HomeMy WebLinkAbout2007/05/21 - ADMIN - Minutes - City Council - Regular ffiY OF OFFICIAL MINUTES
SA0/..°LISITY COUNCIL MEETING
RK ST. LOUIS PARK, MINNESOTA
MAY 21, 2007
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran
Paprocki and Susan Sanger.
Councilmembers absent: C. Paul Carver.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Public
Works Director (Mr. Rardin), Communications Coordinator (Mr. Zwilling), Finance Director
(Mr. DeJong), Assistant Planner (Mr. Fulton), Human Resources Coordinator (Ms. Fosse),
Police Lieutenant (Mr. Kraayenbrink) and Recording Secretary(Ms. Schmidt).
2. Presentations
2a. Brite Media Advertising Donation
Mr. Zwilling noted that Brite Media donated $45,000 worth of advertising space for six
months stating St. Louis Park has been recognized as one of the 100 Best Communities in
America for Young People.
2b. Public Works Week Proclamation
Mayor Jacobs read proclamation proclaiming Public Works Week May 20—26, thanking
them for all that they do for the City. He stated Public Works provides the infrastructure
in the City making it run the way a City should run.
3. Approval of Minutes
3a. City Council Minutes of May 7, 2007
O It was noted on page 6, fourth paragraph, second sentence should state: "She stated the
complaint calls she received, half were the resident's concern with the specific placement
of a particular pole, and half were those..."
The minutes were approved as amended.
3b. Study Session Minutes of May 7, 2007
The minutes were approved as presented.
Council Meeting Minutes -2- May 21, 2007
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. Motion to approve revised Telecommunication Bylaws adopted May 3, 2007.
4b. Motion to approve amendment to On-sale and Sunday intoxicating liquor license
for Applebee's Neighborhood Grill & Bar, 8332 Highway 7.
4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Most
Holy Trinity Parish, 4017 Utica Avenue South.
4d. Motion to approve Resolution No. 07-062 directing purchase of a Tax Forfeit
Parcel, 2005 Louisiana Ave, relating to the Vacant Land Sale Process.
4e. Motion to approve Second Reading of Ordinance No. 2330-07, vacating a
Portion of a Drainage and Utility Easement at 4131 Webster Avenue.
4f. Motion to approve Second Reading of Ordinance No. 2331-07, vacating a
Portion of a Drainage and Utility Easement at 2535, 2545 Huntington and 2540
France Avenues.
4g. Consideration of a Preliminary Development Agreement with Duke Realty for its
proposed"West End" commercial redevelopment project.
4h. Motion to approve Resolution No. 07-063 allowing a tennis club and terminating
a Special Permit at 5525 Cedar Lake Road (Life Time Fitness).
4i. Bid Tabulation: Motion to designate All City Elevator Inc. the lowest responsible
bidder and authonze execution of a contract with the firm in the amount of$130,
132 for the 2007 City Hall Elevator Modernization Project - Project No. 2008-
1800.
4j. Motion to approve Resolution No. 07-064, establishing a special assessment for
the installation of a fire suppression sprinkler system at 3230 Gorham Ave., St.
Louis Park, MN 55426.
4k. Bid Tabulation: Motion to reject the bids for the Sanitary Gnt Disposal Facility-
Project No. 2006-1500.
41. Bid Tabulation: Motion to designate Midwest Asphalt, Inc. the lowest
responsible bidder and authorize execution of a contract with the firm in the
amount of$625,674.09 for the Dakota Avenue Reconstruction and W. 38th Street
Rehabilitation, 2007 Municipal State Aid Street Projects - Project No. 2006-1101
and 2006-1102.
4m. Motion to approve payment to School Distnct #283 for an operations grant o
$35,000 and a grant of$9,000 for equipment and Junior High video club staffing
from Cable TV franchise fees in 2007.
4n. Motion to accept for filing Parks and Recreation Advisory Commission Minutes
of March 21, 2007.
4o. Motion to accept for filing Police Advisory Commission Minutes of March 7,
2007.
4p. Motion to accept for filing Planning Commission Minutes of April 11, 2007.
4q. Motion to accept for filing Planning Commission Minutes of April 18, 2007.
4r. Motion to accept for filing Planning Commission Minutes of May 2, 2007.
4s. Motion to accept for filing Housing Authority Minutes of April 11, 2007.
4t. Motion to accept for filing Vendor Claims.
Council Meeting Minutes -3- May 21, 2007
It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, to
approve the Agenda and items listed on the Consent Calendar.
The motion passed 6-0
5. Boards and Commissions - None
6. Public Hearings -None
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances,Motions and Discussion Items
8a. Police Officer Union Contract: January 1, 2007 — December 31, 2009.
Resolution No. 07-058
Ms. Fosse presented the staff report.
It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt
Resolution No. 07-058, approving a labor agreement between the City and Law
Enforcement Labor Services (LELS) Local #206, establishing terms and conditions of
employment for three years,from 1/1/07- 12/31/09
The motion passed 6-0.
8b. 2849 Jordan Avenue South — Preliminary and Final Plat and Subdivision
Variance. Resolution No. 07-059
Mr. Fulton presented the staff report.
Steve Smedberg, 2849 Jordan Avenue South, stated they are proposing minimal impact
for that corner.
Councilmember Sanger asked if it was Mr. Smedberg's intent to develop it for just one
house Mr Smedberg stated yes. Councilmember Sanger asked if he had drawings. Mr
Smedberg stated he doesn't have any plans, but basically wants a low impact house that
would blend into the site with a more natural setting. He stated his intent is to not cut
any trees if at all possible.
Councilmember Sanger asked why the City would need access to the lake for
maintenance, stating it should be the property owner's responsibility to maintain it. Ms.
McMonigal stated the DNR controls the water. Mr. Scott stated if the lake was to ever
dry up, the underlying land owners would be responsible for maintenance of the lake bed.
Councilmember Sanger asked why the public couldn't have access to the lake. Mr.
Fulton stated the deeded lot from the applicant may lend itself to the City at some point in
the future, stating it hasn't been part of this discussion. Councilmember Sanger stated it
wouldn't be precluded. Mr. Fulton stated correct.
Council Meeting Minutes -4- May 21, 2007
Councilmember Sanger stated concern with the variance eliminating the sidewalk. She
asked if they could have an allowance for a sidewalk, stating it doesn't have to be built
today, but reserving the right to require it be built in the future if the need arises. Mr.
Fulton stated the platting does not preclude future construction of the sidewalk, stating it
would be a go nowhere sidewalk.
Councilmember Finkelstein stated the school didn't want to encourage students walking
across the tracks. Councilmember Sanger stated concern with the children living around
the lake rather than those potentially having to cross the tracks.
Councilmember Omodt asked if the City had plans to do any clean up or maintenance on
the lake. Mr. Fulton stated there wasn't any discussion on this water during this proposal.
Councilmember Omodt asked if staff was planning to grant access to the water in the
future. Mr. Fulton stated nothing was planned at this point. Mr. Harmening stated the
City has no subsequent plans to do anything with the water.
Councilmember Omodt asked for some sort of proof requesting a walking space be
established and felt it could be a safety issue. Mr. Fulton stated staffs concern was that
the sidewalk would end as an entrance ramp with nowhere to go. Mr. Harmemng stated
the property to the north would be deeded to the City versus going all the way back to the
cul de sac. Mr. Harmemng stated it could be built, but Council needed to decide if that's
where it wanted to devote the resources.
Councilmember Omodt asked Mr. Fulton if walking to school was an issue brought up at
the neighborhood meeting. Mr. Fulton stated it was not.
Councilmember Omodt asked if it was a buildable lot. Mr. Fulton stated a portion of the
lot appears to be buildable.
Councilmember Paprocki reminded Council that the sidewalk would end with a steep
slope ending in wetland.
Councilmember Finkelstein reminded Council that he typically opposes subdivisions, but
the previous owner had visions of putting in ten plus townhomes, stating it would be a
way to ensure it wouldn't be further subdivided.
Councilmember Sanger asked if by granting this subdivision, could they provide a
provision guaranteeing a single house. Mr. Fulton stated neither Outlot A nor Lot 1
could be divided; however, Lot 2, if the house were sold, could be subdivided.
Councilmember Finkelstein asked if they could add it as a condition. Mr. Scott stated
they could not.
Councilmember Basill reminded Council this was what they were looking for.
Council Meeting Minutes -5- May 21, 2007
It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to
adopt Resolution No. 07-059, approving the preliminary and final plat of Hannon Lake
Addition for property at 2849 Jordan Avenue South with a subdivision variance for
sidewalk construction
The motion passed 6-0.
8c. Motion to adopt the attached resolution approving a Sanitary Sewer Backup
Policy. Resolution No. 07-060
Mr. DeJong presented the staff report.
Councilmember Finkelstein asked if the City would be responsible for all payments until
it reached $150,000. Mr. DeJong stated everything would be covered under that
deductible amount.
Councilmember Sanger wanted to clarify that it is insurance coverage if the sewer
backup is in a City owned back up line, not a private line. Mr. DeJong stated there would
be no coverage provided for those in the pnvate service lines.
Councilmember Paprocki asked for clarification, would the City have an insurance
payout if the City is negligent and in new claims where they are not negligent, but are in
the City line. Mr. DeJong stated it would be a no-fault type coverage.
Councilmember Paprocki asked if there were any other instances where the City is not
negligent, but the City would pay for damages. Mr. DeJong stated he did not believe so.
Councilmember Paprocki asked if the deductible would be reached more often because
of the increased payouts. Mr. DeJong stated it's possible it would happen.
Councilmember Paprocki asked if there was any incentive for residents to have
insurance. Mr. DeJong stated the coverage does not cover pnvate service lines.
Councilmember Sanger stated her support, stating they are fortunate there hasn't been a
huge number of the backups.
Councilmember Basill suggested educating the community.
Mr. Rardin stated that City service lines are underneath street. The private service lines,
both water and sewer are from the house and hooks into City line underneath the street.
Councilmember Finkelstein stated concern with the City's aging infrastructure, stating it
may affect insurance rates and it may need to be revisited at a later date. Councilmember
Basill agreed.
Councilmember Paprocki stated concern with using reserves to pay for this, stating they
would need to raise rates and would be using up the deductible more often. He felt the
City should not get involved with this policy.
Council Meeting Minutes -6- May 21, 2007
Mr. DeJong stated the cost averages out to about $1.40 per connection per year.
Councilmember Basill stated $1.40 would be worth it, stating that certain insurance
carvers do not supply enough coverage or coverage at all in some cases.
It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt
Resolution No. 07-060, approving the sanitary sewer backup policy and authorizing staff
to purchase insurance from the League of Minnesota Cities Insurance Trust
The motion passed 5-1 (Councilmember Paprocki opposed)
8d. Request for Conditional Use Permit by the City of St. Louis Park to permit
the placement of approximately 3,000 cubic yards of fill material to construct
four additional tennis courts at Aquila Park.
Resolution No. 07-061
Ms. McMonigal presented the staff report.
It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt
Resolution No. 07-061, approving a Conditional Use Permit to allow the placement of
approximately 3,000 cubic yards of soil in the Aquila Park subject to conditions included
in the resolution.
The motion passed 6-0
9. Communications
Mayor Jacobs thanked the City staff and the dozens of public and private volunteers for the
successful Ice Cream Social event held on May 20`h along with a park bench dedication for Jim
Rhodes at Wolf Park. He also stated "The Monument" by Gary Paulson was unveiled as the
Bookmark in the Park. He recommended reading "Harriet's Recital" and "Loudmouth George
and the Cornet" with your kids. Mayor Jacobs reminded everyone of the Memorial Day
Celebration Monday, May 28 at 11:00 a.m. at Wolf Park.
Councilmember Omodt was asked by the AAU to thank City staff and volunteers for their help
with the weekend tournament.
10. Adjournment
The meeting adjourned at 8:38 p.m.
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Nancy Stroth, 1 Clerk Jeff Ja bs, ayo