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HomeMy WebLinkAbout2003/12/01 - ADMIN - Minutes - City Council - Regular OF 5T.CITY LOUIS OFFICIAL MINUTES PARK CITY COUNCIL MEETING December 1, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7.56 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Susan Sanger, Sue Santa, and Mayor Jeff Jacobs. Councilmember Omodt arnved at 8:40 p.m. Councilmember Velick was absent. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Scott); Community Development Director(Mr. Harmening); Economic Development Coordinator(Mr. Hunt); Director of Finance (Ms. McGann); City Assessor(Mr. Stepnik); Planning and Zoning Supervisor(Ms. Jeremiah); Associate Planner(Ms. Grove); City Clerk (Ms. Reichert); and Recording Secretary(Ms. Samson). 2. Presentations Mayor Jacobs read a proclamation recognizing the soon-to-be-departed City Manager, Charlie Meyer, for his service and leadership as City Manager for the past 10 years. 3. Approval of Minutes 3a. City Council Minutes of November 17,2003 The minutes were approved as presented. 3b. City Council Special Meeting Minutes of November 10, 2003 The 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 routine and/or which need no discussion. Consent items are acted upon by one motion If discussion is desired by either a Councilmember or member of the audience, that item may be moved to an appropnate section of the regular agenda for discussion 4a Approve Ordinance No. 2258-03, second reading of text amendments to the Ordinance Code Chapter 6, Article V, Property Maintenance Code and Chapter 34, Section III, Weed Elimination. 4b Authonze execution of a one (1) year extension to Contract No. 123-01 with ENSR Consulting and Engineering for consultant services related to the implementation of the Reilly Tar & Chemical Corporation (Reilly) Remedial Action Plan (RAP) during year 2004 Council Meeting Minutes -2- December 1, 2003 4c Adopt Resolution No. 03-177 authorizing installation and special assessment of a fire sprinkler system at 4046 Brookside Ave. So. and directing the Mayor and City Manager to execute a special assessment agreement with the property owner 4d Authorize execution of a contract extension to Contract No. 1893 with Severn Trent Services (STL- Denver) for laboratory services related to the Reilly Tar& Chemical Corporation groundwater sampling program through year 2004 4e Adopt Resolution No. 03-178 authorizing final payment to Ron Kassa Construction in the amount of$769.99 for completion of random curb and gutter work—Project 03-07 4f Accept Planning Commission Minutes of November 5, 2003 for filing 4g Mayor Jacobs removed Item 4g from the Consent Calendar. (Motion to approve the Indemnification Agreement between the City of St. Louis Park, the St. Louis Park Economic Development Authonty, Anderson Builders, and Oak Hill 3501 LLC relative to the Purchase and Redevelopment Contract with Oak Hill 3501 LLC) 4h Approve Resolution No. 03-179 supporting the continued study of the Southwest Corridor for light rail transit 4i Accepting the Vendor Claims for filing Mayor Jacobs advised that Item 4g be removed from the Consent Calendar because the companion EDA item was referred to a December 8, 2003 Study Session. (See the EDA minutes of December 1, 2003, Items 7b and 7c). Mr. Meyer reported that the Council has received a correction to Item 4c; the interest rate should be 6.06%. It was moved by Councilmember Santa, seconded by Councalmember Sanger, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 5-0. 5. Boards and Commissions 5a. Motion to appoint Randall Snow to the Human Rights Commission It was moved by Councilmember Santa, seconded by Councilmember Sanger, to appoint Randall Snow to the Human Rights Commission The motion passed 5-0. 6. Public Hearings 6a. Public Hearing on the 2004 Budget and Property Tax Levy Finance Director Jean McGann reported on the 2004 budget and property tax levy, and on the impacts of reduced local government aid (LGA) for 2003 and the elimination of LGA for 2004. Mayor Jacobs opened the public hearing. Council Meeting Minutes -3- December 1, 2003 J. Sandstrom, 2957 Yukon Avenue North, Crystal, inquired about escalating property taxes on his St. Louis Park business property. Ms. McGann said all tax rates are set by the State of Minnesota, however, if it is a property evaluation issue, the City Assessor can meet with Mr. Sandstrom regarding evaluation. Diane Steenhenderly, 2829 Yosemite Avenue South, provided her perspective on progressive taxes. She said state aid cuts should be noted on tax notices. Mayor Jacobs closed the public hearing. The budget adoption process will take place at the City Council meeting of December 15, 2003. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. First Reading of proposed Ordinance Code (Zoning) amendment by Silvercrest Properties, LLC to modify the shading regulations so that they only protect residential use properties Planning and Zoning Supervisor Janet Jeremiah present a Staff report. Ms. Jeremiah stated that Staff is recommending as an alternate consideration stating that shading on existing public spaces and outdoor employee break areas shall be minimized to the extend reasonable and possible on any adjacent property Councilmember Sanger is comfortable with the alternate recommendation including the additional language Staff has regarding break areas and public spaces. Councilmember Sanger asked what is meant by adjacent building. Ms. Jeremiah said under the current ordinance, adjacent properties would include those across the street or affected properties. Ms. Jeremiah said perhaps affected would be better than adjacent. It was moved by Counczlmember Santa, seconded by Councilmember Basill, to approve First Reading of an ordinance amendment that would exempt Industrial-zoned properties from shading protection via the alternative recommendation and with the modification and language as proposed by Councilmember Sanger, i.e., affected rather than adjacent, and allow approval of shading of buildings within PUDs, CUPs, and Special Permits as recommended by staff and the Planning Commission and to set Second Reading for December 15, 2003 The motion passed 5-0. 8b. Request by Belt Line Industrial Park,Inc for a minor amendment to a Planned Unit Development for one additional bank drive-through lane, and to waive the requirement for park dedication fees required with an administrative lot division. 5000 & 5050 W. 36th Street, Case No. 03-76-PUD & 03-77-S. Resolution No.'s 03-175 and 03-176 Planning Associate Julie Grove presented a Staff report. Ms. Grove said Staff is recommending that the resolution be amended to eliminate the post office use and the mailboxes; the Applicant has indicated the post office will not occupy the retail building. Ms. Grove said Mr. McCain is requesting two minor changes to the resolution: Council Meeting Minutes -4- December 1, 2003 On page 5 of the Staff report,Mr. McCain requests changing convert the post office retail to read retail service office/medical office (see page 2 of the revised resolution); and on page 7 of the Staff report, condition 15(b)(3), delete and utility easement. Ms. Grove said Staff is amenable to both requests. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to adopt the revised Resolution No. 03-175 approving a minor amendment to allow the addition of a fourth bank drive through lane, subject to conditions in the resolution; and as advised and recommended by the Applicant. The motion passed 6-0. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-176 approving the waiver of park dedication fees with an administrative lot division. The motion passed 6-0. 8c. 1st Reading of an ordinance amending Chapter 24: Streets, Sidewalks and Other Public Places City Clerk Cindy Reichert reported on some minor proposed ordinance changes to clarify existing provisions regarding sweeping leaves into streets and obstructing streets, sidewalks and public ways. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve 1st reading and set second reading for December 15, 2003. The motion passed 6-0. 8d. 1st Reading of an ordinance amending Chapter 15: Gambling Ms. Reichert reported on revisions required due to changes in statute and proposed revision to public hearing requirement. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve 1st reading and set second reading for December 15, 2003. The motion passed 6-0. 8e. 1st Reading of an ordinance amending Chapter 18: Offenses and Miscellaneous Provisions Ms. Reichert reported on the addition of Article VII, unclaimed property in accordance with requirements of M.S.A. § 471.195. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to approve 1st reading and set second reading for December 15, 2003. The motion passed 6-0. Council Meeting Minutes -5- December 1, 2003 (Note• Mayor Jacobs requested Item 9 precede Item 8f). 9. Communications In regard to Mr. Meyer's departure, Councilmember Brimeyer stated that the personality of an organization is reflected in the organization and personality of its CEO, and Charlie has left a good personality with this organization. Mr. Meyer responded that he has appreciated the support the Council has given him; the Council has always respected him and Staff. Mr. Meyer said Council has trusted Staff to get the job done. 8f. Executive Session: Threatened Litigation At 8 48 p.m., the Council moved to executive session to discuss threatened litigation regarding billboards at the Texa-Tonka Shopping Center. 10. Adjournment Ci Clerk Vol' r L%f