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HomeMy WebLinkAbout2000/11/06 - ADMIN - Minutes - City Council - Regular OFFICIAL MINUTES CTITY LOUISOF CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA NOVEMBER 6, 2000 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call. Jim Bnmeyer, Ron Latz, Chris Nelson, Sue Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer), City Attorney (Mr. Scott); Director of Community Development (Mr. Hannening), Director of Inspections (Mr. Hoffman), Public Works Director (Mr Rardin); Planning Coordinator (Ms. Erickson), Human Resource Manager (Ms Gohman), and City Clerk (Ms Reichert). 2. Presentations - None 3. Approval of Minutes a. City Council Minutes of October 16, 2000 Page 11, Item 7c, Paragraph 2, change "wants"to "wanted". Page 10, Item 7c, Paragraph 2, change"execution"to "excavation". Page 11, Item 7c, Paragraph 5, change "CMS"to "CSM". Page 8, Item 5a, Paragraph 4, add name of resident "Paul Hovde". 4. Approval of Agenda and Consent Items 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 appropnate section of the regular agenda for discussion. a. Agenda It was moved by Councilmember Latz, seconded by Councilmember Nelson, to approve the agenda with the addition of Consent Item 4 b 3 as Item 6j The motion passed 7-0 b. Approval of Consent Items It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to approve the following Consent Items with the deletion of 4.b.3. The motion passed 7-0. 1 Waive reading of resolutions and ordinances 2. Adopt Ordinance No. 2178-00, amending sections 6-155 and 11-103 of the Municipal Code regarding declaration of snow and ice as a nuisance and notice to property owner, and approve the summary and authorize publication. 3. Approve Contract for Organizational Developmental Services with Bridget Gothberg effective 1/1/01 Council Meeting Minutes -2- November 6,2000 4. Approve extension of Frauenshuh's Final PUD and Final Plat consideration until May 31, 2001 —Case No 99-19-PUD 5 Adopt Resolution No. 00-133 amending the Park Place Plaza—Costco Wholesale Case No. 95-51-PUD (Amended) 6. Accept the following reports for filing a. Human Rights Commission Minutes of September 20, 2000 b. Planning Commission Minutes of October 18, 2000 c. Vendor Claim List d. Charter Commission Minutes of June 14, July 12, Aug 9, Sept 13 7. Adopt the Resolution No. 00-134 authonzing execution of Change Order No. 3 in the amount of$41,654 80 to Contract NO. 14-98 with Hardnves, Inc. increasing the total contract amount from $2,279,186 54 to $2,320,841.34. 8. Approve Final Payment Resolution No. 00-135: F.F. Jedlicki, Inc. $13,552.76 Franklin Ave. Storm Sewer Improvements, Contract No. 77-00 5. Public Hearings 5a. Application for an Off-Sale Intoxicating Liquor License for Costco Wholesale Corporation, 5801 W. 16th Street, St. Louis Park Cindy Reichert, City Clerk, presented a beef staff report and recommended approval. Mayor Jacobs opened the public heanng. Gary Gandrud of Costco and other representatives were present. Mr. Gandnid explained that employees would receive training in the issues in alcohol sales to minors With no one else wishing to speak, Mayor Jacobs closed the public hearing. Councilmember Latz if there was a separate entrance for liquor sales. Mr. Gandrud stated that there were separate entrances for each section of the store and that the liquor store could not be accessed from the main store from within. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve issuance of the license. The motion passed 7-0. 5b. CASE NO. 00-49-CP Comprehensive Plan Land Use Amendment 2501 Edgewood Ave. Resolution No. 00-136 Ms. Erickson, Planning Coordinator presented a staff report. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve Resolution No. 00-136 for a Comprehensive Plan amendment to change the land use designation from IND-Industrial to PRK-Park for a portion of property located at 2501 Edgewood Avenue South contingent upon approval by the Metropolitan Council and authorize publication of summary resolution. The motion passed 7-0. Council Meeting Minutes -3- November 6, 2000 5c. CASE NO. 00-50-CP Comprehensive Plan Land Use Amendment 6013, 6019, 6025, 6101 Cedar lake Rd. Resolution No. 00-137 Ms. Erickson, Planning Coordinator presented a staff report Mayor Jacobs opened the public hearing With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve Resolution No. 00-137 amending Comprehensive Plan contingent upon Metropolitan Council approval and authorize summary resolution The motion passed 7-0 5d. Competitive Cable TV System Franchises Public Hearing Reg Dunlap, Civic TV Coordinator was present to answer questions. Mayor Jacobs opened the public hearing. Jane Bremer, Attorney representing Everest Connections Corporation, briefly commented on the company's background and explained that Everest's primary goal was competitive neutrality with the current incumbent. She stated that Everest recently signed a construction contract with a company called Quanta Construction and its subsidiary in Minnesota and secured permission from the State of Minnesota to provide telephone and long distance service and were in a position to move forward quickly once Everest was able to reach agreement on a franchise. Eric Brown, 2 Carlson Parkway, Director of Market Development with Wide Open West, presented a brief update He stated that WOW has signed a contract with Phonefree corn to allow residents to use telephones in their homes and has also acquired technology from SwitchPoint to provide two-way internet speeds up to 100 megabytes. He stated that currently WOW had 19 franchises in the United States. Lance Leupold, Time Warner Cable stated that he appreciated that the current franchise was non-exclusive and it was well within the authority of the City to grant additional franchises He stated that Time Warner was in competitive business for high speed Internet access and welcomed the challenge of increased competition He stated that Time Warner expected the City, with any consideration of any proposal, to fully consider the legal, technical, and financial qualifications of each applicants and be subject to all the franchise obligations and burdens imposed on Time Warner and that they were very committed to working with the City to assure the necessary coordination so that there was minimal disruption to Time Warner and the nght of way. Councilmember Bnmeyer bnefly commented on the future changes and asked if other municipalities were considenng additional franchises. Reg Dunlap stated that the entire Twin City area has been approached by these Everest and WOW and another company called Seran. It was moved by Councilmember Nelson, seconded by Councilmember Bnmeyer, to continue the public hearing to December 4, 2000 The motion passed 7-0 Council Meeting Minutes -4- November 6,2000 6. Requests and Communications from the Public 6a. School District#283 request for funding from Cable TV franchise fees It was moved by Councilmember Santa, seconded by Councilmember Latz, to approve payment to the School Distnct of an operating grant of$37,400 for 2000 The motion passed 7-0. 6b. Request for Lobbying funds from Minnesota Association of Community Telecommunications Advisors (MACTA) Councilmember Young questioned if the amount was adequate to send a strong message to our State Senator that he was working at cross purposes with his constituents He suggested directing staff to draft a strongly worded letter asking him to please cease and desist and remind him that he was representing St. Louis Park and this proposed legislation would work against the City and its residents. Mayor Jacobs agreed that the legislation, if approved, could have a detrimental impact on St Louis Park. Councilmember Nelson was concerned about giving up local control of the franchise fee and suggested inviting Senator Kelly to address the Council again on this issue. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve payment to MACTA of$6,500 to support the lobbying effort. The motion passed 6-1. Councilmember Young was opposed. 6c. First Reading of an Ordinance Amending Chapter 13, Part 3 of the St. Louis Park Municipal Code Concerning the Sale, Consumption and Display of Alcoholic Beverages Cindy Reichert, City Clerk presented a staff report and recommended approval. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading and set second reading for November 20, 2000. The motion passed 6-0-1. Councilmember Latz abstained. 6d. Second Reading of Three Ordinances Relating to Environmental and Public Health Regulations, open burning, Licensing of Contractors, Businesses, Temporary Uses, Animals and Courtesy Benches, Amending Chapters 8, 11, 13, and adopting Chapter 16 on Licensing Regulations. Ordinance No.'s 2179-00, 2180-00, 2181-00 Brian Hoffman, Director of Inspections presented a staff report. He reviewed the proposed ordinance that would replace existing regulations except for those associated with gambling and liquor with a new chapter on licensing in addition to adopting several Minnesota State Codes by reference. He noted the addition of Section 11-1201 and minor fee change. Councilmember Nelson asked if the representative for the mechanical engineers had any additional concerns after the language revisions Council Meeting Minutes -5- November 6, 2000 Mr Hoffman stated that the representative had reviewed the updated proposal and believed the language was improved and was acceptable Councilmember Latz commended staff for their hard work and believed that this was a dramatic demonstration of the City's efforts to streamline government and become easier for businesses and others who need licenses to receive them. It was moved by Councilmember Latz, seconded by Councilmember Nelson, to adopt Ordinance No. 2179-00 amending Chapter 11 of The St Louis Park Municipal Code By Adopting Certain Environmental and Public Health Regulations By Reference. The motion passed 7-0 It was moved by Councilmember Latz, seconded by Councilmember Santa, to adopt Ordinance No. 2180-00 amending Chapter 8 of the St Louis Park Municipal Code, concerning open burning within the City of St. Louis Park. The motion passed 7-0. Paul Hovde, 2222 Edgewood Avenue South, questioned what the perceived problem was with the competency card He didn't believe these changes were good for the residents of St Louis Park and was going to be an administrative nightmare. He stated he would like the system to remain the way it was rather than to change to the inclusion of the continuing education where it was not mandated State wide. Don Bell, Vogt Heating and Air Conditioning, stated that he agreed with streamlining, but didn't believe these changes were going to improve the situation. He questioned the administrative process and how this helped the contractors, residents and the City. Mr. Hoffman explained the administration process associated with the annual competency renewal and indicated that staff supported state wide licensing of mechanical contractors because of the history of concerns with mechanical contracting. Councilmember Brimeyer asked if a certificate of attendance from a manufacturer was acceptable. Mr. Hoffman stated that the City intended to accept the certificate from manufacturers. Councilmember Nelson hoped that the City would work with other municipalities to help them establish that their requirements would match, but remain flexible if they didn't. He recommended bnnging this issue to the attention of the City's representatives at the State Capital and was in favor of matching any lobbying effort by the mechanical contractor association. It was moved by Councilmember Latz, seconded by Councilmember Young, to adopt Ordinance No. 2181-00 deleting portions of Chapter 11, 13, and 15 of the St. Louis Park Municipal Code and adopting a new Chapter 16 concerning licensing of businesses and activities within the City. The motion passed 7-0. 6e. Adoption of a Resolution Establishing 2001 Licensing Fees for Contractors, Businesses, Temporary Uses, Animals and Courtesy Benches. Resolution No. 00-138 Council Meeting Minutes -6- November 6,2000 • Mr. Hoffman, Director of Inspections commented bnefly on the license fees. It was moved by Councilmember Latz, seconded by Councilmember Sanger, to adopt Resolution No. 00-138 establishing license fees for the year 2001. The motion passed 7-0 6f. Establishing employer contributions for employer-provider cafeteria style benefit programs for 2001 covering non-union positions and the City Manager. Resolution No. 00-139 Nancy Goham, Human Resources Manager presented a staff report and recommended approval. It was moved by Councilmember Bnmeyer, seconded by Councilmember Santa, to adopt Resolution No. 00-139 establishing City contnbution toward employees' cafeteria benefits plan for non-union, non-exempt (eligible for overtime) and exempt (not eligible for overtime) employees including the City Manager for 2001 The motion passed 6-1. Councilmember Nelson opposed. 6g. Non Union Compensation —2001 Resolution No. 00-140 Nancy Goham, Human Resources Manager presented a staff report and recommended approval. Councilmember Sanger questioned how a performance bonus for Paid-On-Call Firefighters could be the same for everyone no matter what their performance was and why the bonus wasn't reflective of the actual level of the performance of the individual. Mr. Meyer, City Manager explained that when the performance bonus was established it was primarily for the purpose of making sure that the City got the firefighters to respond because they were on-call and wanted to get a sufficient number of firefighters to respond He stated that the bonus was reflected on the number of firefighter responses Councilmember Bnmeyer asked if this was set up with PERA. Mr. Meyer, City Manager clanfied that the City didn't want to create a relief association, so it was set up this way with the idea that the City would have the benefit of a relief association, and immediate return availability of money to the firefighters in the year that they worked instead of deferred into the future, and the City would continue to attempt to work at the legislative level to raise the minimal level for PERA. • Councilmember Brimeyer recommended that this issue be revisited next year. It was moved by Councilmember Bnmeyer, seconded by Councilmember Sanger, to adopt Resolution 00-140 confirming the City Manager's decision to set the general increase for non-union salanes for 2001 and revise the City Managers contract. The motion passed 7-0 Council Meeting Minutes -7- November 6,2000 6h. CASE NO. 00-47-Z Zoning Ordinance Map Amendment Judie Enckson, Planning Coordinator presented a staff report and recommended approval It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, approve first reading of Zoning Ordinance Map amendment changing the designation on property located at 3345 Dakota Avenue South from R2 to Cl. Set second reading for November 20, 2000. The motion passed 7-0. 6i. CASE NO. 00-48-Z Zoning Ordinance Map Amendment Judie Enckson, Planning Coordinator presented a staff report and recommended approval. Councilmember Sanger asked what use does the railroad make of the CPR property on Cedar Lake Road Ms. Erickson stated that is was an active part of the north/south CPR line and was also used by Twin Cities and Western It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve first reading of Zoning Ordinance Map amendment and set second reading for November 20, 2000. The motion passed 7-0 6j. Motion to Approve Contract for Organizational Development Services with Bridget Gothberg effective 1/1/01 Councilmember Sanger stated that she agreed with the overall goal of requesting the services of Bndget Gothberg, but for legal reasons she was against bringing Bridget Gothberg on as an independent contractor rather than a City employee. Charlie Meyer, City Manager commented on the experimental nature of this work and contract and was willing to continue to work with the city attorney and staff to make sure everything was legally conforming and in the best interest of both parties. Councilmember Bnmeyer suggested that this item be tabled to explore the options, but philosophically didn't want to delay this issue any longer. It was moved by Councilmember Sanger, seconded by Councilmember Bnmeyer, to support bnnging Bndget Gothberg on to do Organizational Development starting 1/1/01, but not specifying the mechanism and details of how this will be worked out, and direct the City Manager and City Attorney to continue to work on achieving the best possible mechanism to accomplish that The motion passed 7-0 Councilmember Nelson agreed with Councilmember Sanger's comments about the legalities and tax implications of the current contract that was before the Council, but thought that those difficulties were probably able to be worked out and he was willing to support either approach. • Council Meeting Minutes -8- November 6,2000 7. Resolutions, Ordinances, Motions - None 8. Board and Committees - None 9. Communications From the City Manager—None From the Mayor—Mayor Jacobs encouraged all residents to get out and vote on Election Day and to contact the City with any questions on registration or precinct location. 10. Adjournment - Mayor Jacobs adjourned the meeting at 8.30 p.m,.,-Cit Clerk Mayo ' p