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HomeMy WebLinkAbout2001/09/10 - ADMIN - Agenda Packets - City Council - Regular 1 SPECIAL MEETING AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 10, 2001 7:30 p.m. 1. Call to Order 2. Approval of Agenda and Consent Item(s) NOTE: Consent items are 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. a. Approval of Agenda Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Item(s) 1. Motion to approve an application for Temporary On-Sale Intoxicating Liquor License – Perspectives Benefit, September 20, 2001, 3381 Gorham Ave, St. Louis Park 2. Motion to designate Veit Companies as the lowest responsible bidder, and authorize execution of a contract for hauling of granular fill from the Park Commons site to Oak Park Village in an amount not to exceed $112,200. Action: Motion to approve Consent Item(s) 3. The request of the City of St. Louis Park for a Conditional Use Permit for the placement of 40,000 cubic yards of fill on Oak Park Village Park. Case No. 01-43-CUP Recommended Action: Motion to adopt a resolution approving a Conditional Use Permit subject to conditions listed in the resolution. 4. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. 2 City of St. Louis Park City Council Agenda Item Meeting of September 10, 2001 The request of the City of St. Louis Park for a Conditional Use Permit for the placement of 40,000 cubic yards of fill on Oak Park Village Park. Case No01-43-CUP Recommended Action: Motion to adopt a resolution approving a Conditional Use Permit subject to conditions listed in the resolution. Background: The Park Commons development will be excavating approximately 80,000 cubic yards of granular fill material from the site this fall. City staff would like to use 40,000 cubic yards of that fill for the Oak Park Village Park development. Staff is proposing to haul the fill to the park site and store the material in the northern section of the park until the spring of 2002 when the fill will be spread throughout the park. The fill is necessary to cap the contaminants that are beginning to surface in the park. ENSR, the City’s environmental consultant for Oak Park Village site, has recommended that one to two feet of clean fill be added to the site to cap the contaminants. Using the 40,000 cubic yards of fill from the Park Commons site will allow the City to follow ENSR’s recommendation. There will also be additional topsoil trucked into the park next spring to spread on top of this granular fill. Staff is proposing to store the fill on the north side of the park because the soccer and football programs can continue to use the other fields this fall. It is possible that some fill may be hauled to the hill on the southwest portion of the park. (Please see attached site plan.) TOLD Development Company will supply the City with the fill for free. The City will be responsible for hauling the fill trucked to Oak Park Village. Bids for the hauling were opened on September 4, 2001. Contractors are expected to work within the hours of 7 a.m. – 6:30 p.m. on weekdays and possibly Saturday mornings after 9:00 a.m. Although there will be some cost associated with trucking the material, the free fill material is a tremendous cost savings. On September 5, 2001, the Planning Commission held a public hearing and considered the Conditional Use Permit request. Two residents spoke at the public hearing. Their concerns included site drainage, continued use of the adjacent sliding hill and the quality of the fill from Park Commons (see attached excerpts from Planning Commission minutes). 3 Issues: What route is being used to haul the fill? How long will the hauling take place? What route is being used to haul the fill? It was anticipated that the trucks would be traveling from Park Commons via 38th/39th street, Monterey Drive, Beltline Boulevard, Hwy. 7, Louisiana Avenue and into the park at Oak Leaf Drive. (Please see attached map.) Planning staff would prefer the contractor use Excelsior Boulevard and Louisiana Avenue. Either route is permitted through the planning contract. The contractor will be required to keep the Oak Leaf Drive access open so that the residents at 3300 on the park can get out of their buildings. Staff anticipates that the trucks will carry about 17 yards of material at a time. If a 17-yard truck is used, staff estimates that there will be 2,352 truck loads of fill delivered to the site this fall. This may vary depending on the type of vehicles that are used by the contractor. How long will the hauling take place? It is planned that the trucks will begin hauling in mid-September and continue for 3-4 weeks (weather permitting). The City will have a maintenance staff person on site at Oak Park Village to water down the soil if it becomes dusty. TOLD will be responsible for ensuring dust control at the Park Commons site. Recommendation: Motion to adopt resolution approving the request of the City for a Conditional Use Permit to place 40,000 cubic yards of fill at Oak Park subject to the conditions listed in the resolution. Attachments: • Development Plans • Resolution • Excerpts – Planning Commission Prepared by: Patrick Smith, Planner Approved by: Charles W. Meyer, City Manager 4 RESOLUTION NO. _____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE PLACEMENT OF FILL FOR PROPERTY ZONED R-4 MULTI-FAMILY RESIDENTIAL DISTRICT LOCATED AT OAK PARK VILLAGE PARK BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 14:4-9 of the St. Louis Park Ordinance Code for the purpose of placement of 40,000 cubic yards of fill within a R-4 Multi-Family District located at Oak Park Village Park for the legal description as follows, to-wit: Lot 1 of Block 2 of Oak Park Village Park Lot 1 of Block 5 of Oak Park Village Park Park 2 of Oak Park Village Park 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01-43-CUP) and the effect of the proposed placement of fill on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the placement of fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed placement of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 01-43-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit the placement of 40,000 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: 5 1. The site shall be developed, used and maintained in accordance with Exhibit A Site Plan such documents incorporated by reference herein. 2. The hours of operation shall be limited to 7:00 a.m. and 6:30 p.m. on weekdays and 9:00 a.m. and 1:00 p.m. on Saturdays. 3. The City shall install signs indicating the hours of operations at Oak Park Village and Park Commons. 4. City staff shall control dust from the stockpile by watering when necessary. 5. City staff shall distribute contact names and telephone numbers to residents of adjacent buildings. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 10, 2001 City Manager Mayor Attest: City Clerk 01-43-CUP:n/res 6 EXCERPTS UNOFFICIAL MINUTES PLANNING COMMISSION September 5, 2001 3. Hearings B. Case No. 01-43 CUP – Request of the City of St. Louis Park for a Conditional Use Permit to permit the placement of fill for property zoned R-4 Multi-Family Residential District located at Oak Park Village Park (northwest quadrant of Louisiana Avenue and Walker Street) Mr. Smith presented a staff report. Chair Velick opened the public hearing. Florence Flugaur, 3320 Louisiana Ave., stated that her condominium property adjoins the newly made park. She said that the association is concerned about drainage. She said currently water can gather near the building as there is a slope towards the building. Currently the underground garage is free of seepage and drainage. When the grading is done, the City needs to make sure the building is protected from drainage. Ms. Flugaur asked about the quality of the fill as she has heard there may have been a garbage dump located at the excavation site. Ms. Jeremiah responded that a substantial amount of environmental review work has been done on the soils in Park Commons East. It was never a dump area. Soil borings testing has been done. She commented that the material is very granular which will allow a lot of drainage. Ms. Jeremiah said the fill is expected to be entirely clean. Ms. Flugaur said she understands that there will be dust control and that arrangements will be made so that residents can continue to have access to the garage. Ms. Flugaur said the association would like to have a contact and phone number provided for concerns. Ms. Flugaur asked if winter sports would be affected by the stockpiled fill. Cindy Walsh, Parks and Recreation Director, reported that she and the City Engineer met with the association board members recently. Ms. Walsh stated that a snow fence will be placed on the park side along the condominium property so that trucks will not be on condominium property. She commented that a snow 7 fence or straw bales will be placed near the slide so the fill won’t be close enough to interfere with winter uses. Ms. Walsh said staff is trying to anticipate what may happen in the spring regarding drainage. She commented that the granular material will absorb a lot of water. Ms. Walsh said fill may be spread out to the south more so it doesn’t come out as far to the east which would help with drainage concerns. She said most of the water ponds on the park side of the trail and they want to make sure they are not filling right up to the trail line. So to address the drainage issue, they may adapt the plan a bit by staying away from the east side of the park. Ms. Walsh said her name and number can be used as a contact. Tony Gozola, 3300 Louisiana Ave., commented that the fill at the Park Commons site appears to be very flaky to him. He asked why the clean soil from the Highway 7 project, one and one-half blocks away from Oak Park Village park, couldn’t be used for fill. Ms. Jeremiah responded that the Hwy. 7 soil belongs to the Minnesota Dept. of Transportation for road construction and was not available for the Oak Park Village park project. Chair Velick closed the public hearing. Commissioner Bissonnette asked if it made sense to grade the soil this fall. Ms. Walsh said the grading portion of the project has not yet been bid out. She said the development money for grading and seeding is part of the 2002 Capital Improvement Project. Ms. Walsh said the granular fill will be used as a base and additional topsoil will be brought in to create proper ball fields. Chair Velick commented on glass that is in the soil. Ms. Walsh responded that the site was capped many years ago but there are tires and railroad ties in the ground that are emerging. That soil will not be disturbed and the fill will be added and compacted on top of the existing soil. Chair Velick asked about dust control. Ms. Walsh said a tanker truck will be on site for hosing down piles of dirt as it is dumped. She said it is expected the soil will be quite dusty due to existing dry soil conditions. Commissioner Gothberg said that during the review of the planning for the park, one of the concerns regarded installation of items and digging into the existing soil. He asked if the fill would facilitate some of that activity. 8 Ms. Walsh said that is one of the main reasons fill is being graded. It will make the development process much easier for trenching, irrigation lines, light poles, and trails. She commented that the hill on the southwest corner is the area that has the most contaminants. Active use is not planned for that area. She said the outline of the pond will remain intact. Commissioner Timian asked if fill could be placed along the hillside. Ms. Walsh responded that they hope to drop some soil there during this process. Commissioner Morris asked for a definition of the contaminants. Ms. Walsh responded it is solid debris such as railroad ties and tires. She said she was on site with MPCA staff and they are not seeing signs of black, gritty soil where creosote or oils are coming to the top. Commissioner Morris asked how long it will take before debris starts coming to the top. He asked if the proposed work is a band-aid approach or is it a final solution. Ms. Walsh said the proposal is a final solution. She said in addition to the 40,000 cubic yards that will be placed and graded, there will also be a topsoil mix added to the top. She said in the past the park was filled inconsistently, and this proposal will provide a consistent cap over the site. Commissioner Morris asked about debris in the Park Commons soil due to demolition. He asked if it will be inspected on site as dumped. He referenced Wolfe Park soil problems. Ms. Walsh said numerous soil borings have been done on site. She said there may be some concrete that will be picked out during grading, but she said there have been no other traces of debris in the soil. She added the demolition contract included removal of demolition debris. Commissioner Morris inquired if TOLD was entering into an agreement with the City regarding potential soil problems. Ms. Walsh responded that there is not an agreement and staff will be examining the fill as it is dumped. Commissioner Morris commented on the cost savings to TOLD and asked if the cost benefit was reflected in TOLD’s cost estimates for the project. Ms. Jeremiah said there are benefits to both parties in the arrangement as good quality fill is needed for the park and the City could have had to conceivably pay for the fill and the hauling. She added that there was always an assumption that TOLD would be able to give the soil away. 9 Commissioner Morris suggested that enforcement beyond signage be provided regarding construction hours. He suggested that a contact name and number and a hotline number be provided to residents. Ms. Walsh said that staff is confident that the hauling contractor will be responsive to City policy, since the City is paying the contractor. In response to Commissioner Timian’s question about the depth of the topsoil layer, Ms. Walsh said that figure wasn’t available at this time. She said it can be provided when plans and specifications are completed. Ms. Jeremiah said it is very likely the park project will need a conditional use permit in the future for the placement of black dirt. Ms. Walsh said she can return and go through the master plan process with the Planning Commission in the future. Chair Velick moved approval of the request and recommended that the City Council adopt a resolution approving the request of the City for a conditional use permit to place 40,000 cubic yards of fill at Oak Park subject to conditions with additional request that a contact name and number be provided to residents. The motion passed on a vote of 6-0 with Commissioners Bissonnette, Gothberg, Morris, Robertson, Timian and Velick voting in favor. 10 CONSENT ITEM # 1 St. Louis Park City Council Meeting of September 10, 2001 1. Motion to approve an application for Temporary On-Sale Intoxicating Liquor License – Perspectives Benefit, September 20, 2001, 3381 Gorham Ave, St. Louis Park. Background: Perspectives Learning Center will be holding its annual fund raising event on September 20, 2001. Staff has administratively approved all required permits for the event, with the exception of the Liquor License which must be approved by Council. The event is open only to those persons who have purchased tickets and ticket holders will be served food, wine and beer. Though there is no cash bar, persons attending the event purchased tickets which according to state law constitutes sale of liquor. Police Investigation The principals were investigated and no record or warrants were found. Prepared by: Cynthia D. Reichert, City Clerk Approved by: Charles W. Meyer, City Manager 11 CONSENT ITEM # 2 St. Louis Park City Council Meeting of September 10, 2001 2. Motion to designate Veit Companies as the lowest responsible bidder, and authorize execution of a contract for hauling of granular fill from the Park Commons site to Oak Park Village in an amount not to exceed $112,200. Background: The granular fill that is excavated from the Park Commons site will be hauled to Oak Park Village. The City of St. Louis Park is responsible for contracting with a company to haul the material to the park. Funding for this hauling project will come from the Park Improvement Fund. Bid Analysis: Bid packages for the hauling of the granular fill material from Park Commons to Oak Hill Park were mailed out to two requesting firms. Bids were opened at 11:00 a.m. on September 4, 2001 at City Hall. Two bids were subsequently received in the amounts as follows: Imperial Developers $ 129,000 Veit Companies $ 112,200 The apparent low bidder on the project is Veit Companies. Recommendation Staff recommends a contract be awarded to Veit Companies in an amount not to exceed $112,200. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager