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HomeMy WebLinkAbout2000/04/03 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA April 3, 2000 1. Call to Order Mayor Jacobs called the meeting to order at 7 34 p m 2. Presentations a. Recognize Laurel Higgins - Human Right Commission Mayor Jacobs presented a certification of Appreciation for dedicated service to Laurel Higgins for her service to the Human Rights Commission from February 18, 1997 to December 31, 1999 b. National Telecommunicator's Week Proclamation Mayor Jacobs read a National Telecommunicator's Week Proclamation Heather Alex from the Police Department was present to receive the proclamation c. Week of the Young Child Proclamation Mayor Jacobs read a Proclamation establishing April 9th- April 15th as the Week of the Young Child 3. Roll Call , The following Councilmembers were present at roll call Jim Brimeyer, 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), Economic Development Coordinator (Mr Kleve), Planning Manager (Ms Jeremiah), Planning Associate (Ms Peterson), Director of Public Works (Mr Rardin), TV Coordinator(Mr Dunlap), and Recording Secretary (Ms Olson) 4. Approval of Minutes a. City Council Minutes of March 20, 2000 The minutes were approved as presented b. Study Session Minutes of March 13, 2000 The minutes were approved as presented with the following correction Page 12, Item 3, 2nd Paragraph, change to"Councilmember Sanger suggested that cut-through traffic could be stopped by eliminating the driveway from the townhomes to 16th Street and instead creating another exit from the townhomes either on Zarthan Avenue or through the hotel parking lot" Council Meeting Minutes -2- April 3, 2000 Page 13, Item 6, 1st Sentence, change to "Councilmember Sanger stated that she would like staff to look at other options for residents who would like to work on an expansion to their home, but the proposed improvement would go over an existing utility easement" 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Santa, seconded by Councilmember Nelson, to approve the consent agenda The motion passed 7-0 b. Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda The motion passed 7-0 c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances 6. Public Hearings 6a. Public Hearing regarding proposed change of control or transfer of the St. Louis Park cable franchise from Time Warner Cable to a new parent company, AOL Time Warner Reg Dunlap, TV Coordinator presented a staff report He indicated that the report from the City Attorney will be reviewed by the Telecommunication Commission on April 13, 2000 and public comment is welcomed He stated that Ken Huiras, Chair of Telecommunication Commission and Lance Leupold of Time Warner were present to answer questions Mayor Jacobs opened the public hearing Terry Jetsen, 3016 Lynn Avenue, stated that he has been very displeased from the service he has received from Time Warner He complained that customers used to have "free" cable in an apartment building, and at a certain point Time Warner no longer provided the same bulk account discount to the building so he had to pay for cable service He was upset about losing the TV Guide channel and having channel 23 transformed to a full time infomercial channel He believed that local channels graphics needed to be upgraded and would like to see a tier between basic ($10) and standard ($37)or ala carte offerings of individual channels, like Dish Network can do for some of their services (but not all) It was moved by Councilmember Nelson, seconded by Councilmember Santa, to continue the public hearing to May 1, 2000 The motion passed 6-0-1 Councilmember Latz abstained 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances Council Meeting Minutes -3- April 3, 2000 8a. Request by MSP Real Estate, Inc. for Final Plat and Final Planned Unit Development for Mill City Addition, a 200-unit apartment project Case Nos. 99-35-PUD, 99-37-S 7301 Walker Street Sacha Peterson, Planning Associate presented a staff report and recommended approval of the final plat and final PUD subject to the conditions in the resolution Councilmember Latz was concerned about the amount of parking available and asked how many proof of parking spaces would be available if 316 spaces were insufficient Ms Peterson stated that there were 10 proof of parking spaces that are right on either side of the garage entrance Councilmember Latz asked if the proof of parking was utilized would it interfere with the operation of the garage entrance Ms Peterson indicated that staff had some concern about that She stated that part of the reason that staff did recommend approval of the parking reduction was because of the understanding that a large number of these units were one bedroom and were being marketed to seniors Milo Pinkerton, 223 France Avenue South, explained that a redesign did take place and he would have liked to have more parking, but it has been his experience with other facilities that the parking was more than adequate, so the proof of parking would not be needed, but it was there in case it was It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt the resolution establishing the Mill City Tax Increment Financing District within Redevelopment Project No 1 and adopting the Tax Increment Plan therefor The motion passed 6-1 Councilmember Sanger opposed 8b. The request of Costco Wholesale for a major amendment to the approved Planned Unit Development for Park Place Plaza to permit a 139,144 square feet wholesale retail and tire service facility at 1625 Zarthan Avenue and 5799 W. 16th Street Case No. 95-51-PUD (Amended) Janet Jeremiah, Planning Manager presented a staff report She indicated that staff and the Planning Commission recommended that as condition of approval, the PUD site shall be brought into full compliance prior to a Certificate of Occupancy being issued for the Costco building This would ensure that if the improvements that were supposed to be completed a few years back are not done, the site can be brought into compliance In addition, staff and the Planning Commission recommend adding a specific condition requiring all sidewalks to be maintained in a clear, walkable condition at all times during which one or more building in the center are open She stated that staff and the Planning Commission recommend approval of the major amendment to the PUD for Costco and find no need for a new EAW subject to the conditions in the attached resolution (the Costco amendment conditions begin with number 9 in the proposed resolution and are underlined) Councilmember Nelson asked if the amount of proof of parking required has changed Council Meeting Minutes -4- April 3, 2000 Ms Jeremiah stated that staff and the Planning Commission recommend requiring additional spaces to be set aside as proof of parking or as an alternative, staff recommends allowing the amount of proposed parking on the Costco site, but eliminating the proposed interruptions to the pedestrian walkway, which should be unnecessary Councilmember Nelson stated that when he saw that the gas pumps were eliminated because of need for parking he was concerned that the City was requiring too much parking, but understands that it was Costco that was requiring parking over and above what the City requires He believed there was too much parking there and even if they don't want the curb cuts, there should be more proof of parking Councilmember Brimeyer was opposed to approving the resolution without evidence from Ryan that they would bring the site into compliance Mayor Jacobs questioned how this could be accomplished Ms Jeremiah stated that staff and the Planning Commission believe that since this is one PUD the Council could use the major amendment proposal to ensure that all of the provisions are brought up to exceptions Councilmember Sanger stated she had many concerns about this property and was opposed to the resolution She believed that retail was the wrong use for this property and was only making the impact of increased traffic in the nearby residential neighborhoods worse She was concerned about the increased in square footage and the lack of open space at this site She recommended that the City require a massive increased amount of proof of parking and a decrease in the sea of paved parking She was also concerned about the impact of the traffic on the neighboring sites and the impact of the truck loading dock being directly across from the residential neighborhood and didn't believed the screening wall proposed would do a significant job She noted that she has received complaints from residents that the delivery hour restrictions are not being honored at that site and believed they need to be enforced Councilmember Latz asked if Costco had any other business reason than the opportunity to share parking with the Home Depot site for having the proposed interruptions to the pedestrian walkway Ms Jeremiah wasn't aware of any other reasons to have the pedestrian walkway Councilmember Latz was inclined to support a staff recommendation to increase the amount of green space on this site He was adamant that the PUD site be brought into full compliance prior to a Certificate of Occupancy being issued for the Costco building and if that was not sufficient than he would support requiring a cash deposit for however much it would cost to bring everything into compliance before we go any further allowing Costco to open its doors Councilmember Nelson stated that he supported a staff recommendation to reduce the parking provided in this existing plan and also supported a requirement on the part of Ryan Companies for some financial guarantee that the site be brought into compliance Jackie Frank, Vice President for Costco, briefly explained the background and objectives of Costco and believed that there was a tremendous amount of synergy that would be derived from having Home Depo and Costco near one another He stated that the pedestrian walkway would encourage pedestrian access and enhance cross shopping opportunities He indicated that it would be a hardship to try and operate the business with limited number of parking stalls as recommended Council Meeting Minutes -5- April 3, 2000 Councilmember Brimeyer questioned the need for the larger building Mr Frank explained other Costco sites and that the building at this site was tailored to the site and was a balance between the parking and the geometry of the site He explained how Costco could not bring to market place the goods and services that were other communities and other markets in a way that it was felt that was appropriate for the Costco building plan with a smaller building Councilmember Latz stated that he was inclined to require the additional proof of parking, but still allow the pedestnan walkway Councilmember Nelson and Councilmember Santa concurred with Councilmember Latz Councilmember Sanger questioned the hours of operation Mr Frank explained that the delivery schedule and hours of operation would be confined to the hours that are limited in the PUD Councilmember Sanger was concerned about the additional traffic to what is already a very heavily traffic residential area Mr Frank explained that nature of the business and that traffic would be generated at off peak hours Dan Hulke, 1600 Alabama Avenue, Treasurer of Blackstone Neighborhood Association, was concerned about the outstanding issues with Ryan that are not in compliance, increased traffic and the need for a larger building _ The Council discussed how the City could ensure that Ryan complies with the onginal PUD Charlene Zimmer, Vice President of SRF Consulting presented a brief summary of the results of the traffic study Councilmember Sanger asked what alternative would be better to minimize the cut-through traffic either on Zarthan between 16th Avenue and Cedar Lake Road or the traffic on 16th Street west of Zarthan Ms Zimmer stated that the traffic analysis suggests that about 20% of the cut-through traffic would be eliminated with the realignment of Zarthan and from a logical point of view looking at the travel times, SRF could not conclude that there would be that kind of cut-through traffic The Council discussed their concern that Costco may be held to something that may be out of their control as it related to Condition on Page 48, 9fii that the entire PUD site shall be found to be in compliance with the conditions of the final PUD approval Mr Frank stated that he was concerned that Ryan had not been properly notified about the defects concerning the previous PUD and recommended that the City notify Ryan that they are not in compliance on certain matters Ms Jeremiah stated that this was already in progress, and indicated that it would be easier to address concerns related to landscaping if staff could wait until the trees leaf out a little more She stated that she didn't have a cost estimate primarily because of the landscaping issue Council Meeting Minutes -6- April 3, 2000 Councilmember Sanger asked if the requirement of a letter of credit in the amount of$150,000 would be sufficient to cover the costs Ms Jeremiah stated that $150,000 would be an sufficient amount Councilmember Nelson and Councilmember Latz questioned the need for this requirement unless Costco thinks they need this assurance from Ryan Mr Jackie recommended that the PUD defects be clearly articulated Gary Gandrood, 90 South 7th Street, stated that Ryan has been asking for a list of defects and they can't wait until the trees leaf out Councilmember Latz stated that given the history of Ryan on this site he desired to have some financial commitment from Ryan on this Councilmember Brimeyer was concerned with establishing an amount for the letter of credit He recommended that as an alternative, prior to issuance of Certificate of Occupancy, temporary or otherwise, that what is it going to take, five to six months for construction, so the buds will be out, that gives staff to develop a defect list put an estimated of cost with it and whoever is responsible for doing it puts up 110% of the estimated of cost prior to issuance of Certificate of Occupancy Ms Jeremiah stated that the standard was 125% Mr Scott, City Attorney clarified that the Council desired to add to Page 48 of the resolution, Section 9fii, "if the they doesn't comply when the time comes to issue a Certificate of Occupancy, then the applicant can post a letter of credit equal to 125% of the cost Ms Jeremiah stated that since this was a PUD there are actually dual applicants and signatures on the development agreement and this can be worked into the language Mayor Jacobs asked if this was amenable to the maker of the motion Councilmember Nelson and Councilmember Latz amenable It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve a resolution amending the Park Place Plaza Planned Unit and finding no need for new EAW subject to the conditions in the resolution and on Page 47 of the resolution, Section 9aii, delete "to eliminate the proposed cart curb cuts through the existing pedestrian connection or" and on Page 48 of the resolution, add to Section 9fii, "if they don't comply when the time comes to issue a Certificate of Occupancy, then the applicant can post a letter of credit equal to 125% of the cost The motion passed 6-1 Councilmember Sanger Opposed 8c. Zoning Ordinance Amendments CASE NO. 00-12-ZA - Ms Jeremiah, Planning Manager presented a staff report and stated that the Staff and the Planning Commission recommended approval Council Meeting Minutes -7- April 3, 2000 It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve first reading of Zoning Ordinance amendment modifying Section 14 6-7 E 8 to allow preliminary and final PUDs to be processed simultaneously under certain circumstances and set second reading for April 17, 2000 The motion passed 7-0 8d. Resolution Adopting Stormwater Management Documents By consent, Council adopted the attached resolution approving the Stormwater Utility Policy, the Flood Problem Area Guidelines, and the Flood Proofing Program used to operate the stormwater management program 9. Reports from Officers, Boards, Committees a. Charter Commission Minutes of January 12, 2000 b. Housing Authority Minutes of February 9, 2000 c. Planning Commission Minutes of February 16, 2000 d. Planning Commission Minutes of March 1, 2000 e. Police Civil Service Commission Minutes of January 27, 2000 f. Vendor Claims By consent, Council accepted all reports for filing 10. Unfinished Business - None 11. New Business l la. MSP Real Estate Development Agreement Mr Kleve, Economic Development Coordinator, stated that the City Council was required to approve the Development Agreement in addition to the EDA because there was a City land sale involved in this deal and recommended approval It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt the resolution approving the Contract for Private Redevelopment among the St Luis Park EDA, the City of St Louis Park and MSP SLP Apartments, LLC relating to its development of a 200 unit apartment building in the Mill City Tax Increment Financing District The motion passed 6-1 Councilmember Sanger opposed 11b. Bid Tab: Purchase of Granular Activated Carbon (GAC) Supply Contract By consent, Council authorized execution of a contract with Norit Americas Inc for the purchase of GAC in the amount of$55,600 00 Council Meeting Minutes -8- April 3, 2000 11c. 2000 Arbotect Injection Contract By consent, Council designated Rainbow Tree Care, Inc as the lowest responsible bidder and to authorize execution of a contract for the 2000 Arbotect 20-S Elm injection program at a cost of $8 69 per diameter inch 11d. Renewal of the Property and Liability Insurance Program through the League of Minnesota Cities Insurance Trust for 1999/2000 By consent, Council approved the insurance program as submitted by the League of Minnesota Cities Insurance Trust for the period 4/1/00 through 4/1/01 11e. Annual Insurance Renewal- Decline of Waiver on Municipal Tort Liability Limit By consent, Council moved to notify the LMCIT that the City Council does not waive the municipal tort liability limits 12. Miscellaneous - None 13. Claims, Appropriation, Contract Payments - None 14. Communications >From the City Manager- Mr Meyer reminded the Council of a meeting on Monday, April 10 from 6 00 p m to 7 00 p m prepare an agenda for the upcoming Staff/Council long range planning retreat >From the Mayor - None 15. Adjournment It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adjourn the meeting at 9 35 p m The motion passed 7-0 - pC Clerk Ma Y Yo