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