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HomeMy WebLinkAbout2002/11/04 - ADMIN - Minutes - City Council - Regular ST.ITY LOUOFIS OFFICIAL MINUTES PARK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 4, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p m. The following Councilmembers were piesent at roll call• Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs Councilmember Ron Latz was absent. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Knetsch), Director of Community Development (Mr. Harmening), Police Chief(Mr. Luse); Planning and Zoning Supervisor(Ms Jeremiah); Planning Consultant (Mr Ingraham), Human Resources Manager (Ms. Gohman), Civic TV Coordinator (Mr. Dunlap), Housing Programs Coordinator(Ms. Larsen); and Recording Secretary (Ms. Samson). Additional Staff present were Police Lieutenant (Mr. DiLorenzo); Support Services Sergeant (Mr Giebel); and Housing Supervisor (Ms Schnitker). 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of October 21, 2002 The minutes were approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTES The Consent Calendar lists 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 Accept for filing Board of Zoning Appeals Minutes of August 22, 2002 4b Accept for filing Human Rights commission Minutes of September 18, 2002 4c Approve Resolution No. 02-121 authorizing final payment for Elec Install & Maint #100-02, EVP System, in the amount of$30,600 4d Approve a 6 month extension of Beltline's Wolfe Lake Professional Center Final PUD and Final Plat consideration until April 15, 2003 4e Adopt Resolution No. 02-122 amending Vail Place final plat approval to extend the plat filing deadline to January 2, 2003 4f Accept for filing minutes of Park and Rec Advisory commission meeting of September 18, 2002 Council Meeting Minutes -2- November 4, 2002 It was moved by Councilmember Sanger, seconded by Councilnzember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions--None 6. Public Hearings 6a. Public Hearing regarding AOL Time Warner Restructuring Resolution No. 02-133 Civic TV Coordinator Reg Dunlap reported that the City Attorney's report is thorough and the Telecommunications Commission has received a verbal update. Staff supports the City Attorney's recommendation to ultimately grant the recognition of the transfer of the Time Warner transaction. , Mayor Jacobs opened the public hearing. Lance Leupold, Time Warner Cable Director of Public Affairs, said local management will continue to remain in place, and Time Warner Cable's (TWC) practices and policies will remain the same. City Attorney E. Knetsch assured Councilmember Sanger that the FCC will review the foundation of the financials in regard to this transaction. Councilmember Sanger asked if the City Council could delay action on this item until the FCC has reviewed the financial aspects of this transaction. Mr. Knetsch said he will research that information and respond prior to the next meeting. Mr. Knetsch added that the FCC will review the anti- competitiveness aspects of the transfer, the new corporation, and market share. City Manager Charlie Meyer explained that technically there is no first and second reading for this item because it is not an ordinance (an ordinance would require a first and second reading); it is a public hearing which must be followed within 30 days with a resolution adopted by the City Council. He further explained that if the council is comfortable with the resolution, a motion could be made immediately to adopt the resolution. Mayor Jacobs closed the public hearing. Councilmember Sanger asked if the quality of service will diminish due to the restructuring Mr. Dunlap said the franchise agreement addresses quality of service, and TWC has met the federal standards every year for such. Mr. Dunlap added that the Telecommunications Commission addresses service complaints on a case-by-case basis. It was moved by Councilmember Brzmeyer, seconded by Councilmember Nelson, to adopt Resolution No. 02-133 providing for the change in control of a cable television franchisee The motion passed 6-0. Council Meeting Minutes -3- November 4, 2002 7. Requests, Petitions, and Communications from the Public 7a. Contract for Public Safety Dispatch 1/1/02— 12/31/03 Resolution No. 02-119 Human Resources Manager Nancy Gohman reported on the public safety dispatch settlement and labor agreement. It was moved by Councilmember-Sanger, seconded by Councilmember Santa, to adopt Resolution No. 02-119 approving a Labor Agreement between the City and Law Enforcement Labor Services Inc. (Local#220)for Public Safety Dispatch, establishing tenns and conditions of employment for two years: 1/1/02 — 12/31/03. Councilmember Nelson explained that he always votes against such City contracts because he does not agree with the formula for how the benefits program is funded, e.g., benefits for single people are over-funded, which means money is put into their pockets thereby increasing their salaries. Councilmember Nelson stated the City under-funds benefits for marned individuals and those with children thereby reducing their salaries Councilmember Nelson said he promotes equal work for equal pay, and he thinks the City's approach confuses benefits with pay. The motion passed 5-1. (Councilmember Nelson opposed). .7b. Establishing employer contribution for employer-provider cafeteria-style benefit programs for 2003. Resolution No. 02-120 Ms Gohman summarized insurance benefits and premiums for 2003 for City employees. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 02-120 approving a $40/mo. increase in the employer contribution for the cafeteria benefit plan for 2003. The motion passed 5-1. (Councilmember Nelson opposed) 7c. Cedar Trails Condominium Association Housing Improvement Area Ordinance No. 2231-02, Resolution No.'s 02-117 and 02-118 Housing Programs Coordinator Kathy Larsen reported on the Cedar Trails Condominium Association Housing Improvement Area, and four actions are required. Ms Larsen said members of the Cedar Trails Condominium Association are present to answers questions, as well as attorney Stephen Bubul of Kennedy & Graven. Mr Knetsch said it is acceptable to move the four motions as one It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to approve Ordinance No. 2231-02 to establish the Cedar Trails Housing Improvement Area, approve summary and authorize publication 2. To approve Resolution No. 02-117 to impose fees Council Meeting Minutes -4- November 4, 2002 3. To authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and the Cedar Trails Condominium Association. 4. To approve Resolution No. 02-118 establishing internal loan fund. The motions passed 6-0. 7d. First reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of the St. Louis Park Municipal Code concerning pawnbrokers and providing a penalty for violation Police Chief John Luse reported on the establishment of a draft of a new ordinance, which would provide for reasonable oversight and regulation of pawnshops in St Louis Park. The ordinance would authorize St. Louis Park to become part of the Automated Pawn System (APS). Chief Luse explained that the ordinance would implement and establish the required use of APS; establish the ability to collect fees; maintain a maximum number of pawnbroker licenses issued during a calendar year at three (3), and allow Council to consider a reduction in this number from three to two; expands provisions regarding transactions and receipts, which provides for detailed information needed to make APS effective; creates a mandatory three-day holding period on merchandize pnor to resale; provides for a police order to hold or confiscate an item in cases when a three-day holding period is inadequate or when an item in question is determined to be evidence or stolen. For the record, Mayor Jacobs acknowledged receipt of Mark Pearson's email, dated November 1, 2002. Mr. Pearson is co-owner/shareholder of Excel Pawn, Inc., 7003 West Lake Street Chief Luse responded to Mr. Pearson's communication The concerns expressed by Mr Pearson were discussed, and Chief Luse stated the following. 1. Chief Luse and police personnel think a 90-day transition period to the effective date to implement new software is reasonable (see Section 3 of the draft ordinance). 2 In regard to customers being required to provide name, address, and telephone number for purchases of$100.00 or more, Mr Pearson thinks it is unnecessary and may cause some customers to walk out, however, St Louis Park police think there will be some occasions when items will clear the waiting period and be sold before they are determined to be stolen; police need to be able to locate items as evidence and evaluate legal possession of the item (see Section 8-430, subsection e). 3. Any payment by the pawnbroker of$250.00 or more shall be by check draft, or other non-negotiable instrument. St. Louis Park police agree with Mr. Pearson that this provision is not necessary (see Section 8-431, subsection g). 4 Prohibit a licensed pawnshop from doing business for one year with a customer who has conducted six transactions in a six- month period. St. Louis Park police agree with Mr. Pearson that this restriction is not necessary (see Section 8-431, subsection h). Mr. Meyer suggested that if Council agrees with Chief Luses' four recommendations, the ordinance could be approved as presented at first reading and Staff could be given direction to return with a recommendation for changes at the second reading It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve first reading of ordinance, with changes to be incorporated as stated by Chief Luse, and set second reading for November 18, 2002. Council Meeting Minutes -5- November 4, 2002 Councilmember Sanger inquired about Section 8-427, subsection a, regarding the number of licenses issued She said it is a step in the right direction to reduce the number of licenses from three to two. The motion passed 6-0. 7e. Second Reading of zoning ordinance text amendments regarding detached garages and other accessory structures/uses. Case No. 02-24-ZA Ordinance No. 2232-02 Planning Consultant Greg Ingraham summarized the directives given to Staff from Council at the October 2, 2002 City Council meeting, and changes made in the Code. Mr. Ingraham said the changes made to the accessory structure ordinance draft are: 16 inches shall be allowed for a setback as opposed to 24 inches; a CUP shall be required for ground floor areas in excess of 800 square feet; a CUP shall be required for any time there are windows, openings, and/or doors, etc. on the second floor of a detached or accessory structure; a CUP shall be required for roofs that are flat or approaching flat; and second floor space shall be limited to storage unless approved as part of a CUP Mr. Ingraham displayed definitions for first floor and story according to the Building Code. Planning and Zoning Supervisor Janet Jeremiah said if a structure is damaged or destroyed to more than 60% of its value, then it could not be rebuilt unless it becomes conforming, i e., to meet current ordinance, otherwise, a variance would be required. Councilmember Bnmeyer commented that this issue has always been about building mass, building height, and the perceived imposition on neighboring properties. John A. Miller, 3550 France Avenue South, provided his perspective on first story definition Ms. Jeremiah suggested Council may want to reference basement or first story, whichever is lower, and measurements could be taken from the very lowest point. Councilmember Santa said she is uncomfortable adding the language whichever is lower. She said one way to eliminate or minimize mass imposed on neighbors is the option to have a basement, and she does not want to eliminate basements unconditionally. John Mohler, 4313 Brook Avenue South, said what matters to him about height is what will the upper floor of a garage be used for? Councilmember Nelson said it is valid for Council to look at mass, size, imposition, sight lines, and setbacks, however, he does not favor over- regulating garages Mr Miller said he would like story to be incorporated into first story Mr Miller is concerned about the exception associated with "four feet of dirt" as not counting or having a "free" story. Mr. Ingraham said the word story is in the definition of first story, and he thinks what is applicable to story is also applicable to first story. Council Meeting Minutes -6- November 4, 2002 Councilmember Sanger said she would like to incorporate the spirit of the interpretation given by Mr. Ingraham. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve Ordinance No. 2232-02 zoning ordinance text amendments regarding detached garages and other accessory structures/uses, approve the summary ordinance and authorize publication--as drafted and amended by Staff. Councilmember Brimeyer asked for clarification on the amendment. Councilmember Sanger responded: Staff's recommendations as presented in the Councilmembers' packets, and not about further amendment of what was proposed in writing. She is comfortable with the new amendments to the ordinances in the CUP process, which would allow for tighter control over large, intrusive garages in the neighborhoods Councilmember Nelson said he supports Councilmember Sanger's motion. The motion passed 6-0. 8. Resolutions, Ordinances, Motions--None 9. Communications From the City Manager: Mr. Meyer acknowledged the work and monumental efforts of the election judges, the City Clerk's office, and City Staff involved in the election process. From Councilmember Nelson: Councilmember Nelson provided information regarding the Do Not Call List. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:50 p.m. b g—a----11----)---. / City Clerk Ma or ,