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HomeMy WebLinkAbout2003/09/02 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA September 2, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. The following Councilmembers were present at roll call: John Basill,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 Finance(Ms. McGann); Director of Public Works (Mr. Rardin); Public Works Coordinator(Mr. Merkley); Planning and Zoning Supervisor(Ms. Jeremiah); Planning Coordinator(Ms. Enckson); Police Chief (Mr. Luse); Police Captain (Mr. Ortner); and Recording Secretary(Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council minutes of August 18,2003 The minutes were approved as presented. 3b. City Council Study Session minutes of August 11, 2003 The minutes were approved with the following change: From Councilmember Basill: Page 1, item 3, add the following: The bond issue for Methodist Hospital shall be conditioned upon a final PUD approval. City Manager Charlie Meyer made the following clanfication: The intent was that the private activity revenue bonds would be authorized for issuance but the proceeds of the bond sale would not be released, under agreement with the City, until after final PUD approval. Mr. Meyer said the bonds can be issued but the proceeds would be locked in escrow. 3c. City Council Study Session minutes of August 25, 2003 The minutes were approved with the following change: From Councilmember Sanger: Page 1, upper right header, change August 10, 2003 to August 25, 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 appropnate section of the regular agenda for discussion. Council Meeting Minutes -2- September 2, 2003 4a. Approve second reading and Ordinance No. 2250-03 amending St. Louis Park Ordinance Code(Zoning)relating to creating consistency, clarifying and amending standards for permanent, temporary and canopy/awning signs, sign permitting requirements, and approved sign plans; approve summary ordinance and authorize publication. Case Nos. 03-24-ZA 4b. Accept withdrawal of Carlson Restaurants Worldwide application for a variance to the sign ordinance to increase the maximum allowable square footage of signage and number of pylon signs for the property 4c. Approve Resolution No. 03-113 accepting work on Contract sealcoating for Allied Blacktop City Project No. 03-08, Contract No. 76-03 4d. Authorize execution of a Contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon (GAC) in the amount of$52,400 4e. Approve Resolution No. 03-114 requesting cooperation from Hennepin County in researching feasibility of county operated Dispatch Services for the City of St. Louis Park 4f. Approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District to sweep ten (10) local streets in the Spring and Fall of each year 4g. Accept for filing Planning Commission Minutes of August 6, 2003 4h. Accept for filing Vendor Claims of 8/27/03 (Supplement) It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar as amended The motion passed 7-0. Councilmember Brimeyer requested the Council be kept informed of the status of Dispatch Services. See Item 9 for additional information. 5. Boards and Commissions: None 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances,Motions 8a. Resolution authorizing an HRA levy. Resolution No. 03-107 See the EDA minutes of September 2, 2003, Item 7b, for discussion regarding the HRA levy. Finance Director Jean McGann said she has no additional information on this item. Council Meeting Minutes -3- September 2, 2003 It was moved by Councilmember Santa, seconded by Councilmember Velack, to adopt Resolution No. 03-107 setting HRA levy for 2004. The motion passed 7-0. 8b. Approve preliminary 2004 property tax levy, budget for the 2004 fiscal year, revisions to the 2003 adopted budget, and set Public Hearing date for on proposed budget and property tax levy. Resolution No. 03-108 Ms. McGann said every year the Council is required to certify to the County by September 15th what the preliminary tax levy will be for the following year. A total levy of$16,323,715 is being proposed. Ms. McGann said Staff is requesting the Council levy the maximum amount allowed by the State, and it would include the 60% levy of the lost local government aid, which amounts to about 1 2 million dollars. Ms. McGann said the property tax levy that is set tonight cannot be increased prior to final adoption at the second meeting in December, however, the Council may chose to decrease the amount of the levy. Councilmember Brimeyer inquired that the market value homestead credit (MVHC) is dedicated, and Ms. McGann replied yes. Councilmember Bnmeyer said it is very important that the City get the budget message out to residents. Councilmember Sanger said although the tax levy will increase, the City's revenue will be decreasing because of having lost more than two million dollars a year in local government aid from the State, and the City is making up only a portion of the lost aid; overall, the City is still behind from where it was last year. Councilmember Brimeyer agreed. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt Resolution No. 03-108 establishing the preliminary tax levy and budget for 2004, approves revisions to the 2003 adopted budget and sets public hearing date for proposed budget and property tax levy. The motion passed 7-0. 8c. 2nd Reading of an Ordinance amending Chapter 22 of the St. Louis Park Code of Ordinances relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling, and yard waste as well as for composting for residential properties. Ordinance No. 2249-03 Public Works Coordinator Scott Merkley listed the following revision: Carts must be stored no closer than four feet from an interior property line dunng non-collection hours. As requested by Councilmember Sanger, Mr. Merkley listed some of the major changes to the ordinance: time limit is placed on containers being out dunng the collection period; additional requirements for composting; restricting dumpsters from roadways; use of recycling bins for recycling; cart lids are to be kept closed at all times; recycling bins are to be stored inside during non-collection times; require containers to be stored at ground level; required yard waste containers to weigh no more than 40 pounds; eliminate Council Meeting Minutes -4- September 2, 2003 the restriction that the maximum container size be 30 gallons; prohibition on placing containers in the street, sidewalk, or alley during collection time; and allow greater flexibility for absent residents, i.e., extended absence credit after four weeks. Sean McDonnell, 2326 Rhode Island Avenue South, said his appearance tonight was prompted by an email he sent to the Council earlier today in regard to the storage of carts at residential properties. Mr. McDonnell said the City might be best served if an incentive were to be offered to residents to have carts that best fit in a proper storage area, namely, in a garage. Most garages are not large enough to accommodate the larger carts and a vehicle. Mr. McDonnell suggested the City offer a second 30-gallon cart, at no charge, because one 60-gallon cart would be too large. Councilmember Velick suggested the Council discuss Mr. McDonnell's concern at a Study Session, and Councilmember Omodt agreed. Councilmember Omodt expressed a strong preference that carts be kept in garages. Councilmember Sanger has mixed feelings, and she suggested more recycling be done to minimize the need for larger or multiple carts, and if that is not feasible, then store carts outside as per the ordinance requirements. Councilmember Sanger does not want to undermine the entire pay structure and cost estimates that have been done thus far. Mr. Merkley said that Mr. McDonnell could pay a one-time additional fee of$40.00 for a second 30-gallon cart and pay for 60-gallon service. Councilmember Sanger suggested passing the ordinance as stated tonight with the restriction that no carts are allowed within a four-foot setback to an adjoining property line; she added that the Planning Commission is currently studying the issue of four-foot setback requirements. Councilmember Sanger said do retain the requirement that no carts are to be allowed in front yards. Councilmember Omodt asked if when a bid was made for carts, did it include a turn back or rebate provision. Mr. Merkley said Waste Management will purchase unused, excess carts. Councilmember Omodt said if there is slack in the cart inventory already, let the slack be the answer, and give homeowners flexibility to promote cart storage in garages. Councilmember Omodt thinks an additional charge for a second cart, as in Mr. McDonnell's case, would be unfair. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to Approve Second Reading of Proposed Amendments to Chapter 22 of St. Louis Park Ordinance Code relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling,yard waste, and composting, adopt Ordinance No. 2249-03, approve summary, and authorize publication. The motion passed 7-0 8d. Request of the Edgewood Investors for a Conditional Use Permit for the excavation of approximately 13,000 cubic yards of contaminated soil and processing waste and backfill of approximately 13,000 cubic yards of imported soil on Industrial Property located at 2401 Edgewood Ave Case No. 03-47-CUP, 2401 Edgewood Ave. Resolution No. 03-109 Council Meeting Minutes -5- September 2, 2003 Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. Councilmember Velick is concerned about noise from the site on nearby school children, now that school has started. The Applicant said the demolition has been completed and most of the clean up should be done with two weeks, and the noisiest part of the project is done. It was moved by Councilmember Velick, seconded by Councilmember Omodt, to adopt Resolution No. 03-109 approving the Conditional Use Permit subject to conditions listed in the resolution. The motion passed 7-0. 8e. Request of SLP Motors,LLC for a Final PUD to redevelop the Win Stephen Buick Pontiac property for Westside Volkswagen 2370 and 2440 State Highway 100 S. Case Nos. 03-14-PUD,2370 and 2440 St Hwy 100 Planning Coordinator Judie Erickson presented a Staff report. The final PUD is to allow the redevelopment of an automobile dealership, including replacing the building at 2370 TH 100, remodel the building at 2440 TH 100, and add a parking ramp at 2440 TH 100. Ms. Erickson said the Applicant is requesting changes to better accommodate phasing, i.e., the crosswalk relocation (and Staff will work with the Applicant on that); and the Applicant does not want to remove all of the signs on the south site, which are currently nonconforming(and Staff does not necessarily agree with that). Ward Johnson, 2200 South Hill Lane, is concerned about the intrusiveness of the public address system, which he can hear at his residence three blocks from the site, and he requests that no outdoor speakers be used. Mr. Johnson asked about lighting for the parking lot. Mr. Johnson asked about a light pole being adjusted so that it is just below the highway level, it currently presents a driving hazard for drivers on southbound Highway 100 who are exiting onto the Win Stephens exit. Ms. Erickson said speaker systems are strictly prohibited, and a lighting plan has been submitted. Ms. Erickson said at the property line the level of lighting must be at one foot candle, which their lighting plan shows. Tim O'Dougherty, Luther Automotive Group, said if the light pole belongs to Luther, they would be happy to take it down. Peter Beck, 33 South Sixth Street, Minneapolis, said the new project will comply with all of the City's current standards for the operation of a dealership including the public communications systems and the lighting. Mr. Beck said they do not want to mobilize twice on the south side and, as a matter of phasing, they are asking if they can stay on the south side while construction is being done on the north. Mr. Beck listed four changes the Applicant is requesting to Staff's conditions. First change: on page 13 of the Staff report, 4d, Mr. Beck said the Applicant has not yet gotten to the final design of the parking ramp and the Applicant would like for the second Council Meeting Minutes -6- September 2, 2003 sentence to read: These shall include lighting plans and details for the roof of the parking ramp, which shall be submitted before the building permit for the parking ram is issued. Second change: page 13, item 4e, change Remove all non-conforming signs from the PUD site to Remove all non-conforming signs from the 2370 property, the north property. Non-conforming signs shall be removed on the 2440 property, south parcel, prior to the issuance of a building permit for any construction on that property. Third and fourth changes: page 13, item 4f, add the following to item 4f: prior to issuance of a building permit. Mr. Beck said City Staff is still trying to decide where Luther should locate the pedestrian crossing, and he requested that language be moved back to condition 6c, page 14 of the Staff report, to state: The Applicant shall be required to install a pedestrian crossing as directed by City Staff prior to Luther receiving a Certificate of Occupancy for the north site. Councilmember Sanger asked where vehicles will be parked while Luther is operational on the north side? Mr. O'Dougherty said most likely cars will be stored a a Luther location in downtown Minneapolis, and no employee or customer vehicles would be found in the adjacent neighborhood. Councilmember Sanger said it would be helpful to put an end date by which all phases need to be completed so that all can be taken care of, and Mr. Beck responded that would be no problem. Councilmember Sanger said perhaps the temporary Certificate of Occupancy could expire on December 31, 2004. Councilmember Bnmeyer wants to make sure the Applicant does not object to the irrevocable Letter of Credit, whatever that amount would be. Ms. Jeremiah said Staff has assumed that the Letter of Credit would cover the parking ramp, and Staff has concern that the parking ramp may not be built due to its great expense. Mr. O'Dougherty said the Applicant may ask for a six-month extension due to unforeseen labor or weather conditions. City Attorney Tom Scott said he is not fond of a temporary Certificate of Occupancy, and to revoke one would be an impractical means of enforcement; the building permit stage is the stage at which to address issues. Councilmember Bnmeyer said the dollar amount stated in the Letter of Credit must be substantial enough that the Applicant cannot walk away from it. Mr. Beck asked if rather than incur a fee for a Letter of Credit that goes to a third party, is there a number, a deposit that Luther could submit with the City that could be held until the parking ramp is ready for a Certificate of Occupancy and then returned? Councilmember Brimeyer replied, sure,but we have to sign off on it before it is returned. Mayor Jacobs said Staff and the Applicant can discuss it in detail later. Mr. Beck replied they find that"totally acceptable." Council Meeting Minutes -7- September 2, 2003 Councilmember Sanger suggested to ask the Applicant to work out with Staff all the details, i.e., to revise language and to be clear on the ground rules for phasing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to defer this item for two weeks until the next Council meeting and, in the interim, Staff and the Applicant work out the details as discussed tonight, and bring back for a final vote then The motion passed 7-0 8f. Request of Methodist Hospital for a Preliminary PUD to allow a phased expansion, 6700 Excelsior Blvd. Case No 03-44-PUD, 6700 Excelsior Blvd. Resolution No. 03-110 Ms. Jeremiah presented a Staff report. Randy Manthey, 3979 Dakota Avenue South, addressed the Council. Mr. Manthey said about 1/3 of the Methodist Hospital site is un-buildable because of the wetland area, however, the campus can build to an intensity as if the wetland were a buildable area. Mr. Manthey said the neighborhood is asking for site lighting rather than just a photometnc plan; wants a narrative to be included with that; principals need to be in place to guide Phase II and to transcend people; in a position now for the north and south halves to have equal entrances; lighting is a huge issue; the Excelsior Blvd. crossing is dangerous and needs to be addressed; and the parking structure should look attractive. Duane Spiegle, Park Nicollet, 6500 Excelsior Blvd., thanked everyone for their contributions to the project thus far. Mr. Manthey spoke again, and he asked: At what point in time do we look at the allowed floor area ratio development based on the wetland versus the level of intensity on the buildable land, and do you put a cap on it to protect the neighborhood? Councilmember Basill commented that there has been a lot of give and take throughout the process and some things must be determined prior to the final PUD; and given what has been proposed thus far, improvements will follow for both the hospital and the neighborhood. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No.03-110 approving the Preliminary PUD, subject to the conditions included in the resolution The motion passed 7-0 8g. Resolution establishing city policy regarding dangerous weapons on city property and Resolution requesting legislature to amend the MN Personal Protection Act. Resolution No. 03-111 Mr. Meyer said this item requires two motions. Council Meeting Minutes -8- September 2, 2003 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-111 relating to public safety by prohibiting dangerous weapons on city property. The motion passed 7-0 It was moved by Councilmember Sanger, seconded by Councilmember Veltck, to adopt Resolution No. 03-112 supporting an amendment to the 2003 Minnesota Personal Protection Act. The motion passed 7-0 9. Communications From the City Manager: Mr. Meyer reported on a study initiated by the City of St. Louis Park. The purpose of the study is to determine what is feasible as far as consolidating dispatch centers. Mr. Meyer said it is recognized that the City cannot stand alone anymore. As requested by Councilmember Brimeyer, Mr. Meyer will distnbute the objectives of the study to the Council. From the Mayor: Mayor Jacobs welcomed all students back to school. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:55 p.m. Cs- D. /1 Ci y Clerk Ma or