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HomeMy WebLinkAbout2013/03/04 - ADMIN - Minutes - City Council - Regular IJf St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA MARCH 4, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), Engineering Project Manager (Mr. Olson), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Director of Public Works (Mr. Rardin), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations-None 3. Approval of Minutes 3a. Study Session Minutes February 11, 2013 The minutes were approved as presented. 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 Second Reading and Adopt Ordinance No. 2432-13 Amending Chapter 18 of the St. Louis Park Code of Ordinances Concerning Drug Paraphernalia effective March 29, 2013, and approve summary ordinance for publication on March 14, 2013. 4b. Designate Magney Construction as the lowest responsible bidder and authonze execution of a contract with the firm in the amount of$548,790 for the Sanitary Sewer Project—L.S. #2 and F.M. Rehab—Project No. 2012-2300. 4c. Adopt Resolution No. 13-029 to approve St. Louis Park Lions Club's request for placing temporary signs in the public right-of-way. 4d. Adopt Resolution No. 13-030 authorizing the special assessment for the repair of the water service line at 1661 Utah Drive, St. Louis Park, MN - P.I.D. 06-117-21- 44-0034. 4e. Adopt Resolution No. 13-031 authorizing the special assessment for the repair of the water service line at 2924 Independence Avenue South, St. Louis Park, MN - P.I.D. 18-117-21-22-0049. City Council Meeting -2- March 4, 2013 4f. Adopt Resolution No. 13-032 authorizing the special assessment for the repair of the water service line at 8301 Virginia Circle North, St. Louis Park, MN - P.I D. #07-117-21-14-0036. 4g. Adopt Resolution No. 13-033 accepting the Personal/Professional Service Agreement between the City of St. Louis Park and Hennepin County, and authorizing the Mayor and City Manager to execute this agreement. 4h. Adopt Resolution No. 13-034 accepting donations from Marilynn and Art Skantz in the amount of $250, and from Donna Hill in memory of Oliver Hill in the amount of$50,both to be used at the discretion of Westwood Hills Nature Center. 4i. Enter into a 3-year Enterprise Agreement, with Microsoft, licensing the City of St. Louis Park's legal use of Microsoft software on both servers and clients. 4j. Approve First Reading of an Ordinance amending the St. Louis Park Code of Ordinances Chapter 32 establishing a water access charge (WAC) and repeal Ordinance No. 2430-13, and to set the second reading for March 18, 2013. 4k. Approve for Filing Planning Commission Minutes February 6, 2013. 41. Approve for filing Vendor Claims. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions It was moved by Councilmember Santa, seconded by Councilmember Mavity, to appoint the following citizen representatives as commissioners. • Christine Anderson -Police Advisory Commission - term expiration 12/31/15 • Bjorn Lapakko -Human Rights Commission—term expiration 12/31/15 • Eric Schultz-Human Rights Commission—term expiration 12/31/14 • Tyler Dixon — Youth Commissioner — Planning Commission — term expiration 8/31/13 The motion passed 7-0. Mayor Jacobs expressed the City Council's thanks and appreciation to all the volunteers who serve on the City's boards and commissions. 6. Public Hearings—None 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Project Report: Local Street Rehabilitation Project- Pavement Management Area 1 —Project Nos. 2012-1000 and 2013-1400. Resolution No. 13-035 Mr. Olson presented the staff report and explained that this year's project is located near the intersection of Louisiana Avenue and Minnetonka Boulevard. He presented a map of City Council Meeting -3- March 4, 2013 the project and stated the project consists of removing and replacing the asphalt as well as soil corrections where needed, replacing curb and gutter where needed, and may include replacing some driveway aprons. He advised that the water main on one block of the project would be replaced and added the project also includes minor drainage system repairs and CenterPoint Energy has advised it will replace all gas mains in the area this year. He stated the water main work on the project will impact 22 residents and temporary water service will be provided during construction and residents can expect two half-day interruptions of water service during the project. He explained that 22 residents will be provided the opportunity to replace their water service line from the main to the curb stop box located on their property line and the estimated cost for this new service line is $1,000-$1,200. He indicated residents can either prepay this cost or have it assessed over three years adding this new service line provides substantial savings to residents compared with the cost associated with broken water lines. He reviewed the public process and stated residents will be provided with notification explaining the construction schedule and project impacts prior to commencement of work. He stated the project will last approximately two and one-half months beginning in early June and each block can expect approximately five weeks of construction with the road open to local traffic. He stated residents will be able to get to their driveways at nearly all times and will be allowed to park on the street. He indicated total project cost is approximately $1.7 million with the majority of funding coming from the Pavement Management Fund. Councilmember Spano requested further information regarding interruption of water service for residents. He also requested further information regarding the cost of replacing the water service line. Mr. Olson advised that water will be shut off for half a day or less and will be shut off after the morning use of water, typically around 9:00 a.m. He added that residents would be given 24-hour notice of the interruption in water service. He stated that the estimated cost to replace the water service line includes replacement of the line starting at their property line out to the street and the cost includes all restoration, backfilling, etc. Councilmember Ross asked if the City makes recommendations to homeowners as to whether they should replace their water service line. Mr. Olson stated the City's records indicate that this particular water main was installed in 1950 and most service lines were installed at that time and it has been the City's experience that these lines see more frequent failures due to their age. He added the City recommends that any of the original service lines be replaced at this time. It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt Resolution No. 13-035 Accepting the Project Report, Establishing Improvement Project Nos. 2012-1000 & 2013-1400 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project Nos. 2012-1000 & 2013-1400. The motion passed 7-0. 8b. Preliminary and Final Plat—Fretham 14th Addition. Resolution No. 13-036. Mr. Morrison presented the staff report and explained the subject lot is located at 1819 Jersey Avenue South and consists of a 16,000 square foot lot. He stated the applicant City Council Meeting -4- March 4, 2013 proposes to remove the home and replace it with two single-family lots and both lots meet the requirements of this R-2 zoning district. He stated there is a substantial grade change on the property with the property grading to the south and east and water drains and overflows to the east. He advised the applicant is proposing to bring in 800 cubic yards of material and will require a retaining wall in the back lot, adding the retaining wall will require a building permit and engineering. He stated the purpose of the fill is to make the yard more useable and to slow down drainage in the area, noting that there is no history of flooding in this area. He noted that the retaining wall would be two feet above the basin in the back so none of the fill will displace water storage and the City Engineer has reviewed and approved the grading plan. He advised the proposal also includes a variance request to the sidewalk requirement and stated there are currently sidewalks on Louisiana, Idaho, and Hampshire Avenues but no sidewalks along Jersey, Kentucky, or Hampshire Avenues, and the City's ten year plan does not include sidewalks along these streets. He then introduced Mr. Curt Fretham. Councilmember Mavity asked about the life expectancy of the retaining wall and also asked about the City's role, if any, in ensuring that the retaining wall serves its purpose and does not negatively impact the neighbors. Mr. Morrison stated the City inspects all improvements to properties, including retaining walls, and would require the owner to repair or replace the retaining wall if it fails. Mr. Fretham, Lakewest Development, appeared before the City Council and stated the retaining wall will likely be a boulder wall. Councilmember Sanger stated she understood why it does not make sense to require a sidewalk in this instance. She indicated the City will be spending a lot of taxpayer money to install sidewalks in furtherance of its goal to have a safer and well-connected community and it felt like a disconnect to allow a variance in this case because in 20 years residents might want a sidewalk on Jersey Avenue. She asked if the City has considered developing a mechanism that would not require a sidewalk to be installed at this time but that would require the developer to be responsible for installation of the sidewalk if requested at a future date or that requires a payment to be made at this time by the developer for the cost of a sidewalk. Councilmember Ross agreed with Councilmember Sanger adding that for continuity of the neighborhood she did not want to see a sidewalk installed at that time. She asked if there was any way to require the developer to pay into a fund that could be used for a sidewalk at a later date. Mr. Harmening agreed to discuss this with the City Attorney to see if it would be possible to require some sort of payment in lieu of a sidewalk. It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt Resolution No. 13-036 Giving Approval for Preliminary and Final Plat of Fretham 14`h Addition with Variance from Subdivision Ordinance for Sidewalk The motion passed 7-0. City Council Meeting -5- March 4, 2013 8c. First Reading of Ordinance Amending Xcel Franchise Ordinance#2086-97 Mr. Rardin presented the staff report and advised that Xcel Energy has requested an extension of its current franchise ordinance through the end of this year to allow adequate time to work through the franchise ordinance discussions. It was moved by Councilmember Hallfin, seconded by Councilmember Mavity, to approve First Reading of Ordinance Amending St. Louis Park City Code Section 9-603 Extending the Term of the Northern States Power Company Franchise and to set Second Reading for March 11, 2013 The motion passed 7-0. 8d. First Reading of Ordinance Extending CPE Franchise Ordinance#2236-03 Mr. Rardin presented the staff report and stated CenterPoint Energy has also requested an extension of its current franchise through the end of this year and the renewal of this franchise is being coordinated with renewal of the Xcel Energy franchise ordinance. It was moved by Councilmember Hallfin, seconded by Councilmember Mavity, to approve First Reading of Ordinance Amending St. Louis Park City Ordinance No. 2236- 03 Extending the Term of the CenterPoint Energy Minnegasco Franchise and to set Second Reading for March'11, 2013. The motion passed 7-0. 8e. First Reading of Background Checks Ordinance Amendment Ms. Deno presented the staff report and explained the City has an Ordinance in place allowing the City to do background checks through the BCA. She stated the BCA has required all entities using the system to make some upgrades as noted in the Ordinance Amendment. She stated Council raised some questions about the need to run background checks through the Police Department and whether the City could use a private vendor for its background checks on employees and volunteers. She indicated the City could use a private vendor for these background checks but the Police and Fire Departments would still use the BCA for their cnminal background checks for public safety purposes. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve First Reading of Ordinance Amending the St. Louis Park Code of Ordinances Sections 16-31 and 16-33 Relating to Criminal Background Checks. Councilmember Hallfin indicated that Sec. 16-33(b) states that the city manager has the authority to conclude that a background investigation is not needed and requested that the City take a closer look at that provision prior to second reading. He stated he would like more parameters in place around that provision instead of giving the city manager carte blanche to conclude that a background investigation is not needed. The motion passed 7-0. 9. Communications City Council Meeting -6- March 4, 2013 Councilmember Santa reminded residents of the Empty Bowls event on Thursday, March 7th, at the Rec Center. She stated lunch will be served from 11:00 a.m. to 1:30 p.m. and dinner will be served from 4:00-7:00 p.m. and encouraged residents to attend this major fundraiser for STEP. Councilmember Mavity reminded residents that the City would be hosting a forum regarding coyotes on Thursday, March 7th, at 7:00 p.m. at City Hall that will include information about coyotes and what the City needs to do to minimize their impact on the community. Mayor Jacobs reminded residents of the State of the City on Thursday, March 21st, at 7:30 a.m. at Fire Station#1. 10. Adjournment The meeting adjourned at 8:07 p.m. Nancy Stroth, &city Clerk Jeff Jacs Is, a 'sr