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HomeMy WebLinkAbout2002/01/07 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA January 7, 2002 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, Chns Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs Councilmember Latz was absent Also present were the City Manager (Mr Meyer), City Attorney (Mr. Scott); Community Development Director (Mr Harmening), Planning and Zoning Supervisor(Ms Jeremiah); Community Outreach Coordinator (Ms. McDonell); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Judge Oleisky to swear in Susan Sanger, Chris Nelson, Sue Santa and Sally Velick The following Councilmembers were sworn in by Judge Oleisky: Susan Sanger(Ward 1); Chris Nelson (Ward 2); Sue Santa (Ward 3); and Sally Velick (Ward 4). 2b. Human Rights Award Human Rights Commissioners were present to witness the presentation of Human Rights Awards to the following Arc of Hennepin and Carver counties, Ms Nancy Soucier, Dr Sabina Zimenng, and Ms Linda Trummer. 3. Approval of Minutes 3a. City Council Minutes of December 17, 2001 Councilmember Santa pointed out on Page 11, second to the last line, the Councilmember is not identified The sentence reads "Councilmember asked if neighbors" and it should read. "Councilmember Santa asked if neighbors" 3b. Study Session Minutes of December 10, 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 Council Meeting Minutes -2- January 7, 2002 4a. Approval of Agenda Councilmember Santa requested Item 3 be moved from the Consent Agenda to the Regular Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to move Consent Item 3 to the Regular Agenda The motion passed 6-0. 4b. Approval of Consent Items It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the following Consent Agenda Items as amended. The motion passed 6-0. 1. Approve 2002 City Council meeting dates 2 Adopt Resolution No. 02-004 designating the St. Louis Park Sun-Sailor as the City's Official Newspaper for 2002 3. Moved to the regular agenda as Item 7c. 4 Accept the following reports for filing• a Board of Zoning Appeals Minutes of October 4, 2001 b Planning Commission Minutes of December 5, 2001 5. Public Hearings--None 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Appointment of Mayor Pro Tem Resolution No. 02-001 It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to aprove Resolution No. 02-001 appointment of Councilmember Latz as Mayor Pro Tern. The motion passed 6-0. 7b. Request by CSM/Rottlund for a major amendment to the approved Planned Unit Development for Pointe West Commons to allow additional occupancy prior to roadway and signal improvements. Northwest quadrant of 16th Street and Zarthan Avenue, Case No. 01-57-PUD. Resolution No. 02-002 Council Meeting Minutes -3- January 7, 2002 Janet Jeremiah, Planning and Zoning Supervisor, reported the developer is requesting a PUD amendment to allow occupancy of all five townhome buildings to be occupied prior to completion of the roadway and signal improvements. Staff deems the developer's request to be a major amendment. The Planning Commission recommended approval of the amendment with the conditions that only four of the five townhome buildings be occupied prior to the completion of the roadway and signal improvements, that residents could continue to use Zarthan Avenue, that the developer would work with the City with regard to the timing of the improvements and completion of the fifth building, and the developer shall abide by any conditions imposed by the Fire Marshal The following St Louis Park residents express their continuing concerns regarding the Pointe West Commons project. Mr Dan Hulke, 1600 Alabama Avenue South; Mr Hans Widmer, 1601 Alabama Avenue South, and Mr Gary Berscheid, 1604 Blackstone Avenue South The residents voiced concerns regarding vulgar language from construction workers, delays, construction vehicles parked on 16`h Street, the use of 16th Street as an exit, early starts; construction materials being blown into residents' yards; and OSHA horns sounding every day. Mr Berscheid would like to know if the developer faces a penalty if the project is not completed by December 31, 2002. Tom Harmening, Community Development Director, responded the Economic Development Authority's ("EDA") contract with Rottlund indicates the buildings and site improvements must be done by December 31, 2002, and if that deadline is not met they would be in default of the development contract. The City would then write to Rottlund asking how they intend to remedy the default, and Rottlund would have 30 days to remedy the default or inform the City as to how they propose to remedy the default. The City Council or the EDA will need to determine if the proposed remedy is a reasonably satisfactory response to the default situation; if reasonable, a later completion date may be appropriate or if unreasonable, the tax increment payment to Rottlund could be withheld until the default is remedied. If the default is not remedied within three years of January 1, 2003, the EDA may cancel the development contract and withhold any tax increment payment Mr Berscheid asked the Council to table CSM/Rottlund's request He believes adequate legal notice was not provided to residents—he received his letter of notice dust hours before tonight's meeting Ms Jeremiah stated the legally advertised public hearing was announced at the Planning Commission meeting and, as a courtesy, the City mailed letters of notice to some residents Mr Michael Noonan, Vice President of Rottlund Homes & David Bernard Builders & Developers, 3065 Centre Pointe Drive, Roseville, addressed the Council Mr Noonan said he addressed the use of vulgar language with the site supervisor immediately; construction on the last building will begin before the summer; there are more than six people working on the site; and Xcel's delay greatly impacted Rottlund's progress. Mr Noonan stated to table the motion would mean greater delay and expense. He is confident the project will be in a good position to be completed by December 31, 2002 Councilmember Sanger underscored the urgency to get this project completed. She is concerned about the timeframe for the completion of the fifth building, and asked about its completion date. Mr Noonan said he anticipates construction of the fifth building to start in April or May Councilmember Sanger suggested adding an additional condition to the PUD amendment, and she would like the resolution to reflect that "the Rottlund company has agreed to initiate the construction of the last building in this project by no later than the last day of May 2002". Mr. Noonan said he can agree to that date. Council Meeting Minutes -4- January 7, 2002 Councilmember Sanger asked City Manager, Charlie Meyer, why the park, which was scheduled to be completed in July, 2001, is still unfinished. Mr. Meyer said it is his understanding CSM is to complete final grating as soon as weather permits crews onto the park site to remove top soil and lay seed In regard to parking vehicles on 16th Street, Ms. Jeremiah said the Fire Marshal and Staff have indicated the need to keep a fire lane open, therefore, construction workers may park their personal vehicles on 16th Street but heavy equipment vehicles are prohibited, and only a limited amount of activity will be allowed in the fronts of some of the townhome buildings in order to complete construction. Ms. Jeremiah said she will check on parking prohibitions on Zarthan Avenue. Councilmember Sanger commented that perhaps parking could be redirected to the excess parking spaces on hotel properties just north of this project. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to approve Resolution No. 02-002, a major amendment to the Pointe West Commons PUD to allow occupancy of up to four buildings (66 units)prior to completion of roadway improvements and subject to the conditions included in the resolution-- and that the Rottlund company has agreed to initiate the construction of the last building in this project by no later than the last day of May 2002. The motion passed 6-0 7c.: A resolution authorizing parking restrictions along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west. Traffic Study No. 560 Resolution No. 02-005 Councilmember Santa provided feedback regarding Traffic Study 560 She stated Ember's restaurant was notified; and parking is now restricted 75 feet west of the intersection. It was moved by Councilmember Santa, seconded by Councilmember Velick, to adopt Resolution No. 02-005 authorizing restricting parking along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west. The motion passed 5-0 (Councilmember Nelson was absent) 8. Boards and Committees 8a. Term ending reappointments for boards and commissions It was moved by Councilmember Santa, seconded by Councilmember Sanger, to reappoint Paul Roberts, Ashley Tomoson, Dennis Morris, Michael Gorelick, Rick Dworsky, Ken Hurias, and Dale Hartman to their respective boards and commissions The motion passed 6-0 8b. Appointment of Commissioners to the Bassett Creek Watershed Management Commission. Resolution No. 02-003 Council Meeting Minutes -5- January 7, 2002 It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt Resolution No. 02-003 appointing Ken Gothberg, Commissioner and Sally Velick, Alternate Commissioner to the Bassett Creek Watershed Management Commission The motion passed 6-0. 9. Communications--None 10. Adjournment Mayor Jacobs adjourned the meeting at 8.36 p.m. jes2.): _ Secretary M.yor