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HomeMy WebLinkAbout2003/04/07 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA April 7, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:36 p.m. The following Councilmembers were present at roll call: Jim Bnmeyer, Chns Nelson, 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); Economic Development Director(Mr. Hunt); Director of Inspections (Mr. Hoffman); Police Chief(Mr. Luse); Planning and Zoning Supervisor(Ms. Jeremiah); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Peggy Leppik from Metropolitan Council Peggy Leppik, Distnct 6 Councilmember of the Metropolitan Council, introduced herself. Currently, Councilmember Leppik chairs the Environmental Committee of the Metropolitan Council. Councilmember Leppik encourages individuals with concerns or questions to contact her at the Metropolitan Council office 2b. Caring Youth Proclamation Mayor Jacobs read a proclamation in recognition of Canng Youth Day. The proclamation declares Apnl 15th as Canng Youth Day in St. Louis Park. 2c. National Telecommunicator's Week Mayor Jacobs read a proclamation in recognition of National Telecommumcator's Week for Apnl 12-18, 2003. The proclamation recognizes public safety dispatchers. Chief Luse introduced three of the ten St. Louis Park-Golden Valley dispatchers who were present for the presentation of the proclamation, and they are Crystal Pass, Tara Larson, and Andy Willebnng. 3. Approval of Minutes 3a. City Council Minutes of March 17, 2003 From Councilmember Sanger: Item 7f, Page 9, Paragraph 5, Line 4: congestion on west side site resolved should be congestion at Westside Volkswagen site resolved. The minutes were approved as amended 3b. City Council Study Session Minutes of March 10, 2003 The minutes were approved as presented. Council Meeting Minutes -2- April 7, 2003 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 appropriate section of the regular agenda for discussion 4a Approve Ordinance No. 2236-03 to enter into a natural gas utility franchise agreement with CenterPoint Energy Minnegasco Resources Corporation and to authorize publication of the ordinance summary. 4b Approve Ordinance No. 2237-03 a zoning code map amendment to change the zoning designation at 2370 and 2440 State Highway 100 S. from IG—General Industrial and IP— Industrial Park to C2 — General Commercial, adopt ordinance, approve summary, and authorize publication Case No. 03-06-Z 4c Approve Ordinance No. 2238-03 amendments to Chapter 36 of St. Louis Park Ordinance Code (Zoning) Relating to Retail Uses in the 0-Office District, Planning Fee Refunds, and Abandoned or Cancelled Variances, adopt ordinance, approve summary, and authorize publication Case Nos. 03-08-ZA. 4d Approve Ordinance No. 2239-03 amendments to Chapter 36 of the Municipal Code to exempt small schools in the R4 district from certain setback requirements subject to approval of a conditional use permit, approve the summary Ordinance and authorize publication. 4e Adopt Resolution No. 03-039 which provides support for improved funding options for City street improvements 4f Approve notification to the LMCIT that the City Council does not waive the municipal tort liability limits 4g Authorize execution of an agreement and adopt reimbursement Resolution No. 03-040 for removal, storage and re-installation of Rec Center west arena hockey dasher board system with Becker Arena Products, Inc in an amount not to exceed$25,585.00 4h Authorize execution of an agreement and adopt reimbursement Resolution No. 03-041 for purchase of Rec Center west arena bleacher replacement materials with Becker Arena Products, Inc. in an amount not to exceed$45,843.00 including tax 4i Authorize execution of an agreement as the general contractor with Meisienger in an amount not to exceed $1,477,000 for the renovation of the Rec Center roof over the West Arena 4j Approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District to sweep four (4) local streets in the Spring and Fall of each year 4k Approve a 60 day extension of Beltline's Wolfe Lake Professional Center Final PUD and Final Plat consideration until June 15, 2003 Case No. 99-19-PUD 41 Accept for filing the Planning Commission Minutes of February 19, 2003 4m Accept for filing the Housing Authority Minutes of February 12, 2003 4n Moved to the Regular Agenda as Item 8d 4o Accept and file vendor claims 4p Accept for filing the Planning Commission Minutes of March 12, 2003 Council Meeting Minutes -3- April 7, 2003 4q Accept for filing the Planning Commission Minutes of March 19, 2003 Councilmember Nelson requested that Consent Agenda Item 4n be moved to the Regular Agenda as Item 8d. It was moved by Councilmember Nelson, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 7-0 5. Boards and Commissions: None 6. Public Hearings 6a. Amended Business Subsidy Policy This report considers the adoption of an amended Business Subsidy Policy by the St. Louis Park City Council. (For discussion of this item, see the Economic Development Authority minutes of April 7, 2003). Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public heanng It was moved by Councilmember Nelson, seconded by Councilmember Velick, to adopt the amended Business Subsidy Policy for the City of St. Louis Park. The motion passed 7-0 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. First reading of an ordinance adopting optional chapters of the Minnesota State Building Code and establishing an administrative fee when refunding permit fees Director of Inspections Brian Hoffman reported on changes to the Minnesota State Building Code, which will require amending sections of Chapter 6 in order to keep the City Code accurate and consistent with the State Building Code. Mr Hoffman said some of the changes are in regard to the refund policy, i.e., the City will retain 20% of a permit fee to cover administrative costs if a permit is cancelled. There are also changes to the provisions of the fire suppression sprinkler systems and fee refunds, i.e., the changes will effect existing buildings that are being totally remodeled due to a change in occupancy or are being added onto, as well as new construction, and it sets the requirement for a fire sprinkler system lower than what the main body of the Code does to facilitate the City's commitment to fire containment and prevention through an automated sprinkler system. Mr Hoffman said the language for this provision has been changed due to occupancy classifications and the adoption of various sections has changed. The City has a program for assisting business owners with the installation of fire sprinkler systems in existing buildings, and a fund continues to be available for that. Council Meeting Minutes -4- Apnl 7, 2003 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt first reading of an ordinance adopting optional chapters of the Minnesota Building Code and set second reading for April 21't, 2003. The motion passed 7-0 8b. Request of TOLD Development Company for an amendment to the Comprehensive Plan to change the eastern 40 feet of the Commercial Mixed- Use land use designation along Grand Way from Commercial Mixed-Use to High-Density Residential; and First Reading of an ordinance to change the Zoning of the same 40 feet from M-X Mixed-Use to R-C High-Density Residential for: Phase II of Excelsior & Grand (Phase NE, Park Commons East). Case Nos. 03-10-CP and 03-11-Z. Resolution No. 03-037 Planning and Zoning Supervisor Janet Jeremiah presented a report on TOLD Development Company's request. Ms. Jeremiah said TOLD is now proposing about 114 units of owner occupied housing—no rental housing—and about 4,500 square feet of retail on the ground floor along the Town Green area. Ms. Jeremiah said the reason for the reduction in retail square footage is that the depth of the retail base, the distance from Grand Way towards the east, will be shallower than what was seen in Phase I; it is a market-driven change. She said the prospective retail tenants would like to have greater frontage on the Town Green rather than deeper space. TOLD's request for the change would effect the Comprehensive Plan and the zoning ordinance. Bob Cunningham of TOLD Development Company said the desire for the change is to provide retailers an opportunity for a greater shop front. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt Resolution No. 03-037 approving the Comprehensive Plan amendment to change the eastern 40 feet of the Commercial Mixed-Use land use designation to High-Density Residential subject to Metropolitan Council, approve summary and authorize publication. The motion passed 7-0. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve First Reading of an ordinance to rezone the eastern 40 feet of the M-X Mixed- Use District to R-C High-Density Residential subject to approval of the Comprehensive Plan amendment and to set Second Reading for April 21, 2003. The motion passed 7-0 8c. Resolution To Oppose Conceal/Carry Legislation. Resolution No. 03-038 Councilmember Sanger said she is proposing this resolution to oppose conceal/carry legislation because, if passed, it would permit individuals to obtain permits to carry Council Meeting Minutes -5- Apnl 7, 2003 weapons; law enforcement would lose their discretion to decide who should or should not have permits; and it would lead to the possibility that an individual could carry a concealed weapon into our parks, City Hall, or Rec Center, etc. Councilmember Sanger said it is important to retain local issuance discretion. Police Chief Luse said, in terms of public safety, the current legislation serves St. Louis Park very well, and he has no indications from the community contrary to that. Councilmember Sanger said the intent of her resolution is to oppose any of the concepts that would allow for individuals to receive permits to conceal or carry guns on a much more available basis, which is stated in the resolution. Councilmember Nelson said the current proposed bill is bad legislation; conversely, the groups pushing for this legislation are frustrated with the inconsistencies from one municipality to another and its enforcement; there probably is some middle ground. He said he has no problem with the issuing authority changing to the sheriff. Councilmember Nelson said he cannot support Councilmember Sanger's resolution because it goes too far but he acknowledges the legislation has several senous flaws. Councilmember Bnmeyer said he is mortified and fnghten that the legislation has gotten as far as it has Councilmember Omodt thanked Councilmember Sanger for proposing the resolution, and he totally supports the resolution. He added that it is scary legislation. Councilmember Omodt said to have the shenff decide who should or should not carry would be burdensome and silly. Councilmember Velick agrees that the legislation is scary, and it should be tossed out. She thinks the police do a great job in our communities, so leave it that way. It was moved by Councilmember Velick, seconded by Councilmember Sanger, to adopt Resolution No. 03-038 as presented. Mayor Jacobs supports Councilmember Sanger's resolution. Mayor Jacobs said it is frightening to think of individuals with firearms, potentially, in their cars during rush hour. Councilmember Santa said she is bothered by the lack of skill and knowledge that would be required to be issued a permit. She said it is terrifying to think that weapons would be allowed in public places such as parks, City Hall, and the Rec Center. Councilmember Santa supports the resolution wholeheartedly. The motion passed 6-1. (Councalmember Nelson opposed). 8d. Motion to Accept and File the Human Rights Commission Minutes of February 19, 2003 . Council Meeting Minutes -6- • Apnl 7, 2003 Councilmember Nelson requested that Item 4n from the Consent Agenda be discussed as Item 8d. According to Councilmember Nelson, the issue of the Human Rights Commission ("HRC") meeting minutes of February 19, 2003 is: Who sets policy for the City of St. Louis Park? He said, as stated in the City's amended Charter, the City Council is elected to set policy for St. Louis Park, and policy-making authority is not delegated to the City's boards and commissions. Councilmember Nelson said communicating opposition, support, legislation or world affairs are policy statements, and that is reserved for the Council. He would like to return the February 19th minutes to the HRC and have them amend the minutes in accordance with the City Charter, i.e., amend the two issues that deal with legislation and world events. Councilmember Sanger said the proper thing to do would be to vote on the acceptance of the minutes, and perhaps a communication to the HRC with Councilmember Nelson's statements so that the HRC can have further discussion regarding his statements. Councilmember Nelson moved that motion, seconded by Councilmember Velick. Councilmember Omodt said he attended the February 19th meeting, and he expressed similar concerns to the HRC about who sets City policy as Councilmember Nelson has stated tonight Councilmember Omodt said he thinks the HRC understood his message. He added- The HRC is respectful of the rules, and Council should realize that as well. The motion passed 7-0. 9. Communications From Mayor Jacobs: Mayor Jacobs thanked those who attended the Third Annual Youth Summit. He was pleased to see several Staff members and Councilmembers present, and more students attended this year than last. From Councilmember Omodt- Councilmember Omodt reported that former St. Louis Park Mayor Jim Dahl passed away recently. Councilmember Omodt offers his condolences to Mr. Dahl's family and friends. 10. Adjournment Mayor Jacobs adjourned the meeting at 8.31 p m. —Ytcusic.r7 p �. % City Clerk M or Le'��