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HomeMy WebLinkAbout2001/08/20 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA August 20, 2001 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 Brimeyer, Chns Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Councilmember Ron Latz arrived at 7:35 p.m. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott), Planning and Zoning Supervisor (Ms Jeremiah); City Engineer(Ms. Hagen); Supenntendent of Engineering (Mr Moore); Environmental Health Official (Mr Camilon); Planner (Mr. Smith), Nature Center Manager (Mr. Oestreich); Activites Specialist (Ms. Keiser); Human Resources Manager (Ms. Gohman), and Recording Secretary (Ms. Samson) 2. Presentations a. Recognition for Eileen Baron Resolution No. 01-074 Upon her retirement, Inspections Department Secretary Eileen Baron was recognized for 26 years of service to the City of St. Louis Park. Mayor Jacobs presented a resolution to honor Ms. Baron, and City Manager, Mr. Meyer, commented on Ms. Baron's service to the City and St Louis Park residents b. Recognition for Darryl Sundberg Resolution No. 01-073 Upon his retirement, Battalion Chief Darryl Sundberg was recognized for 29 years of service as a fire fighter, the last 3 i/ years as Battalion Chief, to the City of St. Louis Park. Although Mr. Sundberg was unable to attend, Mayor Jacobs read the inscription on the plaque to be presented to him. c. Junior Naturalists Appreciation Presentation Mr. Mark Oestreich, Westwood Nature Center Manager, and Ms Sarah Keiser, Activities Specialist, honored Junior Naturalists from Westwood Nature Center. A video of the Junior Naturalists was shown. 3. Approval of Minutes a. City Council Minutes of August 6, 2001 The minutes were approved as presented wan the following changes: Councilmember Young asked that cost be inserted on Page 10, Paragraph 3, Line 2 immediately after"would reduce". Council Meeting Minutes -2- August 20, 2001 Mayor Jacobs correctly pointed out the spelling for the Junior Leader Coordinator is Patti Hreno and not Reno (Page 1, Paragraph 3, Line 4). b. Study Session Minutes of July 9, 2001 Councilmember Santa said Page 15, Paragraph 6 should read: "Councilmember Santa had seen memorials designed by orphans of veterans that were very moving and suggested contacting orphans of veterans groups, and other organizations, for their input on the design of the memorial " 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. a. Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0 b. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the following Consent Agenda Items. The motion passed 7-0. 1. Motion to approve extension of Frauenshuh's Final PUD and Final Plat consideration until November 30, 2001 —Case No 99-19-PUD 2. Adopt Resolution No. 01-082 establishing a fee for shed permits and Ordinance 2202-01 authorize Miscellaneous Zoning Ordinance amendments to Sections 14.5-4.1(C)(7), 14.6-1 2(C)(5), 14.6-4.8(C)(3), and 14:8-2 to relocate the permit requirements and add some flexibility for the construction of sheds under 120 square feet, require a time frame for the installation of driveways and landscaping for one and two-family homes, make the Certificate of Occupancy section of the Zoning Ordinance consistent with the recodification of the City Ordinance Code, appiove summaiy oidinance, and authorize publication. 3. Approve Ordinance 2203-01 amendment changing boundaries of zoning districts, northern portion of property located at 2201 Edgewood Avenue, subject to approval of the Comprehensive Plan amendment by the Metropolitan Council, approve summary ordinance, and authorize publication. 4. Authorize the City Manager to execute a new contract for 2001-2002 North Hennepin Mediation Program Inc. for mediation, conciliation, information and referral, and public education services for the remainder of 2001 and all 2002. Council Meeting Minutes -3- August 20, 2001 5. Approve an application for Teiriporaiy On-Sale Intoxicating Liquor License - Holy Family Fall Festival, September 15 & 16, 2001, 5900 West Lake Street, St Louis Park 6 Adopt Resolution No. 01-083 approving Temporary Parking Restrictions for the Holy Family Fall Festival —Lake Street between Zarthan and Alabama Avenues September 15 and 16, 2001. 7 Adopt Resolution No. 01-074 and Resolution No. 01-073 recognizing Eileen Baron and Darryl Sundberg for their many years of dedicated service to the City of St. Louis Park. 8 Designate Kovatch Mobile Equipment Corporation as the lowest responsible bidder for one (1) Mini-Pumper for Rescue/Fire Suppression and to authorize execution of a purchase agreement in the amount of$130,565.00. 9. Designate Ron Kassa Construction as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$48,349.50 for alley paving —2700 block Brunswick Avenue and the C.P. Railroad tracks. —Project No. 01- 18 10. Motion to accept the following reports for filing: a. Planning Commission Minutes of August 1, 2001 b. Housing Authority Minutes of July 11, 2001 c. Vendor Claims d. Human Rights Commission Minutes of July 18, 2001 e. Parks & Recreation Advisory Commission Minutes of May 16, 2001 5. Public Hearings--None 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. First Reading of an Ordinance deleting provisions for licensing of housing compliance inspectors: City Code section 16-202. Mr. Manny Camilon, Environmental Health Official, presented a report regarding licensed housing inspectors. Mr Camilon expressed a concern about the lack of consistency among inspections in the last decade. Staff would like to add one full-time Environmental Housing Inspector Mr Camilon said the benefits of bringing the program hack into the realm of the Department of Inspections are. offer of quality housing inspection services for a reduced cost, scheduling and filling out of applications can be done simultaneously; offer of a 1-3 day response time for initial inspections or re-inspections; daily supervision of Staff and training of more inspectors will provide timely, accurate, and consistent inspections; daily use of one property maintenance code for all applications, e.g., point-of-sale, nuisance complaints, or multi-family will hone the inspectors' skills into more consistent inspections; a housing inspector training guide book will be developed for continual reference; and cross-training will significantly expand the department's ability to provide quality service. Council Meeting Minutes -4- August 20, 2001 Mr. Lee Kness, 2800 Florida Avenue South, a professional inspector, addressed the Council supporting the continued use of pnvate, licensed housing inspectors for home sale inspections. Mr. Neil Saltzman, 4205 Raleigh Avenue South, a pnvate, licensed inspector with the City, also spoke. Mr. Richard D Olson, 113 Ninth Avenue S.E., a licensed inspector, discussed liability, turn around, and pulling of inspectors' licenses. Councilmember Latz asked about inferior or questionable inspectors. Mr. Camilon said a few inspectors made gross mistakes in the past Mr. Meyer, City Manager, said the City would have the same liability as pnvate, licensed inspectors. Councilmember Nelson said a 3-4 day notice for an inspection would be acceptable. City Attorney, Tom Scott, said the City should have less potential liability than an individual housing inspector, inspections are viewed as a public duty and not as a duty to a particular individual requesting an inspection. Councilmember Nelson supports the motion, however, he continues to recommend buyers' inspections Councilmember Sanger said she has received numerous complaints about inconsistencies from inspector to inspector on the point-of-sale inspections. She said a 3-4 day notice for an inspection is acceptable Councilmember Sanger stated there is a public perception that inspectors may not be as forthcoming as they should be because referrals from real estate agents may decrease, therefore, City inspectors would lend a greater air of perceived neutrality to the process. She supports the motion. Mr. Camilon suggested that fees be set later in the year. Mayor Jacobs thinks the current ordinance is good, however, it merits some monitonng and flexible hours need to be explored, he added inspections must be done consistently and accurately It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading of an ordinance deleting licensing Section 16-202 in its entirety, and to set the second reading for September 4, 2001. The motion passed 7-0. Mayor Jacobs noted the date for the second reading is stated in the Agenda for September 6, 2001, however, Council will meet on September 4, therefore, the second reading will be September 4. 7b. Approval of the City's Comprehensive Water Resource Management Plan and Wetland Management Plan Resolution No. 01-077 Mr. Carlton Moore, Superintendent of Engineenng, reported that within a few months ordinances will be presented to the Council for consideration and an educational program will be initiated for Staff and the public about the new Comprehensive Plan and the Wetland Plan The other phase of this project will include completion of the Storm Water Improvement Projects. Most of the projects will be completed this year and some will carry over into 2002 Council Meeting Minutes -5- August 20, 2001 It was moved by Councilmember Sanger, seconded.by Councilmember Young, to adopt Resolution 01-077 approving Co'iitprehensive Water Resource Management Plan and Wetland Management Plan. The motion passed 7-0. 7c. First reading of Ordinance regarding Personnel Policies for City Employees Resolution No. 01-078 Ms. Nancy Gohman, Human Resources Manager, said informational sessions were held for St. Louis Park employees regarding personnel policies. Councilmember Nelson said that during a Study Session there was a discussion regarding the responsibilities of the City Manager position (Section IA) and Council decided it does not want to have any part of termination decisions. Hiring and termination decisions are to be made at the City Manager's discretion, however, Council would like input on department head hires and possibly the interview process Mr Meyer said the ordinance requires terminations to come before the Council on appeal and the abolishment of that ordinance and its subsequent replacement by a resolution would eliminate that particular provision; the provision relevant to department heads for both confirmation of hiring and termination will continue because that language continues in the Charter until such time as the Charter would be changed and, at that point, one could provide for a different policy. Mr Meyer said he thinks the Council will propose that the Charter Commission delete those provisions, and Mr. Meyer would still like to have some form of input from the Council on department head hires. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to waive the first reading of the Ordinance and to set the second reading for September 4, 2001, and to approve Resolution 01-78 adopting personnel policies. The motion passed 7-0 7d. The request of CSM/Rottlund for a major amendment to the approved Planned Unit Development for Pointe West Commons to add two townhomes onto an existing building. Case No. 01-39-PUD Resolution No. 01-079 Mr. Patrick Smith, Planner, said CSM and Rottlund are requesting two additional townhomes be added onto an existing building near the intersection of Zarthan Avenue and 16`h Street Development Staff and the Police Department have received about 25 complaints with regard to the construction activity at Pointe West Commons, and the majoiity of the complaints concern construction activities taking place before 7:00 a.m In three of the 25 calls Staff responded to, the Applicant was in violation of the PUD agreement Rottlund was issued, and has paid, three citations. It has been proposed to install signage stating permissible construction hours around the perimeter of the development. Council Meeting Minutes ,-6- August 20, 2001 Mr. Gary Berscheid, 1604 Blackstone Avenue South, addressed the Council regarding construction disturbances and he stated by the time the police amve the equipment has been loaded and the crew is gone. Mr Berscheid reported that Rottlund stated a March 2002 completion date. Mr. Michael Noonan, 3065 Centre Pointe Drive, Roseville, Rottlund Homes Officer, cited two issues: the planning merits and the behavior of Rottlund and the reaction of the community. Mr. Noonan stated the building is to be moved three feet but the move will be imperceptible to residents on Alabama Avenue. The two additional townhomes will extend the existing building by 22 feet, three feet on one side and 19 feet on the other side. Mr. Noonan discussed the misbehavior of some people associated with the various construction projects. He stated it is his personal responsibility to resolve residents' complaints and monitor the changes that have been made to comply with ordinances and minimize disruptions for the neighborhood Mr. Noonan said, barring an early winter, the physical construction of the units will be completed by March 2002, and outside work, i.e., greens and asphalt, will be done by August 2002. Councilmember Sanger suggested that the conditions of the resolution be modified to remove the word offending from the Section on Citations. She also suggested that a condition be added that if City Staff determines that construction related activity continues outside of approved construction hours, Rottlund will be required to provide a night security guard, at Rottlund's expense, to ensure that such violations do not continue. Mr. Noonan asked Councilmember Sanger what would trigger that from an implementation point-of-view. Councilmember Sanger responded if the complaints continued at the rate at which they have been, it would be too many. Mr. Noonan said he believes Xcel Energy and CSM are contributors to the disturbances. Councilmember Sanger said she would like to leave the identification of the violator to the discretion of Staff. Ms. Kathy Creger, 1637 Alabama Avenue South, stated her concern for children in the neighborhood due to humed and hasty construction drivers traveling on Alabama Avenue for lunch or breaks to get to the store. She said several times, without notification, Alabama Avenue has been blocked and school buses are unable to get through. Mr. Dan Hulke, 1600 Alabama Avenue South, supported Ms. Creger's concerns. Mr. Terry Kisling, 1648 Blackstone Avenue South, told the Council about dump trucks and cements trucks at about 10 30 a m. or 11 00 a m. on Blackstone on Thursday and Friday mornings. Mayor Jacobs suggested there be a greater police presence and enforcement. Mr. Alan Mayes, 1613 Blackstone Avenue South, said he is tired of the noise coming from the construction projects. Ms. Sue Hempel, 1633 Blackstone Avenue South, reported an electrical box and bamcades on Zarthan Avenue are blocking drivers' views. Councilmember Latz noted that CSM has not yet signed the assent form agreeing to the conditions of approval of the PUD amendment that was approved last February. Ms. Jeremiah, Planning and Zoning Supervisor, said CSM was concerned that they would be fined for violations that were actually the responsibility of Rottlund's crews, but that has not happened. She stated the word offending developer was added to the condition and the offending developer would be fined for violations. City Attorney, Mr. Scott, said he thinks the administrative penalty provision was added after the original development contract was entered into, and CSM will sign the assent form if a distinction is made between offending Council Meeting Minutes -7- August 20, 2001 developer. Councilmember Latz is not in favor,of making the distinction between offending developer and he would like to see'a c'onditibii'of the approval—he will support the approval tonight but only if CSM sign the agreement in its current form without the additional language, i e., the word offending. It was moved by Councilmember Sanger, seconded by Councilmember Young, to adopt Resolution 01-079 approving the major amendment to the approved Planned Unit Development subject to conditions listed in the resolution and with additional conditions as directed by the Council. The motion passed 7-0. Major Jacobs said he supports the motion with the amendments. 7e. The request of Costco Wholesale for a major amendment to the approved Planned Unit Development for Park Place Plaza to permit a 12-station fueling facility and an accessory building on Lot 9. Resolution No. 01-080 Mr Patnck Smith, Planner, reported Council reviewed this project earlier and tabled the item in order to provide the Applicant an opportunity to consult an SRF traffic consultant. Mr. Jack Frank, 999 Lake Drive, Issaquah, WA, Director of Real Estate Development for Costco, said Costco met with representatives from Arby's, Home Depot, and with Staff to address the congestion points. Mr. Ted Johnson, 899 Skokie Blvd., Northbrook, IL, Executive Vice President of Planning, focused his discussion on the access points on Home Depot's property and the aesthetics of the 12-station fueling facility. Ms Mane Cody, SRF consultant, said the all-way stop intersection is a major operational problem, however, SRF is not recommending any changes to the all-way stop. SRF recommends removal of four parking spaces from Arby's. Ms. Cody reported the SRF recommendation for Gamble Drive Extension is to combine it into one access point. After several questions from Councilmembers, Ms. Cody clarified the task assigned to SRF was to identify traffic operational congestion and safety problems during the noon peak hours. Mayor Jacobs proposed a condition to the PUD, i.e., the approval depends on the agreement between Costco and Home Depot that Mr. Frank mentioned earlier, and Councilmember Nelson interjected, as stated in 11G. Councilmember Latz said he is satisfied with the proposed traffic plan and he would like to make it a specific condition, and he is satisfied with the aesthetics. Councilmember Sanger moved to adept a resolution of denial for the major amendment to the PUD. The motion died for lack of a second. Councilmember Nelson recommended that section 11G of the resolution be modified to read "shall implement the traffic improvements recommended by SRF," and the language should indicate that the first recommendation of SRF, the improvement to Lot 8, will be made by Costco, the second is that the improvements will be made to Gamble Drive Extension consistent with Plan 3. Council Meeting Minutes -8- August 20, 2001 It was moved by Councilineinber Nelson, seconded by Councilmember Brimeyer, to adopt Resolution 01-080 approving the major amendment to the approved Planned Unit Development subject to making changes to section he proposed to 11G. Councilmember Bnmeyer said he thinks the City should hold a letter of credit from Costco, and Mr. Frank said a letter of credit is acceptable to Costco, however, Mr. Frank requested the City distinguish between improvements and enforcement issues. Councilmember Bnmeyer added that the cash is only for the traffic improvements that Councilmember Nelson put into amendment 11G. Councilmember Bnmeyer stated if Costco receives a Certificate of Occupancy, and improvements are not done, the City has Costco's money. Mr. Frank assured the Council that Costco is most willing to put up that security. The motion passed 6-1 (Councilmember Sanger opposed). 7f. The request of Evan Johnson (Thermetic Products Inc.) for a Comprehensive Plan amendment from Medium Density Residential to Commercial and a rezoning from R4 to C2 for the property located at 1409 and 1413 Colorado Avenue South. Case No. 01-37-CP and 01-38-Z. Resolution No. 01-081 Mr. Patrick Smith, Planner, provided a short history regarding the zoning for these properties. It was moved by Councilmember Young, seconded by Councilmember Nelson, to adopt Resolution 01-081 approving a Comprehensive Plan amendment subject to approval by the Metropolitan Council, approve summary and authorize publication, and approve first reading of rezoning ordinance and set second reading for September 4, 2001, subject to the approval of the Comprehensive Plain amendment by the Metropolitan Council. The motion passed 7-0. 8. Boards and Committees--None 9. Communications From the Mayor—Mayor Jacobs commented on the Park Commons groundbreaking. 10. Adjournment Mayor Jacobs adjourned the meeting at 11:30 p.u . �. Cit Clerk M. or