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HomeMy WebLinkAbout2004/06/21 - ADMIN - Minutes - City Council - Regular ff1CIOF OFFICIAL MINUTES sJos CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA June 21, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7 30 pm Council members present: Mayor Jeff Jacobs, John Basil', Phil Finkelstein, Susan Sanger, Sue Santa, and Sally Velick Staff present: City Manager(Mr. Harmening), City Attorney (Mr. Scott), Community Development Director(Mr. Locke), Economic Development Coordinator(Mr. Hunt), Assistant Zoning Administrator(Mr. Morrison), Associate Planner(Ms. Grove), Finance Director(Ms. McGann), Human Resources Director(Ms. Gohman), Fire Chief(Mr. Stemmer), Public Works Director (Mr. Rardin), City Engineer(Ms. Hagen), Engineer Development Manager (Mr. Olson), and Deputy City Clerk (Ms. Stroth) 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of June 7, 2004 The minutes were approved as presented. 3b. Study Session Minutes of June 14, 2004 Councilmember Sanger: Page 4, Paragraph 4, change Sue Sanger to Phil Finkelstein Councilmember Sanger: Page 4, Paragraph 2, add: Ms. Gohman confirmed that the Fire Shift Supervisors will receive the benefit package of non-exempt employees. The minutes were approved as corrected. 3c. Study Session Minutes of May 24, 2004 Councilmember Santa Page 2, Paragraph 2, add. Councilmember Santa stated she had concerns about the trail crossings and how they would be monitored. The minutes were approved as presented. 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 (Alternatively Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar) City Council Minutes - 2 - June 21, 2004 4a Adopt Resolution 04-080 authorizing the execution of Agreement 86549R between the State of Minnesota, Department of Transportation and the City of St Louis Park for the installation and revision of traffic control signals at Lake Street, Walker Street and TH 7 along Louisiana Avenue and to adopt Resolution 04-081 authorizing the execution of Agreement 86550-R between the State of Minnesota, Department of Transportation and the City of St. Louis Park for maintenance of traffic control signals at Lake Street, Walker Street and TH 7 along Louisiana Avenue 4b Authorize the Mayor and City Manager to execute an Encroachment Agreement with the Townsends, 6027 Cambridge Street, for use of City nght-of-way for placement of a fence 4c Accept for filing the Planning Commission Minutes of May 19, 2004 4d Accept for filing the Board of Zoning Appeals Minutes of April 22, 2004 4e Accept for filing the Housing Authority Minutes of May 12, 2004 4f Accept Vendor Claims (Supplement) 4g Authorize the Mayor and City Manager to execute an Encroachment Agreement with the Condons, 2937 Boone Avenue South, for use of City right-of-way for placement of a retaining wall. It was motioned by Councilmember Santa, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 6. Public Hearings , 6a. Public Hearing and preliminary approval for the proposed issuance of refunding bonds for Park Boulevard Towers Project on behalf of Silvercrest Properties. Resolution No. 04-075 Ms. McGann reported that Silvercrest Properties would like to refund the outstanding bonds. She stated that the appropriate application and fee has been submitted as well as reviewed by Kennedy & Graven, Chartered who is the bond council for the city. Councilmember Finkelstein inquired how much this will save Silvercrest Properties. Mr. Bubul, Kennedy& Graven, replied approximately $4.6 million; however, the bonds have a variable rate but he feels this is a close estimate. Councilmember Santa asked when the bonds will be paid off and Mr. Bubul responded that they will mature in 2034. It was motioned by Councilmember Basill, seconded by Councilmember Finkelstein, to approve preliminary Resolution 04-075 for the proposed issuance of refunding revenue bonds in the approximate amount of$14,585,000, under Minnesota Statutes, Chapter 462C, as amended for Silvercrest Properties. The motion passed 6-0. City Council Minutes - 3 - June 21, 2004 7. Requests,Petitions,and Communications from the Public—None 8. Resolutions, Ordinances, Motions 8a. Resolution approving changes to the Personnel Manual in sections relating to Fire Shift Supervisors: Fire Captain Resolution No. 04-076 Ms. Gohman summarized the reorganization of the Fire Department stating that the Fire Chief would like to create the position of Fire Captain Fire Captains would act as first responders in a supervisory capacity. The position will be classified as non-exempt with eligibility for overtime. A consultant reviewed FLSA and recommended such a classification. Ms. Gohman explained the change in language in the personnel manual. It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution 04-076 approving sections relating to fire shift supervisors: Fire Captain in the Personnel Manual. The motion passed 6-0. 8b. Construction of an Alley at 42 St. W and Ottawa Ave Resolution No. 04-077 Mr. Olson reported that staff had received a petition to construct an alley at 42nd St. W. and Ottawa Ave S. in which sixty-two percent of the affected property owners signed in support of such a project. He stated that a portion of the alley would lie on city property Mr. Olson stated that it has been procedure for the City to pay a portion of the cost since City property abuts one side of the alley. Mr. Olson stated that they have sent letters notifying the neighborhood and also held a neighborhood meeting in which approximately twenty people were in attendance. He stated there was a mixed response to the project. Council had directed staff to look at direct and indirect benefits of the alley construction. Mr. Olson explained the City's policy of a seventy/thirty percent cost ratio for direct/indirect benefit. Since City property is along the entire length of the alley, the City would be responsible for fifty percent of the cost. He showed a table that indicated the cost with different direct/indirect ratios. Staff did not feel there were enough mitigating circumstances to deviate from the seventy/thirty ratio. He relayed the timeline suggested and stated construction would begin in late September and October. Councilmember Sanger mentioned another indirect benefit would be the appreciation of the property values of homes as more houses are able to build garages. Councilmember Basill stated that he is support of the project as it will provide the opportunity for move- up housing. Mayor Jacobs and Councilmember Santa did not feel comfortable altering the formula used to figure direct/indirect benefit City Council Minutes -4 - June 21, 2004 It was motioned by Councilmember Basill, seconded by Councilmember Sanger, to adopt the Resolution 04-077 accepting the report and establishing the Improvement Project, and setting a Public Hearing and Assessment Hearing date of July 19, 2004. The motion passed 6-0. 8c. Proposed Amendments to St. Louis Park Ordinance Code relating to Zoning to eliminate stand alone motor fuel stations as a conditional use in the General Industrial District,clarifying the temporary structure ordinance,clarifying restaurant conditions in the Office District,and requiring tree protection standards during construction activities. Mr. Momson reported that staff felt the office distract is designed to provide an opportunity to construct high density developments and not to accommodate stand alone retail and restaurant. He stated the ordinance code is written to allow retail and restaurant as long as they are located in an office development. Staff would like the language removed regarding restaurants with intoxicating liquor to be allowed if they are adjacent to an office building and share several parking spaces. Staff is also recommending removal of language allowing motor fuel stations in the industrial distract as part of a CUP and suggests considering them an accessory use with a condition that they not be open to the public and are to be used to service fleet vehicles or vehicles relating to the industrial use of the property Mr. Momson reported that staff has received complaints about residents using temporary structures to store vehicles and equipment. The structures are large tents and are used year round or during the winter. Staff is recommending that use of these temporary structures be limited to fourteen days per year. Mr. Momson stated that language needs to be changed regarding tree preservation in the development plan. Staff recommends language be changed to administer penalties for removal of trees on public and private property that have been identified to be preserved, with the exception of single and two family homes. It was motioned by Councilmember Santa, seconded by Councilmember Velick, to approve 1st reading of the ordinance amending Sections 36-223 (Office District), 36-244 (General Industrial District), 36-82 (Temporary Structures) & 36-81 (Tree Preservation) as recommended by the Planning Commission, and set,second reading for the July 6th City Council meeting. The motion passed 6-0. 8d. Request by Charles Stinson for preliminary,and final plat approval for Biltmore Addition with a petition to vacate a utility easement. Resolution No. 04-078 and 04-079 I Ms. Grove reported that Council had directed staff to draft a resolution denying the proposal with the diagonal lot lines and a resolution approving the proposal with the rectangular lot lines with certain conditions such as limiting the ground floor area on lot two, limiting the ground floor to twenty—five percent, prohibiting driveway access to W City Council Minutes - 5 - June 21, 2004 26th St., protecting sightlines, and other conditions staff deemed appropriate. She stated that the developer was willing to meet with the neighborhood. She reported that staff recommends limiting the height to the lesser of 25 ft or two stories on lot two. She recommended adding several conditions that are already in the ordinance to make clear that they apply strictly to the property. Other conditions that apply are the side yard setback of 15 feet and the 600 foot open lot is to be located in the rear yard. Ms. Grove explained that the ordinance code allows retaining walls but height should be minimized using terracing. She stated the usual plat conditions apply as well. Staff is recommending that the hours of operation be 7 a.m.-7 p.m. on weekdays and 9 a.m.-5 p.m. on weekends. Councilmember Sanger inquired how height is measured on a house with a walk-out basement. Ms. Grove replied that it is measured from grade at the front lot line. Councilmember Finkelstein would like an additional condition that there is no construction on Saturday or Sunday. He would also like some place to store the vehicles when they are not in use. Wayne Jenkins, 2601 Huntington, commented that Friday is the Sabbath. It was motioned by Councilmember Santa, seconded by Councilmember Velick, to adopt a resolution approving the preliminary and final plat and variance for Biltmore Addition as requested in the January 2004 application (03-78-S), subject to conditions as stated in the resolution It was motioned by Councilmember Finkelstein to add a condition that there is no construction activity on Saturday and Sunday Mayor Jacobs inquired if that was acceptable with the makers of the motion and Councilmembers Santa and Velick replied that it was. Councilmember Sanger would like to see the height facing Huntington Ave to have no more than one story. Mr. Stinson stated that they have never had a one story solution and if they did go to one story, it would cause the master bedroom to be on a walkout level which is unacceptable. Councilmember Sanger explained her rationale for a one story house by stating that a two story house would create issues with the view going around the corner and with higher height it will block the views of the other neighbors, and blocking the view going east toward Cedar Lake. She felt that it was imposing and they need to keep the buildings in scale. Mr. Howard Rostanick, the developer's representative, stated that they would oppose an amendment of this suite. He felt it would not be marketable for the current market. Richard Harrison, 2620 Huntington Ave S., stated that he is a planner and said he is very supportive of this project. He stated that the project would only increase values of the surrounding properties. It was motioned by Councilmember Sanger to add a condition that the height facing Huntington Ave is no more than one story. The motion failed for lack of a second. City Council Minutes - 6 - June 21, 2004 Councilmember Velick asked Councilmember Sangerif she meant all three houses be one-story. Councilmember Sanger clarified that it was only for lot two. It was motioned by Councilmember Santa, seconded by Councilmember Velick, to adopt a resolution approving the preliminary and final plat and variance for Biltmore Addition as requested in the January 2004 application (03-78-S), subject to conditions as stated in the resolution with a friendly amendment to bar construction activity on Saturday and Sunday. The motion passed 5-1 with Councilmember Sanger opposed. It was motioned by Councilmember Santa, seconded by Councilmember Velick, to approve First Reading of the proposed ordinance vacating the utility easement at 2545 Huntington Avenue South. The motion passed 5-1 with Councilmember Sanger opposed. It was motioned by Councilmember Santa, seconded by Councilmember Velick, to adopt a resolution denying the preliminary and final plat for Biltmore Addition, submitted March 2004 (04-12-S), based upon the findings set forth in the resolution. The motion passed 6-0. 9. Communications Mayor Jacobs thanked the following Parktacular Committee members: Bridget Wynn- Kienenberger, Madeline Braden, Joe Kamim, Scott Schmikler, Bruce Stragotta, and Kathy Wecker. He also thanked the Charter Commission, city staff, vendors and many other volunteers. Councilmember Velick reported that the Breast Cancer 3-Day Walk will arrive in St. Louis Park on Fnday, September 10, 2004. She stated that there will be about 2,500 people camping out at the Junior High School. She informed the public that there will be a meeting held on the logistics of the event on Wednesday, June 23 and 28 at 7:00 p.m. at the Junior High School. Councilmember Santa informed the public that the Mayor's Senior Summit will be held on Thursday, June 30 and encouraged the community to participate. 10. Adjournment The meeting adjourned at 8:30 p.m. ity Clerk ayor 2