by the DNR. The FIN program annually stocks a variety of fish in lakes, particularly Wolfe Lake, which creates a local fishing opportunity for residents and increases appreciation for natural resources. Mark Nemeth, DNR West Metro Fisheries, 9925 Valley View Road, Eden Prairie, presented information on both Items 7a and 7b in regard to FIN in general and Wolfe Lake in particular Councilmember Omodt asked about ice safety with an aerator on a small lake Mr. Vaughan responded that there may not be a need for an aerator given an existing cascading waterfall, which is a pump system Mr. Vaughan said warning signs would be posted. . S M Council Meeting Minutes -4- March 17, 2003 It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve and accept the FIN(Fishing in the Neighborhood)program at Wolfe Lake sponsored by the Department of Natural Resources (DNR). Councilmember Santa asked about the water quality of Wolfe Lake in regard to fish consumption. Mr. Nemeth said, currently, the stocked fish are from a lake in western Hennepin County, and the fish advisory consumption for those lakes is generally pretty good He said surveys are being done on lakes previously stocked by the DNR to get an idea how much the stocked fish have accumulated chemicals or PCBs, and hopefully he can share that information with Council later. The motion passed 7-0. 7b. Shoreline Habitat Improvement Grant for Wolfe Lake provided by the Department of Natural Resources It was moved by Councilmember Santa, seconded by Councilmember Nelson, to approve and accept the DNR Shoreline Habitat Improvement Grant for Wolfe Lake through the Department of Natural Resources. The motion passed 7-0 7c. City Engineer's Report: 2003 Sidewalk Improvement Project, City Project No. 03-01A Resolution No. 03-029 Mr. Rardin briefly recapped the status of the City's sidewalk trails. He reported that two- thirds of the sidewalk trails are complete, however, due to budget concerns and limitations on bonding, the package before the Council tonight is for those sidewalk segments along state aid streets The reason being that state aid funding can be used to construct them Mr. Rardin said, initially, general obligation bond money was to be used to construct all of the improvements City Engineer Maria Hagen reported on the sidewalk trails, specifically, the six that are in the state aid system. Ms. Hagen said preliminary plans have been prepared and, if funding is available, Staff can move quickly. Councilmember Nelson is pleased that Staff has listened to the concerns of the neighborhood, and he referred to the petition of September 15th and a letter dated November 4th. He asked if Brookside Avenue is designated as an MSA route, and does narrowing the street have implications. Ms Hagen said it is an MSA street, and it can be narrowed but would require the removal of some parking. Councilmember Nelson asked if the new concept has been voted by the residents, and Ms. Hagen responded not yet. He will support it, and added that in the Staff report it is stated that all the residents along the project areas will be consulted. It was moved by Councilmember Nelson, seconded by Councilmember Velick, to adopt Resolution No. 03-029 to accept this report, establish the improvement project, and direct staff to sponsor informational meetings with affected property owners,for construction of various sections of concrete sidewalk and bituminous trail. Council Meeting Minutes -5- March 17, 2003 The motion passed 7-0 7d. Authorize 2003 General Obligation Bond Issue. Resolution No. 03-030 Finance Director Jean McGann said the City Council is being asked to authorize the issuance of$4,145,000 General Obligation ("GO") bonds. Due to legislative files currently in the house and senate, the City has downsized the amount of General Obligation bonds Ms. McGann said House files have specific cutoff dates of March 31, 2003 or April 30, 2003, and indications are that contracts must have already been entered into; the money must have already been spent, or the City must have reimbursement resolutions, along with various contracts, that one is obligated to complete the projects. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to authorize issuance of$4,145,000 General Obligation Bonds and approve reimbursement Resolution No. 03-030 for specific projects. After discussion, Councilmember Brimeyer said he will have a second motion Councilmember Nelson said he will submit something he has been working on to the governor and those who have authored the bills that are causing the City's problems, and he will ask that our representative help carry his concepts forward. The motion passed 7-0. It was moved by Councalmember Brimeyer to direct Staff to prepare a second bond issue on some of the other projects formerly discussed. Councilmember Brimeyer went on to say that he wonders if a charter city, whose charter has spelled out what it can do with debt limits, is pre-empted by State law—it probably is, he added—but it might make for an interesting case and he would like to be a part of that. He said, perhaps the City could 'proceed on that basis to get a second issue ready by May He would like to know if that is possible Councilmember Brimeyer suggested letting this one go (the General Obligation bonds) and proceed with another issuance, which would be the responsible thing to do He said Staff will have to determine the amount of another issuance and inform Council of the amount. Councilmember Sanger seconded the motion and stated she was pleased with Councilmember Bnmeyer's suggestion. She said it is important for Council to understand the legal limits and how far this can go. Councilmember Sanger thinks the Council has been prudent in its authority to issue bonds for public projects that have benefited the community, and she wants to be able to do that in the future to the extent that it is legally feasible Councilmember Sanger would like to have a Study Session or a meeting to have it explained to Council dust what the limits are, and what the legal parameters are that can be pushed as far as proceeding with a subsequent bond issue. She also requested Staff's input on what projects they would propose and the associated dollar amounts. a ;r , Council Meeting Minutes -6- March 17, 2003 Councilmember Sanger said residents need to understand what the impact on the City's quality of life would be if the City is unable to get additional bonding to construct projects such as the bike trails, sidewalks, and storm water projects. Councilmember Nelson said the City must go about its normal business, i.e., to maintain the City and improve it. He said, we need to get together the balance of the Capital Improvement Program ("CIP") to figure out how that will be; what can be reasonably cut out, and put that together in a second bonding package. We must continue to anticipate the City's needs and provide for them. City Manager Charlie Meyer said the original plan would have been to bond for more money this spring and do some additional projects. If issuing bonds now, Mr. Meyer is not sure it is the prudent thing to do as it would require the City's time and money to prepare another bond issuance for 30 days later. If there are projects the City wants to go ahead and do, and if considered prudent stewardship to continue to work on capital projects, there are mechanisms other than prepanng a bond resolution, i.e., there is the potential for reimbursement resolution[s]. Mr. Meyer said the question is: Do we want to spend Staff time and money to organize another bond authorization or continue to look at capital projects in a prudent manner? Mr. Meyer continued: One gets a fight with the legislature over whether charter beats statute or vice versa; the other gets a reasonable way of looking at the City's programs. Bonds can be issued one year or so out and projects are still doable. The City can review its planning standpoint in regard to projects. He asked, What is to be accomplished with this motion? Councilmember Bnmeyer would like to discuss this at a Study Session. Councilmember Brimeyer asked What projects, if the City were to issue the full amount, what projects are we not now including because of the pending restnction[s]? He is not suggesting an issue in 30 days but would like to demonstrate that there are other projects on the books, such as the pavement management program, storm water program, and finishing the sidewalk and trail program Councilmember Nelson said the proposed bond issue has one project identified with the 2003 CIP, and one for the 2004 CIP; the others appear to be projects that are being wrapped up He said we need a way to fund the CIP, and that may be with a reimbursement resolution but he does not see a reimbursement resolution in the Staff report. Mr Meyer said no, Staff is not proposing any reimbursement resolution out of this but rather these are projects the City is obligated for and there will be a discussion about having to award a general contract for the Rec Center roof project. A contract for the structural steel has been issued and bids will open next week, and it must be awarded prior to March 31' to stay on the safe side of Senate File 330, which would preclude the City from issuing bonds for projects not committed by March 31,2003. Mr. Meyer said other mechanisms may be available for other CIP projects as the legislative session progresses and we may have the ability to issue more bonds. Council Meeting Minutes -7- March 17, 2003 Councilmember Nelson said Council continues to direct Staff to work on the CIP. Councilmember Sanger wants a Study Session not to review the CIP per se but to get a better understanding of what the proposed limits would be on the Council as a result of the proposed legislation, should it pass. Councilmember Brameyer restated the motion to direct staff to determine what projects might we include and what dollar amounts might we be talking about if we should be looking at another bond issue somewhere down the road within less than a year's period of tune The motion passed 7-0 7e. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) Relating to Retail Uses in the 0-Office District, Planning Fee Refunds,and Abandoned or Cancelled Variance Case Nos. 03-08-ZA Planning Coordinator Judie Erickson gave a report on the proposed amendments to Chapter 36 of the ordinance code. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve first reading of Ordinance Code text amendments (related to zoning) to modify conditions for approving retail uses in the 0-Office District, Planning Fee Refunds, and Abandoned or Cancelled Variances and set second reading for April 7, 2003. The motion passed 7-0 7f. Request of The Luther Company for a Comprehensive Plan Map change from Industrial to Commercial and a zoning map change from IP— Industrial Park and IG —General Industrial to C2—General Commercial for property located at 2370 and 2440 State Highway 100 S. Case Nos. 03-06- Z and 03-07-CP Ms. Erickson reported on the request of The Luther Company for a comprehensive plan map change to allow for the redevelopment of their property for motor vehicle sales. Councilmember Sanger asked, if it were to be changed to C-2, what would happen if a different type of commercial enterprise wanted to use this site. She is concerned that in a C-2, a significantly greater amount of traffic might be generated by something other than a car dealership Councilmember Sanger would like to have the zoning code reviewed for conditions or CUP requirements for some of the other uses to minimize potential adverse traffic issues. Councilmember Sanger also asked about overflow parking from the dealership on neighborhood streets, and she would like to know if there is sufficient additional space on this site to accommodate all of the dealership's needs for inventory, customer parking, and employee parking. +,.i 14, - ¢4 : ' , . I Council Meeting Minutes -8- March 17, 2003 Ms Erickson suggested that language be put in the Comprehensive Plan in the Plan by Neighborhood section to prohibit unfavorable uses Tim O'Dougherty, Luther Company Ltd. Partnership, 701 Xenia Avenue South, #220, said all activities are anticipated to be contained on the site, and no parking on neighborhood streets at the new site. Mr. O'Dougherty hopes to have the congestion at Westside Volkswagen site resolved this week by pulling a portion of the operation off of the site completely. Councilmember Sanger asked Mr. O'Dougherty if there will be sufficient space on The Luther Company site to accommodate all vehicles, and he responded yes. Councilmember Nelson encourages the adoption of some Comprehensive Plan text amendments to address the concerns mentioned by Councilmember Sanger It was moved by Councilmember Sanger, seconded by Councilmember Velick, to adopt Resolution No. 03-031 of approval of the Comprehensive Plan amendment to change the land use designation from Industrial to Commercial subject to approval of the Metropolitan Council and authorize summary publication. The motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve first reading of a zoning map amendment to change the zoning designation from IG— General Industrial and IP—Industrial Park to C2— General Commercial subject to approval of the Comprehensive Plan change by the Metropolitan Council, and set second reading for April 7, 2003 The motion passed 7-0. 7g. First reading of text amendments to Chapter 36 of the Municipal Code to exempt buildings and play areas for small educational facilities, limited to 20 students, in the R-4, Multifamily residential zoning district from the 50 foot setback requirements from other lots in the R-4,or R-C District Case 03-05-ZA Planning Associate Julie Grove presented a report regarding text amendments to Chapter 36 of the Municipal Code. Councilmember Nelson said he has some reservations about the school being in an R-4. Councilmember Sanger is comfortable going forward with the ordinance, with the conditional use permit (CUP) language in it, and she hopes Staff will be able to expedite the process or run the CUP process concurrently so that the school may open in the fall. Councilmember Sanger has concerns about the ability to have other educational facilities in a C-2 district, she would be concerned about going forward with another ordinance on that Council Meeting Minutes -9- March 17, 2003 Councilmember Omodt asked if an apartment in the basement of the school would be allowed, and Ms. Grove said no Councilmember Santa would also like to expedite the process for the Metropolitan Open School to be ready for the start of the school year. It was moved by Councilinember Santa, seconded by Councilmember Omodt, to approve first reading of zoning text amendments for small schools in R4 as recommended by staff and the Planning Commission and corrections to the land use table and set Second Reading for April 7, 2003. The motion passed 7-0 It was moved by Councilmember Santa, seconded by Councilmember Omodt, to direct staff to initiate ordinance amendments to require educational facilities to be considered as a conditional use in the C-1 Neighborhood Commercial and C-2 General Commercial Districts The motion passed 7-0. 8. Communications From the Mayor Mayor Jacobs announced that the Youth Summit will take place on Wednesday, March 26th, at 5:30 p.m. The Senior Summit will take place on Monday, June 30`h, however, details are not available as the summit is in the planning stages. Councilmember Bnmeyer. He received an e-mail on proposed legislation indicating prohibition on the further study of the SW comdor. Councilmember Bnmeyer inquired about how best to represent the City's interest at an upcoming public heanng. From the City Manager Mr. Meyer said a City Council Special Meeting needs to be scheduled It was decided that the Special Meeting will take place on Monday, March 31m, at 6 00 p.m., however, only five Councilmembers will be able to attend. 9. Adjournment Mayor Jacobs adjourned the meeting at 9:20 p.m. Ci Clerk Mayr ' P /' ' or