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HomeMy WebLinkAbout2003/11/17 - ADMIN - Minutes - City Council - Regular CITY OF iff-SATiOUIS OFFICIAL MINUTES K CITY COUNCIL MEETING November 17, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: John Basil!,Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Scott); Community Development Director(Mr. Harmening); Director of Human Resources (Ms. Gohman); Planning and Zoning Supervisor(Ms. Jeremiah); Associate Planner(Ms. Grove); Director of Inspections (Mr. Hoffinan); Environmental Health Official (Mr. Camilon); Environmental Coordinator(Mr. Vaughan); and Recording Secretary(Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of November 3, 2003 3b. City Council Study Session Minutes of October 13, 2003 3c. City Council Study Session Minutes of October 20, 2003 3d. City Council Certification Minutes of October 20, 2003 3e. City Council Study Session Minutes of October 27,2003 All minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of busmess which are considered to be routme 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 Motion to adopt Ordinance No. 2256-03 amending rates charged for Water, Sanitary Sewer, and Storm Water Utility for 2004, approve the summary and authorize summary publication 4b Motion to adopt Resolution No. 03-166 accepting concrete alley paving—Ron Kassa Construction, Inc. in the amount of$9,346.69—City Contract No. 87-03 K 4c Motion to adopt Resolution No. 03-167 accepting random walk replacement—Ron Kassa Construction, Inc. in the amount of$8,539.42—City Contract No. 133-02 4d Motion to adopt Resolution No. 03-168 accepting street repair for Louisiana Avenue railroad crossing—City Contract No. 131-03 4e Motion to approve Resolution No. 03-169 authorizing renewal of gambling premises permit for VFW Post 5632 operating at 5605 West 36th Street Council Meeting Minutes -2- November 17, 2003 4f Motion to approve the License Agreement between Fern Hill Place, LLC and the City of St. Louis Park relative to the installation of monitoring wells in the City's right-of-way along Raleigh Avenue 4g Motion to adopt Resolution No. 03-170 authorizing the issuance, sale, and delivery of revenue bonds for the benefit of Park Nicollet Health Services, Methodist Hospital, Park Nicollet Institute,Park Nicollet Clinic,PNMC Holdings, and Park Nicollet Health Care Products 4h Motion to adopt an Ordinance Relating to Tree Removal and Trimming, Amending St. Louis Park Ordinance Code Chapters 12 and 34, approve the summary and authorize summary publication and a Motion to adopt a Resolution Setting Amount of Public Subsidy for Tree Removal and Disease Prevention in the City. (Mayor Jacobs requested this item be moved to the Regular Agenda as Item 8d). 4i Motion to accept the results of the cable franchise fee audit and accepting Time Warner Cable's payments to date with no additional claims by Time Warner or the City 4j Motion to accept for filing the Housing Authority Minutes of September 10, 2003 4k Motion to approve Resolution 03-172 for final payment to Glenn Rehbein Excavating for completion of work at Louisiana Oaks Park 41 Motion to accept vendor claims for filing(Supplement) On behalf of William Putnam,Mayor Jacobs requested Consent Agenda item 4h be moved to the Regular Agenda as Item 8d. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar as amended The motion passed 7-0. 5. Boards and Commissions 5a. Motion to appoint Seema Madali to Human Rights Commission It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to appoint Seema Madali to the Human Rights Commission. The motion pass 7-0. 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions Council Meeting Minutes -3- November 17, 2003 8a. Workers Compensation Insurance. Resolution No. 03-173 Director of Human Resources Nancy Gohman reported on changing from a self-insured to a fully-insured worker's compensation program. Ms. Gohman distributed a Summary—Worker's Compensation correction sheet. She added that Staff is recommending Council authorize the City Manager to develop programs necessary to implement this change, and the City Manager will need to continue to secure coverage for administration of the tail claims. Councilmember Sanger asked if the League of Minnesota Cities Insurance Trust ("LMCIT") will assist the City with services aimed at preventing Worker's Compensation claims in the first place. Ms. Gohman replied yes, LMCIT has a large loss control area to work with the City. Councilmember Basill asked if the tail claims will inflate the cost for the first few years, and Ms. Gohman said yes, the five-year average will be inflated. Councilmember Basill stated that the tail claims will eventually be phased out, and Ms. Gohman agreed. Councilmember Basill said he agrees with Councilmember Sanger that this is a good move in the long run It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-173 approving participation in the League of Minnesota Cities Insurance Trust for Workers Compensation Coverage including participation in managed care effective December 1, 2003. City Manager Charlie Meyer said, initially, for a number of years, it was a money-saving measure to move to self-insured, and the City saved money by being self-insured, however, the City is not large enough to be self-insured by itself, and a larger participation pool is necessary. The motion passed 7-0. 8b. First Reading: Proposed Ordinance Amending Chapter 6,Article V– Property Maintenance Code and Chapter 34, Section III–Weed Elimination Director of Inspections Brian Hoffman reported on the proposed ordinance adopting the 2003 edition of the International Property Maintenance Code with City amendments. It was moved by Councilmember Velick, seconded by Councilmember Omodt, to approve first reading of text amendments to the Property Maintenance Code and Weed Elimination sections of the Ordinance Code. Set 2"I reading for December 1", 2003. The motion passed 7-0. 8c. Request of Methodist Hospital for a Final PUD with variances from sign requirements to allow a phased expansion. Case No. 03-44-PUD 6500 Excelsior Blvd. Resolution No. 03-174 Council Meeting Minutes -4- November 17, 2003 Planning Associate Julie Grove presented a report on the request of Methodist Hospital for a Final PUD for Phase I and a variance to the signage. Ms. Grove reported that two modifications are being proposed tonight, which would require approval prior to the issuance of the Building Permit. The modifications proposed are: add a five-foot screen wall to the base of the east side of the parking ramp to provide additional screening to the residential properties; and on the west side of the parking ramp, additional brick would need to be added to that side of the elevation. Ms. Grove said the Brooklawns Neighborhood has submitted an Issues and Resolution Checklist, which is complied in a black,three-binder notebook, and has been distributed to every Councilmember. Ms. Grove said the Planning Commission and Staff are recommending approval of the sign variance; and the Planning Commission is recommending that the Council set a sunset date for non-conformities that have not been addressed with the PUD, Phase I, such as the nonconformity in the north parking lot, i.e.,within four years from the Final PUD of Phase I, the lights in the north parking lot shall be updated to eliminate direct illumination(glare) on residential properties east of Methodist Hospital per City ordinance; and all other non-conformities, including the parking lot design, the bufferyards and internal landscaping within the parking lot shall be brought into compliance with any future expansion of occupiable floor area or with any future reconstruction of the orange parking lot or even construction of a new orange ramp to the extent reasonable and possible, to be determined by the City through any future PUD amendment processes. Ms. Grove said the alternative motion tonight reflects the two new conditions that have been agreed to after the Planning Commission meeting. Staff is recommending approval of the alternate resolution, however, the Council must specify whether the Council is approving the Planning Commission's recommendation with a date certain added to Condition 0 or the alternate resolution based on the subsequent meeting. Duane Spiegle, Vice President of Real Estate for Park Nicollet, said Park Nicollet and Methodist Hospital support the alternate resolution. Mr. Spiegle thanked Councilmember Basill, Julie Grove, Janet Jeremiah, Tom Harmening, Randy Manthey, and the Brooklawns Neighborhood. Randy Manthey, 3979 Dakota Avenue South, said Staff has been very supportive. Mr. Manthey said 32 issues have been identified, and the black, three-binder notebook will go into the Brooklawns archive. Mr. Manthey praised Councilmember Basill for his support. On behalf of the Brooklawns Neighborhood, Mr. Manthey thanked Charlie Meyer for his leadership in the community. Councilmember Basill thanked City Staff, Park Nicollet and Methodist Hospital staff, and the neighborhood for having worked together so well; they were fantastic. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt the alternate Resolution No. 03-174 approving the Final PUD with variances subject to the conditions as stated in the resolution. The motion passed 7-0. Council Meeting Minutes -5- November 17, 2003 8d. Ordinance Relating to Tree Removal and Trimming. Ordinance No. 2257-03 William Putnam, 3172 Hillsboro Avenue South, inquired about boulevard tree trimming costs that will be passed onto residents. Mr. Putnam said trees are an asset. He asked if he would be allowed to trim his boulevard trees or if requested by a neighbor, could he trim his neighbor's boulevard trees. Mr. Putnam asked if residents would have an option to decline the replacement of boulevard trees; he said some boulevard trees are hazardous. Environmental Coordinator Jim Vaughan said about one-third of the tree-trimming budget has been cut for forestry maintenance. People have had the option to decline or refuse to have a boulevard tree planted in front of their property, and Mr. Vaughan thinks that will continue. Mr. Meyer said it is his understanding that if a contractor is hired, the contractor must be licensed, however, a property owner may perform maintenance work on his or her own trees. Mr. Vaughan said that is correct and the City will provide educational components to residents. City Attorney Tom Scott indicated that property owners may trim their own trees. Mr. Meyer stated that the City will subsidize the removal of a boulevard tree up to 50%, however, the ordinance requires the property owner to maintain boulevard trees. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Ordinance No. 2257-03 Relating to Tree Removal and Trimming, Amending St. Louis Park Ordinance Code Chapters 12 and 34, approve the summary and authorize summary publication and a Motion to adopt a Resolution Setting Amount of Public Subsidy for Tree Removal and Disease Prevention in the City. The motion passed 7-0. 9. Communications: None 10. Adjournment Mayor Jacobs adjourned the meeting at 8:15 p.m. Cit Clerk May 2,,,,,