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Home My WebLink About2003/12/15 - ADMIN - Minutes - City Council - Regular OFFICIAL MINUTES IISCT.ITLYOU°/FS RK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 15, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer Paul Omodt, Sue Santa, and Mayor Jeff Jacobs Councilmembers Susan Sanger and Sally Velick were absent. Also present were the Intenm City Manager/Community Development Director(Mr. Harmening); City Attorney(Ms. McDowell-Poehler); Economic Development Director (Mr. Hunt), Community Outreach Coordinator(Ms. McDonell); Human Resources Director(Ms. Gohman); Planning and Zoning Supervisor(Ms. Jeremiah); Finance Director(Ms. McGann); Fire Chief(Mr. Stemmer); Environmental Coordinator(Mr. Vaughan); City Engineer(Ms. Hagen); and Recording Secretary(Ms. Samson). 2. Presentations 2a. Recognition for Councilmember Brimeyer Fnends of the Arts and State Senate Representative Jim Rhodes recognized Councilmember Brimeyer for his leadership and service to St. Louis Park. 2b. Presentation of the City's Annual Human Rights Award Mayor Jacobs and Community Outreach Coordinator Martha McDonell presented the Human Rights Awards to the following recipients: St. Louis Park Emergency Program, STEP Women's Club of St. Louis Park Fern Hill Neighbors. Anne & Bruce Hope, Tom Glaser, Greg Leder, Catherine & Stuart Morgan 3. Approval of Minutes 3a. City Council Minutes of December 1, 2003 The minutes were approved as presented. 3b. City Council Study Session Minutes of November 10, 2003 The minutes were approved as presented. Council Meeting Minutes -2- December 15, 2003 3c. City Council Study Session Minutes of November 24, 2003 From Councilmember Santa: Page 2, Item 3,paragraph 11, change brining to bringing. From Councilmember Santa: Page 2, Item 3,paragraph 12, change propoerty to property. 4. Approval of Agenda and Items on Consent Calendar NOTE• 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 appropnate section of the regular agenda for discussion 4a Approve Ordinance No. 2259-03 amending Chapter 18: Offenses and Miscellaneous Provisions, approve the 2nd reading and authorize summary publication 4b Approve Ordinance No. 2260-03 amending Chapter 24: Streets, Sidewalks and Other Public Places, approve the 2"d reading and authorize summary publication 4c Approve Ordinance No. 2261-03 amending Chapter 15: Gambling, approve the 2nd reading and authorize summary publication 4d Accept for filing the Planning Commission Minutes of November 19, 2003 4e Approve Resolution No. 03-189 specifying terms of Inter-fund loan to Storm Water Utility Fund from the Permanent Improvement Revolving (PIR)Fund 4f Accept for filing the Parks and Recreation Advisory Commission minutes of September 17, 2003 4g Approve Krech, O'Brien, Mueller& Wass, Inc. as the building architect for the warming shelter and large picnic shelter at Oak Hill Park and for the development of future park building design standards 4h 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 4i Approve Ordinance No. 2262-03 amending Chapter 36 Zoning Sections 36-266z(11)(C) and 36-366(B)(13) shading regulations proposed by Silvercrest Properties, LLC and modified by the Planning Commission and City Council, approve the 2"d reading and authorize publication 4j Adopt Resolution No. 03-188 reserving Funds in the Uninsured Loss Fund for the purpose of paying outstanding Workers Compensation claims 4k Adopt Resolution No. 03-180 rescinding Resolution No. 03-152 and adopting the attached revised list of snow removal exempt parking areas dated December 15, 2003 41 Motion to adopt a resolution accepting the revised City of St. Louis Park Snow and Ice Control Policy (Mr. Harmening requested this item be postponed until January 5, 2004). 4m Accept Vendor Claims for filing (Supplement) Council Meeting Minutes -3- December 15, 2003 Interim City Manager Tom Harmening requested Consent Agenda Item 41 be deleted from tonight's agenda and placed on the next regular City Council agenda; the Public Works Director would like to make some corrections. It was moved by Councilmember Basill, seconded by Councilmember Santa, to approve the Agenda and Items listed on the Consent Calendar as amended. The motion passed 5-0 5. Boards and Commissions 5a. Reappointments to Boards and Commissions It was moved by Councilmember Santa, seconded by Councilmember Brameyer, to reappoint Commissioners Bissonnette, Gothberg, Rudelaus-Palmer, Mann, Clark and Lindenberg. The motion passed 5-0. 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Changes to the 2004 Neighborhood Revitalization Grant Guidelines Ms. McDonell presented a report regarding input from Neighborhood Associations, and the Citizen Grant Review committee's recommendations for changes to the guidelines for distributing the 2004 revitalization funds. Ms. McDonell was accompanied by Dave Raatz, who is a member of the Citizen Grant Review committee. It was moved by Councilmember Santa, seconded by Councilmember Brameyer, to accept 2004 Neighborhood Revitalization Grant Guidelines Report from the Citizen Grant Review Committee. The motion passed 5-0 8b. 2004 General Pay Increase. Resolution No. 03-181 Director of Human Resources Nancy Gohman reported on non-union employee compensation and the paid-on-call firefighter performance program. Ms. Gohman said Staff is negotiating with two unions at the table, and three have not yet approached the City. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-081 confirming a general increase for non-union employees and increasing performance program pay for Paid-on-call Firefighters. The motion passed 5-0. Council Meeting Minutes -4- December 15, 2003 8c. First Reading of City-initiated ordinance to rezone 3705 Park Center Boulevard (Wayside House property) from R-C High-Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property. Case Nos. 03-62-Z Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. It was moved by Councilmember Basill, seconded by Councilmember Brameyer, to approve First Reading of Ordinance to rezone 3705 Park Center Boulevard from R-C to M-X and set Second Reading for January 5, 2004. The motion passed 5-0. 8d. Adopt 2004 Budget, 2003 Revised Budget, 2004 Property Tax Levy, HRA Levy and 2004—2008 Capital Improvement Program Resolution No.'s 03-182, 03-183, 03-184 Finance Director Jean McGann reported on the final steps in approving the 2004 budget, approving the 2003 revised budget, adopting the 2004 property tax levy, approving the 2003 HRA levy, and approving the 2004-2008 Capital Improvement Program, which was approved by the Planning Commission on December 3, 2003. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-182 approving the 2003 Tax Levy collectible in 2004, adopting the Budget for 2004, and adopting the Revised Budget for 2003 The motion passed 5-0 It was moved by Councilmember Santa, seconded by Councilmember Brameyer, to adopt Resolution No. 03-183 authorizing the HRA Levy for 2004. The motion passed 5-0 It was moved by Councilmember Santa, seconded by Councilmember Basilt, to adopt Resolution No. 03-184 approving an amendment to the Comprehensive Plan Year 2000 to Year 2020 for the City per Minnesota Statutes, incorporating the Capital Improvement Program (CIP) Year 2004 to Year 2008, approve summary resolution for publication. The motion passed 5-0. 8e. Resolution to adopt Hennepin County Mutual Aid Agreement Resolution No. 03-185 Chief Luke Stemmer briefly reported on the Hennepin County Fire Chiefs Mutual Aid Agreement, which would allow the Fire Department to give and receive aid throughout the County. It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to approve Resolution No. 03-185 authorizing the execution of the Hennepin County Chiefs Joint Cooperative Agreement for Use of Fire Personnel and Equipment. Council Meeting Minutes -5- December 15, 2003 The motion passed 5-0. 8f. The request of Parkside Urban Flats LLC and City of St. Louis Park for a conditional use permit for the excavation of over 400 cubic yards of soil for property located at 390 and 460 Ford Road. Resolution No.'s 03-186 and 03-187 Ms. Jeremiah presented a Staff report regarding the Applicants proposal to remove approximately 800 cubic yards of soil for the expansion of a pond in Shelard Park and removal of 4,200 cubic yards of soil to accommodate underground parking for a new condominium building at 460 Ford Road. Ms. Jeremiah said two petitions were submitted by Bridgewalk Condominiums and by 36 residents of the condominium project stating that they do not support the conditional use permit for excavation at 390 and 460 Ford Road. Ms. Jeremiah reviewed the Planning Commission and Staff's conditions. Gordy Thompson, 450 Ford Road, #130, said there were two petitions, one from 37 residents and one from 90-some residents. Mr. Thompson asked: Were the petitions considered? He said the low spot is a creek, not a pond. Mr. Thompson asked if an environmental study has been done on the use of the creek. He also asked about soil testing. Mr. Thompson thinks the soil under the garage is not solid enough to support a garage and the buildings. He would like a copy of the most recent survey. Mr. Thompson said from his unit he will be looking at a wall and not the park. Ms. Jeremiah said a survey, revised in 2001, was received of the property, and Staff is not aware of any changes to the property. Mr. Thompson expressed concern about a stake that had been placed in the ground and then removed. Ms. Jeremiah said during the building permit process, Staff will verify that the stakes are revealed for the setbacks of the buildings and such. Environmental Coordinator Jim Vaughan said the pond will be dredged and the area around the pond will be graded back and slightly expanded. Mr. Vaughan said there will be significant landscaping improvements. Councilmember Omodt asked if any tax money is being requested for this project, and Ms. Jeremiah said no public funds are being requested. The developer is paying for the excavation. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-186 approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 390 Ford Road subject to conditions in the resolution. The motion passed 5-0 It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-187 approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 460 Ford Road subject to conditions in the resolution. The motion passed 5-0. Council Meeting Minutes -6- December 15, 2003 9. Communications For his farewell, Councilmember Brimeyer read an open-letter to his nine-month old grandson Benjamin. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:40 p.m. 4/Gbii ty Clerk Ma or 6/0