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HomeMy WebLinkAbout2006/10/16 - ADMIN - Minutes - City Council - Regular 7/CITY OF OFFICIAL MINUTES ST. LOUIS RK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 16, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Councilmember Carver was absent. Staff present: Assistant Zoning Administrator (Mr Morrison), City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Engineer (Mr. Bnnk), Engineering Program Coordinator (Ms. Adler), Finance Director (Mr. DeJong), Planning/Zoning Supervisor (Ms. McMonigal) and Recording Secretary(Ms. Stegora-Peterson). 2. Presentations 2a. TwinWest Chamber—Minnesota Manufacturers Week Proclamation Mayor Jacobs presented a resolution on Minnesota Manufacturers Week to Barb Overshaw and Monica Murphy. 3. Approval of Minutes -None 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 appropnate section of the regular agenda for discussion 4a. Approve Resolution No. 06-163 authonzing services and fees paid to the City's Prosecuting Attorney. 4b. Approve a Professional Services Agreement with ENSR, Inc. for storm sewer inspection services. 4c. Approving the Cooperative Agreement between Hennepin County, Three Rivers Park Distnct, and the City of St. Louis Park for the CSAH 5 (Minnetonka Boulevard) Bridge Replacement and authorizing the Mayor and City Manager to execute the Agreement—City Project No. 2006-1200. 4d. Approve Amendment No. 2 to Contract 81-05 providing additional Professional Services related to Ford Road Sanitary Sewer Lift Station Replacement, Project No. 2005-1200. 4e. Approve Resolution No. 06-164 establishing 2007 employer benefits contribution. 4f. Approval of Human Rights Commission Minutes of July 18, 2006 Mr. Harmening indicated there would be a staff report under Boards and Commissions regarding potential appointment to the Police Advisory Commission. City Council Minutes -2- October 16, 2006 It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar The motion passed 6-0. 5. Boards and Commissions Mayor Jacobs indicated that the Council interviewed a candidate for the Police Advisory Commission and the Council received clarification from the City Attorney regarding a possible conflict of interest. Councilmember Basill suggested this be brought to the next meeting. 6. Public Hearings 6a. Public Hearing to Consider 2007 Fees Mr. DeJong presented the staff report. Mayor Jacobs opened the public heanng. No speakers present The public hearing was closed. Councilmember Paprocki clanfied that the City was not making money off the fees and fees needed to accurately represent the costs Mr. DeJong replied that was correct and fees are also. Councilmember Paprocki noted special permit fees went from $500 to $750, but it would still not cover all of the costs in some cases. He asked if the fees should be higher. Mr. DeJong replied they made the adjustments based on feedback from the Community Development Department and that staff was uncomfortable with the $750 fee for basic planning process. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to approve 1st reading of an ordinance adopting fees for 2007 and set second reading for November 6, 2006. The motion passed 6-0 6b. Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, Nuisance Abatements, False Alarms, and Other Miscellaneous Charges Resolution No. 06-161 Mr. DeJong presented the staff report Mayor Jacobs opened the public heanng. Mr. Harmening stated a speaker present (operator of China Jade restaurant) had received a copy of a letter sent to the property owner, Inner City Investment, indicating they were being charged for a delinquent utility account in the amount of$80.40. He wondered the period of time the delinquent account related to. Mr. DeJong would discuss this with him. City Council Minutes -3- October 16, 2006 Mayor Jacobs closed the public heanng. Councilmember Sanger asked what steps they could take to try to get people to make their payments. Mr DeJong replied he was unsure; the city already imposes penalties and tnes to collect on a timely basis The city could send more out letters, but that didn't seem to make a lot of difference, many were several quarters delinquent. The charges may be lower than other financing methods they may have available which may be a reasonable way for them to "float" their bills Councilmember Sanger stated that was her concern, it would seem they should look at whether they can take more aggressive steps to give people an incentive to pay their bills on time. Mr. DeJong stated delinquent accounts are charges a 10% fee on the amount that is late. He wasn't sure if a higher rate of interest would be any better. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to adopt Resolution No.06-161 to assess delinquent water, sewer, refuse and other fees and charges The motion passed 6-0 6c. Public Hearing to consider authorizing staff to enter into agreements for the supply and implementation of a wireless broadband network and to provide management partner services for said network. Mr Pires presented the staff report. Mayor Jacobs opened the public heanng Phillip Hogland, 2716 Vernon Av S, stated when the process started he was not in favor of Wi-Fi, but now supported it He believed the technical side was reasonable and was not concerned about the solar technology, although he was concerned about the solar power technology having future ancillary applications, as referenced in the staff report Wimax is typically more of a back end developer and didn't see it as a competitor to Wi- Fi. Mayor Jacobs asked Mr Hogland's about other providers. Mr. Hogland replied the Wi- Fi mobile standard is evolving and the telephone companies are hoping it develops to a point where they can move into the Internet providing area. They are trying to target the business users and are probably not too concerned about making it available to everyone Councilmember Finkelstein asked if Mr. Hogland could comment on the Minneapolis model. Mr. Hogland replied he hadn't gotten a lot of information on the Minneapolis model Minneapolis will award the contract to a company that will build the network and run it. He hadn't drawn a conclusion on one versus the other. Councilmember Finkelstein asked about the use of a Wi-Fi standard versus a proprietary system that some of the cellular'companies are offenng. Mr. Hogland replied he would be concerned about that. Wi-Fi standard is a very stable standard and has improved over time. Proprietary standards are going to limit you from moving from one piece of equipment to another City Council Minutes -4- October 16, 2006 Councilmember Basill asked Mr. Hogland his concerns about the business side? Mr. Hogland responded it was a business decision and thought it was an appropriate thing for the City to become involved in. He didn't have knowledge about a business plan. Jean Sloan, 1420 Flag, asked about the pilot program results? Mayor Jacobs replied he knew people involved in the pilot were satisfied There were initial growing pains with configurations, but that had been resolved Mr. Pires responded it was not perfect, but they learned a lot It was an indoor technology being used outdoors and because of the limited amount of equipment they had, there were limitations in the service they could provide. It was a good decision to have a pilot first. The pilot went well enough that based on the feedback from the subscnbers that Council asked for pncing on a citywide project. Dale Stenseth, 3153 Edgewood, commented he liked the way the process worked with the research and information collection. The solar technology was great, although he had concerns about the system running with very little daylight. He was eager to be a user, he felt it was not a big risk of funds, particularly since the City and schools would be major users of the technology Mayor Jacobs closed the public hearing He invited residents to the open house for more information Councilmember Sanger asked for more explanation about the battery back-up for the solar power and cloud cover? Mr. Pires replied solar had been used in Boulder Colorado for Wi-Fi and they had raised similar concerns. Sunwise goes through a rigorous engineering process for power requirements. There is a large gap between the amount of energy produced and the amount needed More of this will be explained at the open house In the event that a solar panel breaks, it has a 5 'h day battery back up, which would be the only time they would expect a drain down of the battery Mr Pires' concern had been snow and ice build-up, but the angle of the slanted panels and with the sun and slick surface, it tends to slide off and had not been a problem. Councilmember Sanger stated it would be helpful to get information on how this had worked in Boulder. Mayor Jacobs asked if they could supplement the solar power technology either with power hard wire back-up or wind power technology Mr. Pires replied they were also looking at that Councilmember Finkelstein asked for information in the next report about. 1) Wi-Fi in apartments and condominium buildings, 2) the cost of future CPE's, 3) concerns about vandalism; and 4) if the vendor would be paying $14/month and catching any excess Would they still be able to control the rates and the costs? Mr. Pires replied that was part of the model. Councilmember Finkelstein asked if the model addressed a situation in which they did not provide service If so, could the city terminate the contract with adequate notice and move on to someone else? Mr Pires replied that was correct City Council Minutes -5- October 16, 2006 Councilmember Finkelstein asked about the terms of a proposed contract the next meeting? Mr. Pires replied the intent was to have the business principals and the contract nailed down. Councilmember Finkelstein asked if they were still collecting information about Minneapolis? Mr Pires replied yes Councilmember Finkelstein asked for the differences between a city owned franchise versus a Verizon, Spnnt, or Clear Channel model, includes disadvantages and costs. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to place on November 6, 2006 agenda consideration of Council options, including authorizing staff to enter into agreements for the supply and implementation of a wireless broadband network and to provide management partner services for said network; follow-up on remaining questions, and provide additional community communications on project. The motion passed 5-0-1, Councilmember Omodt abstained 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions - 8a. Permit parking on the 2900 block of Glenhurst Ave So - Traffic Study No. 600 Resolution No. 06-162 - Ms Adler presented the staff report. Diane Pecoraro, 2900 Glenhurst Av, stated since Yum opened, parking on the street had become an issue, as well as safety All neighbors polled on Glenhurst were supportive of the permit parking Bill Goldman, 2909 Glenhurst Av, agreed with Ms. Pecoraro regarding the safety concerns and felt permit parking was appropriate. Karen Olson, 2840 Glenhurst Av, indicated since Yum opened, the parking situation had become more critical and dangerous, although there were problems before this time that needed to be resolved. Councilmember Sanger commented this had been a problem before Yum opened. Residents had contacted City staff several times to ask for relief Staff did a study and found a problem with parking congestion This was the preferred solution of all residents living on the 2900 block. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt Resolution No. 06-162 installing permit parking on the 2900 block of Glenhurst Avenue South and "No Parking Anytime" restrictions on the east side of Glenhurst Avenue from Minnetonka Boulevard to a point 110 feet to the north. Ms. Pecoraro stated it would be somewhat inconvenient with permit parking and asked how it would work Ms Adler replied four permits would be issued to each household City Council Minutes -6- October 16, 2006 to be permanently affixed to the vehicles. They would also be for guests The proposed limits for the parking are permit parking only 6 AM to 7 PM, seven days per week. Councilmember Omodt asked about the extra parking spaces proposed for new parking lot for Yum in addition to the Thomas Charles Salon. Ms. Adler replied that based on the Planning and Zoning review of the proposed extra tables in Yum and the expansion of the Thomas Charles Salon, they exceed the code requirements by 15 spaces Councilmember Sanger added what staff said was accurate, but Yum met all of their parking requirements on paper when it opened. There was a lot of spill over parking and also from the hair salon. What worked on paper wasn't the actual reality. Councilmember Omodt asked if the oak tree in the new parking lot would remain? Ms. Adler replied yes. Councilmember Paprocki asked if it would be safer to have parking on one side of the street and why that was not being considered Councilmember Sanger replied in discussions with residents, one sided parking was not viewed as a favorable solution because one of the problems is that people were blocking dnveways Councilmember Basill commented he was glad Yum was adding additional parking Councilmember Finkelstein believed it made sense to get this done before winter Elaine White, 7921 Victona Curve, believed if Yum built a parking lot, they would enlarge the restaurant adding more people Ms. Adler clarified that was part of their proposal Mr Goldman commented they were happy the parking lot was being built, but human nature made it easier for people to park on Glenhurst, which was why permit parking was necessary. The motion passed 6-0 8b. Zoning Ordinance Amendments for awnings, signs, building materials, and non-conformities, Case No. 06-52-ZA Mr Momson presented the staff report Councilmember Sanger asked if canopies and awnings have to be supported from above or can they put posts on the sidewalks to support them Mr Momson replied that was the difference between an awning and a canopy An awning is supported solely from the building, a canopy comes from the building, but also has posts that support it Those would be allowed in the public nght-of-way under review of the public works department Councilmember Sanger asked why they were deleting the section on non-conforming lighting. Mr Momson replied they were making all of the language consistent with state law That will all be put into one section. City Council Minutes -7- October 16, 2006 Councilmember Omodt asked if there were different classes of hardy board. The samples the Council had seen were fine, but he had a concern about there being a lower standard. Ms. McMonigal replied that Planning Commission had discussed this and were concerned about the 4' x 8' boards that were sometimes plain looking. They suggested adding the language that it must be clapboard or shake style fiber reinforced cement board so it would look more like wood Councilmember Omodt asked about different quality standards because he doesn't want the standards lowered. Councilmember Finkelstein shared that concern and wanted to be sure the hardy board was attractive and not a straight cement look Ms. McMonigal replied the standard was fairly even based on her knowledge. Councilmember Finkelstein asked when hardy board became cement board. Ms. McMonigal replied Hardy is the brand name. There are several providers. Councilmember Basill also agreed and felt it was a good point because products come out and then they start having different levels and price costs. To protect the City, he suggested putting language that the top rated or top class be used. That way it wouldn't °� be obsolete if they began making a cheaper product. Councilmember Finkelstein added that it shall not be a flat surface. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt IS` Reading of Zoning Ordinance Amendments, and setting second reading for November 6, 2006, with the addition that the cement board be top quality or Class 1 and shall not be a flat surface The motion passed 6-0 9. Communications Mayor Jacobs thanked the volunteers for their work on the Bookmark in the Park event The League of Women's Voters is having a discussion on the book, The Middle of Everywhere on October 26th at the library. The Community Foundation Give Back Day is October 23rd at the Doubletree Hotel from 11.30— 1:00. Councilmember Sanger stated the League of Women's Voters Candidate Debate for the State Legislative candidates would be at City Hall on Thursday, October 19th at 7.00 PM. 10. Adjournment The meeting adjourned at 8.59 p.m. 1-414.47__ C345 P�11 ("4._ City Clerk Mayor 0