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HomeMy WebLinkAbout2011/04/11 - ADMIN - Minutes - City Council - Study Session IffSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA APRIL 11, 2011 The meeting convened at 7:41 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), Organizational Development Coordinator (Ms. Gothberg), Director of Public Works (Mr. Rardin), Utilities Superintendent (Mr. Anderson), Communications Coordinator(Mr. Zwillmg), and Recording Secretary(Ms. Hughes). 1. Future Study Session Agenda Planning—April 25,2011 Mr. Harmening presented the proposed study session agenda for April 25th. Councilmember Mavity requested that the Nestlé discussion on April 25th include information regarding options for potential future land uses. 2. Reilly Superfund Site History and Information Mr. Rardin presented the staff report and provided historical background regarding the Reilly site. He discussed the Consent Decree and Remedial Action Plan, as well as the testing currently being conducted by the City at the site. He advised that the City has been compiling groundwater sampling/monitoring data that will be brought to the various agencies beginning in 2011 in an attempt to persuade them to revise (reduce) current groundwater pumping, sampling, and monitoring requirements. He stated it is hoped the data will demonstrate that continuing these activities is unnecessary, which will save money for the City. He added that the City's current drinking water treatment and standards are such that the City has very safe drinking water. Councilmember Sanger asked if the City has been able to differentiate which processes required under the Consent Decree are paperwork only as opposed to those that make better quality water. Mr. Anderson stated that if the Reilly site were discovered now, the City would not be required to treat the water at all based on today's standards. He indicated that the City is attempting to tell the agencies that the City is not accomplishing anything by performing all the groundwater pumping and monitoring activities required under the Consent Decree. He added that samples taken quarterly on non-drinking wells have stabilized and stayed the same for almost thirty years. Mr. Rardin noted that the Consent Decree is a prescriptive legal document and the agencies would have to sign off on any changes after the City submits its request(s). He indicated that if no changes are allowed by the agencies the Consent Decree requirements remain in effect and the City may wish to pursue changes at the legal or legislative level. Councilmember Sanger stated that the City may need another resource to provide policy assistance from a political perspective. Councilmember Mavity asked if there are any additional or increased costs that Council needs to be aware of in the next five years that might impact the City's budget. Study Session Minutes -2- April 11, 2011 Mr. Rardin stated that the vapor intrusion study currently being conducted already has and could add to increased costs. He indicated that a staff effort to develop a large database and groundwater GIS evaluation system has lead to increased costs the past four to five years. He explained that during the five year review in 2006, the agencies indicated that soil gas vapor/vapor intrusion had not been previously evaluated and agencies felt that needed to be studied. The City has been working in good faith with the agencies on the issue, even though the Consent Decree was silent with respect to soil gas vapor/vapor intrusion issues. The agencies are currently conducting another five year review which could raise additional site concerns (as has occurred in the past) which would then result in increased costs for additional studies or mitigation activities. Councilmember Santa asked if any funds would be freed up by revising the Consent Decree and whether those funds could be used elsewhere to address other water issues. Councilmember Finkelstein suggested the City offer to pay for some other water quality issues in exchange for removing some of the testing requirements contained in the Consent Decree. Councilmember Ross asked if there are any unforeseen costs that might arise as a result of the Highway 7/Louisiana Avenue project. Mr. Rardin indicated that 20% of the estimated cost of the Highway 7/Louisiana Avenue project is related to potential contamination mitigation. Councilmember Mavity expressed appreciation to staff for the comprehensive background information and requested that staff provide periodic updates to Council as the City moves toward requesting the agencies to revise the Consent Decree requirements, including a timeline of next steps. Councilmember Sanger requested that Council give consideration to how this gets positioned publicly, particularly as it relates to unfunded government mandates and government reform. She stated that it will be important to think about whether the City's position can be used to its advantage given the current political environment and how the Consent Decree's requirements can be used as an example of something that ought to be changed in order to stop spending taxpayer money on activities with no apparent benefit. Councilmember Finkelstein requested that updates be provided to Council as written reports. 3. Review of Policies — Expenses that are City Responsibility vs. Property Owner (Or Combination) Ms. Deno presented the staff report. Councilmember Sanger expressed concern regarding apparent inconsistencies in how the City applies fees and who is responsible for the right-of-way on property. She stated that the City needs to have a clear, consistent policy in dealing with right-of-way expenses, e.g., tree trimming and removal of boulevard trees. Mr. Harmening stated that the City used to pay 100% for removal of boulevard trees, and then cut back to paying 50% for removal of boulevard trees as a cost-saving measure. Councilmember Sanger stated that she frequently hears from residents regarding sidewalk plowing and requested further information regarding the City's policy as it relates to plowing Study Session Minutes -3- April 11, 2011 sidewalks. She questioned the City's policy that mandates some property'owners to shovel their sidewalks while other sidewalks are plowed by the City. She added that she would be in favor of having the City plow all sidewalks in the City to enhance the City's vision of promoting walkability. Councilmember Santa expressed concern regarding the City's ability to track changes in ownership for purposes of the Certificates of Property Maintenance. She stated that the Lakeland Inn and 8400 Minnetonka Boulevard had changes in ownership which led to multiple property maintenance issues, putting customers and residents at risk. She suggested adding another fee in those instances where the City is not notified of a change in ownership. She also requested further information regarding who is responsible for sidewalk repairs and who pays for those repairs. Councilmember Sanger requested that staff also provide legal information regarding the City's ownership of a right-of-way and the City's ability to require residents to pay for and/or perform certain tasks associated with items in the right-of-way. It was the consensus of the City Council to direct staff to provide further history regarding the issue of sidewalks and trails, trees, and water and sewer lines, including costs. 4. Update on Freight Rail Listening Sessions—April 27th and 28th Mr. Hanmening presented the staff report. Ms. Deno advised that the City will have traffic control and plainclothes officers at both of the listening sessions, along with several staff members on hand to assist residents and to take notes. She stated that it was planned to have Ms. Gothberg facilitate the listening sessions to handle the technicalities and this will allow Council to give full attention to the speakers. Councilmember Ross requested that her absence on April 28th be explained. She also requested further information regarding the timekeeping process for speakers as well as how answers to the questions will be provided to residents after the meeting. Ms. Deno explained that there will be a structured process for those who want to speak and for those who write in comments. She stated that those not attending the listening sessions can comment on the website and staff will compile that information. She stated that speakers will be given no more than three minutes and it is suggested that staff use a placard to indicate that a speaker's time is almost up. Councilmember Mavity expressed concern that the guideline indicating that speakers should not repeat remarks defeats the purpose of what Council is trying to do. She also expressed concern regarding how the listening sessions are being communicated. She explained that Safety in the Park has sent out a communication,'stating that this is your chance to come and get your questions answered, therefore, the City needs to clarify that no responses are being provided during this listening session and responses will be posted on the City's website. She also suggested that Mr. McKenzie's reports be posted in one place on the City's website. Ms. Gothberg stated that the City's website indicates that Council will not be responding to questions at the listening session. Councilmember Sanger requested that staff develop a process for tracking all of the questions and providing answers to those questions. Study Session Minutes -4- April 11, 2011 Ms. Deno stated that staff will put together a list of all of the questions and answers for review by Council on May 9th and that information will then be posted on the City's website. Councilmember Sanger stated that she did not believe three minutes was enough time and did not feel that residents should be cut off after their allotted time. She also stated that clapping or use of signs should not be cut off and be allowed. Mayor Jacobs disagreed and stated that the listening sessions are intended to provide the City with an opportunity to send a message to the County, the State, and the Federal government that residents want a rational discussion regarding this issue. He stated that he felt the use of signs or clapping would be disruptive and will taint the process. He agreed that speakers should not be cut off after three minutes and suggested that the opening remarks include a request to limit remarks to three minutes or less. Councilmember Santa requested that the City make sure it is sensitive to the needs of some residents who are older and/or handicapped, and that the Council remains sensitive to the fact that some residents may be timid about speaking in front of a large crowd. Councilmember Omodt suggested that speakers be given a time limit of three minutes and thirty seconds or four minutes and fifteen seconds because this helps people to remain very aware of the amount of time that they have used. He also suggested that Council greet residents as they come into the meeting. Ms. Deno stated that Council will receive final details regarding the listening sessions at its study session on April 25th. 5. Communications/Meeting Check-in (Verbal) Councilmember Sanger requested further information regarding the Vision community check-in meetings scheduled in May and asked if invitations were sent to everybody that served on the various task forces. Ms. Gothberg stated that information regarding the meetings is currently posted on the City's website; information will also be placed in the Sun Sailor and on Patch.com. She added that e- invitations are also being sent. The meeting adjourned at 9:46 p.m. Written Reports provided and documented for recording purposes only: 6. State Noisewall Policy—Hwy 100 7. Benilde-St.Margaret's School—Private Activity Rev• i ue Refunding Note, Series 2011A 8. 2010 Solid Waste Customer Service Survey Rep 9. Carbon Baseline Measurement Update Nancy Stroth, City Clerk Jeff Jaco a r