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HomeMy WebLinkAbout2001/11/05 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA November 5,2001 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chns Nelson, Susan 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. Harmemng); Planning and Zoning Supervisor(Ms. Jeremiah); Human Resources Manager(Ms. Gohman); City Clerk(Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Introduction of St. Louis Park Ambassadors Mayor Jacobs introduced the Junior Ambassadors, Senior Ambassadors, and St. Louis Park Royalty. Miss St Louis Park, Kate Thomas, recognized the Council for their support of the Ambassador's program. 2b. League of Women Voters New Neighbor's Guide Mayor Jacobs reported the League of Women Voters has compiled a book called The New Neighbor's Handbook, and it will be available in several languages. Ms. Dorothy Carlson addressed the Council regarding the preparation of the book, and Ms. Carlson thanked the Council for their assistance in pnnting of the book. 3. Approval of Minutes 3a. City Council Meeting Minutes of October 15,2001 The minutes were approved as presented with the following changes: Regarding Mr. John Basill's comments, the last sentence of Page 9, Councilmember Nelson said it seems to imply the thrust of the sentence is that Mr. Basill favors traffic going to the south, which may be incorrect; Councilmember Nelson believed Mr. Basill's intent was to to state that if traffic goes south and we build to the south, that would be the best case scenario. Councilmember Nelson suggested that the minutes be changed to reflect that statement. In regard to Page 10, Councilmember Nelson recommended the following: Make the amendment but also include in the report itself some bracketed language indicating the Council made changes so the readers of the report's final version will be aware of the changes. City Manager, Mr. Charlie Meyer, said he will make the changes in the report to indicate the Council made the change in its resolution. Council Meeting Minutes -2- November 5, 2001 3b. Study Session Minutes of October 22,2001 The minutes were approved as presented. 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 appropriate section of the regular agenda for discussion. 4a. Agenda It was moved by Councilmember Latz, seconded by Councilmember Nelson, to approve the agenda. The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the following Consent Agenda Items. The motion passed 7-0. 1. Adopt Ordinance No. 2213-01 amending the Local Tax on Lawful Gambling, approve the summary and authorize its publication. 2. Adopt the Resolution No. 01-123 that supports requesting state funding for the grade separation of the pedestrian/trail crossing at Hennepin County State Aid Highway No. 25 and Belt Line Boulevard. 3. Motion to accept the following reports for filing. a. Housing Authority Minutes September 12, 2001 • _ , b. Planning Commission Minutes October 3, 2001 a . ax c. Monthly Crime Report d. Human Rights Commission Minutes of September 12, 2001 e. Vendor Claims Report 4. Motion to adopt the first reading of an ordinance amending Ordinance 2200-01 Vacating Certain Streets, an Alley, and a Sidewalk Easement East of Quentin Avenue, North of Excelsior Boulevard to the Southern Portion of Wolfe Park, and West of Monterey Drive and set second reading for November 13, 2001. 5. Adopt Resolution 01-124 accepting work on concrete alley paving 2700 block Brunswick Avenue So—City Project 01-18 - Contract No. 89-01 Council Meeting Minutes -3- November 5, 2001 6. Approval to modify the Home Renewal Program to include a major remodeling - component and authorize the Housing Authonty (HA) Board to administer the program within budgetary and programmatic limits and guidelines set by the City Council. 5. Public Hearings--None 6. Requests,Petitions,and Communications from the Public--None 7. Resolutions, Ordinances,Motions 7a. 1st Reading of an ordinance adopting administrative penalties procedures for certain violations of city code. City Clerk, Cindy Reichert, said this is the first reading of an ordinance to allow the establishment of administrative penalties procedures for violations of certain code provisions, which would provide an alternative to the county court system in the enforcement of the City Code. Ms. Reichert said, currently, county citations are issued or formal complaints are filed, which require a court appearance. The new procedure would allow for the issuance of a city citation and the subsequent charge of an administrative fee or fine for some violations. It would be at Council's discretion to establish which violations in the City Code they want to apply this procedure to. Presently, only four code violations have been identified as going forward with the new procedure, which would be done by resolution; a resolution will be presented at the second reading with the four code violations listed. The violations under consideration are: failure to allow access to water meters or utilities; failure to remedy ordered utility repairs; failure to comply with sprinkling restrictions; and failure to comply with sidewalk snow removal requirements. Councilmember Sanger would like to know if a mechanism is in place for nonpayment of a fine, e.g., the unpaid fine is added to one's property taxes. Ms. Reichert said abatement procedures remain in place; if a City crew removed snow from one's sidewalk, the charge, which is for a service, can be assessed to the property and can go against one's property taxes, however, the City may not collect fines and administrative penalties from property taxes. (See also City Manager Mr. Meyer's comment under Item 9, Communications). It was moved by Councilmember Latz, seconded by Councilmember Sanger, to approve first reading and set second reading for November 19, 2001 establishing procedures for achieving compliance with certain code provisions allowing for citations and fines separate from those imposed by the county court system. The motion passed 7-0. Ms. Reichert added: The amount of the fine to be proposed in the resolution will be $25.00 per occurrence. Council Meeting Minutes -4- November 5, 2001 7b. Non Union Compensation—2002. Resolution No. 01-125 Human Resources Manager, Nancy Gohman, reported on non-union compensations compnsed of three parts: the general increase of 3.5%; a 3.5% increase to paid-on-call firefighters for their bonus plans and wages; and a 3.5% increase for the City Manager's compensation. Ms. Gohman said because the City Manager's salary has met its cap, the City must make a request to the Department of Employee Relations for a formal exemption. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution 01-125 confirming the City Manager's decision to set a 3.5% standard adjustment for non-union salaries for 2002, increase the performance bonus and rate of pay for paid-on-call firefighters by 3.5% and approve an adjustment to the City Manager's salary. The motion passed 7-0. Councilmember Latz inquired of Ms. Gohman if union contracts are also offering increases of 3.5%, and she responded, yes, the City has been fairly consistent. Ms. Gohman also stated, at this time, four of five contracts are still open for 2002. 7c. Establishing employer contributions for employer-provider cafeteria style benefit programs for 2002 for non-union positions and the City Manager. Resolution No. 01-126 Human Resources Manager, Nancy Gohman, reported on the City's contribution toward employees' cafetena benefits plan. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution0l-126 establishing city contribution 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 2002. The motion passed 5-1. Councilmember Nelson opposed. Councilmember Latz was absent. 7d. The request of Xcel Energy for a Conditional Use Permit for the excavation of 2,500 cubic yards of soil and replacement of 2,640 cubic yards of fill and a variance from the landscape bufferyard requirements along the south property boundary at 2201 Edgewood Avenue South. (Cedar Lake Road and Edgewood Avenue) Resolution No. 01-127 and Resolution No. 01-128 Case No. 01-46-CUP and 01-50-VAR Planning and Zoning Supervisor, Janet Jeremiah, reported that in August 2001, Council rezoned the entire property at the southeast corner of Edgewood Avenue and Cedar Lake Road to industrial. She said Xcel Energy (Xcel) has applied for a variance to allow them to eliminate the need for a bufferyard Just along the south property line. A conditional use permit is also required due to Xcel's plan to excavate and replace soil on site due to soil correction. On October 17, 2001, the Planning Commission removed one of Staff's Council Meeting Minutes -5- November 5, 2001 recommendations for a decorative fence around the facility, indicating a standard chain link fence would be adequate. The Planning Commission recommended denial of the variance between the two industrial properties, i.e., Xcel's and the bus company's property. Ms Jeremiah noted the bus company is required to plant additional landscaping along the adjoining property boundary with Xcel and Edgewood Avenue. The bus company has committed to planting the required landscaping in the late spnng or early summer of 2002; Staff has financial sureties to that. Ms. Jeremiah stated Xcel is exceeding the required landscaping on Edgewood Avenue and Cedar Lake Road, and Xcel has proposed that they will plant additional landscaping on the bus company property as well for the purpose of additional screening. Ms. Jeremiah said the requirement for a decorative fence has been removed. Councilmember Sanger asked: Because the requirement for a decorative fence has been removed, why are we continuing to allow a reduction in the amount of Class I materials? Ms. Jeremiah said the proposal actually meets the standard findings for the reduction in the Class I material with or without the decorative fence. Councilmember Latz said he opposes anything that would cause Xcel to move their substation north—that would be counterproductive, especially for the nearby residential areas. r Mr. Greg Schneider, Xcel right-of-way agent, addressed the Council. He said on the issues regarding the variance, not only is it a rodent entrance problem but Xcel desires to eliminate a means for anyone to climb and gain access to the substation, and trees can aid in gaining such access. The same is true for barbed wired on the top of the fence. Xcel would like to avoid pushing the bufferyard onto the neighboring property. Mr. Schneider is in contact with the bus company, and he informed them Xcel would like to assist the bus company with the bufferyard on the bus company's property if the City requires part of the bufferyard to be on bus company property, however, he has not heard back from the bus company regarding what Xcel may plant, if anything, on bus company property. Councilmember Latz asked if the bus company has stated if they have a problem with a bufferyard not being there; Mr. Schneider said, yes, they have. It was mentioned that an unidentified individual from the bus company wanted to talk to the landowner, the unidentified individual wants to be a good neighbor and sees no real need for a bufferyard between the substation and the bus property as he is aware of the amount of planting and landscaping around the perimeter of Xcel's property (along Cedar Lake Road and Edgewood Avenue). Councilmember Latz commented he is concerned that if a new tenant were on the bus company property or if that property were to be redeveloped or changed to another use, would the tenant prefer to have the bufferyard there or the screening, which one is entitled to under current ordinances. Councilmember Sanger believes there is another way to satisfy the bufferyard requirements through fencing rather than through vegetation. She asked if bufferyard requirements have been explored that way. Ms. Jeremiah said the fencing has been taken into account but there is also a planting requirement. Council Meeting Minutes -6- November 5, 2001 Councilmember Young said he would like Council to go forward with the motion on the Conditional Use Permit (CUP) and move the adoption of the resolution on the bufferyard alternative variance approval. Councilmember Young thinks Council must continue discussion so he will hold off on a motion. Councilmember Nelson asked if the City has a separate arrangement with the bus company and, if so, what is the source? Ms. Jeremiah said the source is the bus company has outdoor storage of buses on their property, which means there is a screening requirement for the outdoor storage yard, and the screening requirement remains unmet. Additionally, a paving requirement also remains unmet. Recently, Staff has received the financial surety to cover those improvements in the event the bus company does not follow through. Councilmember Nelson asked Ms. Jeremiah: If Xcel works with the bus company to increase the bufferyard to the south, how would the City be able to guarantee the increased bufferyard remains intact if there were to be a title transfer on the bus company property? Ms. Jeremiah responded, the ordinance requires that be done by covenant, i.e., records that run with the property to ensure that it continues. Councilmember Nelson thinks Council should require the bufferyard and a covenant with the bus company. Councilmember Sanger is unprepared to support the variance request but she will support the Conditional Use Permit. Mr. Schneider said Xcel would be willing to accommodate the bufferyard if Council thinks a wood timber fence would adequately meet a bufferyard requirement. Mr. Schneider explained Xcel has extinguished a lot of its options, e.g., one key option extinguished was the granting of additional Xcel property west of the existing substation to the City in order for the City to proceed with its Edgewood Avenue Improvement Project. It was moved by Councilmember Young, seconded by Councilmember Nelson, to adopt Resolution 01-127 approving the Conditional Use Permit subject to the conditions recommended by the Planning Commission and included in the resolution. The motion passed 7-0. Councilmember Young said he proposes that Council add to the granting of the variance the inclusion of installing a timber fence that would help on the Xcel property line, and that would be a compromise to an additional buffer without the giving of the entire variance. It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to adopt Resolution0l-128 granting the bufferyard variance based upon findings that the seven criteria have been met and with the addition that a timber fence be put in place to add additional buffer. The motion passed 7-0. Councilmember Bnmeyer suggested delaying the installation of the fence on the south side until June 1, 2002 so that the bus company's screening and Xcel's screening can come together to achieve a coordinated outcome. Council Meeting Minutes -7- November 5, 2001 Director of Community Development, Tom Harmening, said the City has a$230,000 letter of credit from the bus company for purposes of insuring the gravel lot is paved and some landscaping is installed, but he is unsure what ability the City has under its ordinance to mandate the bus company to do some screening along the north side of its property adjacent to Xcel. Mr. Schneider stated it is his understanding the motion includes an eight-foot high timber fence along the south property line. 8. Boards and Committees 8a. Reappointment of William MacMillan to the Fire Civil Service Commission It was moved by Councilmember Young, seconded by Councilmember Nelson, to reappoint William MacMillan to the Fire Civil Service Commission. The motion passed 7-0. 9. Communications From the City Manager—Mr. Meyer addressed a question Councilmember Sanger asked earlier about abatement in regard to individuals who do not shovel their sidewalks (see Item 7a), and Mr. Meyer said abatement will be the exception and not the rule, other remedies will be tried first. Mr. Meyer reported the excavation for Park Commons went very well, and excavation is expected to be completed the week of November 5. As construction progresses, so too will excavation but the major removal of soils has been completed. From the Mayor—Mayor Jacobs reported he spoke to various third-grade classes about St. Louis Park's future, and Park Commons was a prominent discussion item. According to Mayor Jacobs, it appears Park Commons is a huge hit with the 8- and 9-year-olds. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:44 p.m. / Cit Clerk Ma,or