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HomeMy WebLinkAbout2008/12/15 - ADMIN - Minutes - City Council - Regular /7 St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA DECEMBER 15, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Coordinator (Mr. Zwilling), Superintendent of Parks & Recreation (Mr. Birno), Director of Parks & Recreation (Ms. Walsh) Finance Director (Mr. DeJong), Assistant Finance Director (Mr. Swanson), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Human Resource Coordinator (Ms. Fosse) Chief Information Officer (Mr. Pires), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Heintz). 2. Presentations 2a. St. Louis Park Historical Society Donation to Beehive Restoration Project Mayor Jacobs, along with Mr. Birno, accepted and thanked the Historical Society for their $10,000 donation to the Beehive Restoration Project. 3. Approval of Minutes 3a. Study Session Minutes November 10, 2008 The minutes were approved as presented. 3b. Special Study Session Minutes November 17, 2008 The minutes were approved as presented. 3c. City Council Minutes November 17, 2008 The minutes were approved as presented. City Council Meeting -2- December 15, 2008 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 the Second Reading of Ordinance 2365-08 to amend the St. Louis Park Home Rule Charter: Table of Contents, Chapters 3, 5, and Index and set publication (7 affirmative votes required). 4b. Adopt Resolution No. 08-155, accepting the equipment replacement schedule budgeted for 2009 and authorize staff to acquire equipment as allowed by Statute, Charter, or Ordinance. 4c. Adopt the Second Reading of Ordinance 2366-08 amending the Official Zoning Map to change the zoning of 3409, 3413 and 3417 Glenhurst Avenue South and 3408 and 3412 France Avenue South from R4 - Multiple Family Residence District to MX- Mixed Use District, approve summary ordinance and authorize publication. 4d. Approve Amendment No. 1 to Agreement 14-04 with T-Mobile (Voice Stream Minneapolis Inc.) at Elevated Water Tower No. 4 (EWT #4), located at 2541 Nevada Ave. So. 4e. Approve Amendment No. 1 to Contract No. 127-07 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 2009. 4f. Adopt the Water Supply Plan approved by the Department of Natural Resources. 4g. Accept Donation from St. Louis Park Historical Society in the amount of$10,000 for the Beehive Restoration project 4h. Accept for Filing Planning Commission Minutes November 19, 2008. 4i. Accept for Filing Police Advisory Commission Minutes November 5, 2008. 4j. Accept for Filing Human Rights Commission Minutes August 19, 2008. 4k. Accept for Filing Human Rights Commission Minutes September 16, 2008. 41. Accept for Filing Housing Authority Minutes November 12, 2008. 4m. Approve for Filing Vendor Claims. It was moved by Mayor Jacobs to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Reappointment of Citizen Representatives to Boards and Commissions Councilmembers requested spelling corrections to the names of Carl Robertson and Claudia Johnson-Madison on the submitted reappointment roster. City Council Meeting -3- December 15, 2008 Mayor Jacobs thanked board and commission members for their service to the City. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to reappoint Commissioners as City representatives to their respective commissions. The motion passed 7-0. 6. Public Hearings 6a. Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements (Case No. 08-39-VAC) Staff presented their report to the Council. Mayor Jacobs opened the public hearing at 7:41 p.m. There being no speakers, Mayor Jacobs closed the public hearing at 7:41 p.m. It was moved by Councilmember Basil!, seconded by Councilmember Finkelstein, to approve the First Reading of an Ordinance vacating easements for the Ellipse on Excelsior redevelopment and set the Second Reading of Ordinance for January 5, 2009. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Adoption of 2009 Budget, Property Tax, and HRA Levies Mr. DeJong presented the staff report and a question of clarification was answered. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to adopt Resolution 08-156, approving the Budget for 2009 and approving the 2008 Properly Tax Levy collectible in 2009. The motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt Resolution 08-157, authorizing the HRA Levy for 2009. The motion passed 7-0. Mayor Jacobs thanked staff for their work on the budget and levy. City Council Meeting -4- December 15, 2008 8b. Summary and Acceptance of City Manager Evaluation Ms. Fosse presented the staff report. Mayor Jacobs commented that the City is very fortunate to have Mr. Harmening, who does a great job balancing various responsibilities and creating and taking risks to meet the needs of the City and its employees. He said a 360-degree Checkpoint evaluation tool was used this year in his evaluation,which resulted in a very favorable rating of 4.5 out of 5. It was moved by Councilmember Carver, seconded by Councilmember Sanger, to adopt Resolution 08-158, for formal acceptance of the final City Manager annual evaluation. The motion passed 7-0. 8c. 2009 Employee Compensation Ms. Fosse presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt Resolution 08-159, confirming a 3% general increase for non-union employees, setting salary for City Manager, continuing the Volunteer Firefighter Benefit Program, increasing Performance Program Pay for Paid-on-Call Firefighters by 3% for 2009, and adding a Health Care Savings Plan transfer to the Personnel Manual. The motion passed 7-0. 8d. 5005 Highway 7 —Nordic Ware Major Amendment to a Special Permit Mr. Locke presented the staff report and questions of clarification were answered. It was moved by Councilmember Carver, seconded by Councilmember Paprocki, to adopt Resolution 08-160, approving a Major Amendment to a Special Permit for the property at 5005 Highway 7. The motion passed 7-0. 8e. First Reading of Zoning Ordinance Amendments Relating to Communication Towers and Antennas Mr. Morrison presented the staff report. Mayor Jacobs opened the floor to the applicant. City Council Meeting -5- December 15, 2008 Chris Dahl, 5404 Interlachen Boulevard, stated his opposition to an ordinance prohibiting towers in flood plains and wetlands and requested, should such an ordinance be adopted this evening, that Council grandfather his property in, as he had spent considerable time and money working to process the original ordinance change. Councilmember Sanger asked staff whether requirements for multi-family districts are the same as single-family. The response was that setbacks are the same from all residential zoning districts: two times tower collapse distance. Councilmember Finkelstein inquired about varying opinions by the Planning Commission and staff regarding the wetlands exemption. Mr. Morrison noted the Commission recommended not including but staff believes it appropriate as a discussion point. The City has few remaining open space areas, which are assets to the Community, and the attempt when reviewing ordinances is to protect those open spaces. Discussion ensued regarding filling wetlands for tower versus warehouse. Councilmember Sanger pointed out that it makes sense to keep a restriction and prevent additional towers from being constructed in wetlands and residents have made it clear that the City should promote environmental protection when possible. Councilmember Omodt asked Mr. Dahl what the proposed ordinance would do to him, and Mr. Dahl responded that it would make his site nonconforming. Mr. Morrison added that it would make the property legally nonconforming but he could modify and put additional antennas on towers but not increase the height of towers or add additional towers. Mr. Dahl's site is zoned industrial, and he would be able to increase towers to 199 feet. Councilmember Finkelstein inquired about requirements cited by the various governing bodies protecting open spaces. Discussion ensued regarding limits and proposed ordinance changes for Conditional Use Permits and Permitted with Conditions of the various zoning districts, as well as differentiations among flood plain, flood fringe, and floodway districts. Mr. Morrison stated that staff believes, ultimately, that a communication tower could be placed somewhere else. Councilmember Basill thanked City staff for their work, stated that the applicant is trying to do something that wasn't defined, acknowledged the tremendous amount of public process and feedback for the application, and cited concerns about a nonconforming use that may or may not be all right and unattended consequences. Councilmember Sanger noted that the applicant's 199-foot tower is already nonconforming, taller than the current height limitation of 168 feet permitted by the district. City Council Meeting -6- December 15, 2008 Mayor Jacobs said he agrees with the Planning Commission's stance on the wetland issue and the options are to pass the ordinance as written with the prohibition identified on page 23 of the proposal and ask staff to get additional information; pass the ordinance without the exception; or, study the issue in more detail. Councilmember Paprocki made a motion, seconded by Councilmember Carver, to approve the First Reading of an ordinance relating to Communication Towers and Antennas as presented, with the exception that the tower be allowed in the DNR wetlands area and flood plain. Councilmember Paprocki also wanted to permit heights without a CUP, as is currently available in residential districts, making heights match those in residential districts. Discussion ensued among the Council regarding intent and wording of the motion. Councilmember Paprocki said a reason to have requirements in the wetlands is concern for the ecology effects (and would leave judging of that to the DNR) and that he would be all right with a tower except for flashing, which is intrusive. He agreed with Councilmembers Carver's and Sanger's comments that requiring a CUP in the park and open space district would bring balance and assure public process and that the language stay as written, requiring a CUP up to the 70 foot maximum. Councilmember Basill made an amendment to the motion that tie wetland restriction be removed but a Conditional Use Permit be required, remove restriction against building inside the wetlands, and consider permitting heights up to 45 feet with a CUP in the parks and open space district. Councilmember Paprocki rejected the rewording of the motion, seconded by Councilmember Carver, to approve the First Reading of an ordinance relating to Communication Towers and Antennas as presented, with the exception of removal of 3A and 3B on page 23 relating to prohibiting communication towers in wetlands and floodplain, and allow towers in the parks and open space district up to 45 feet as a permitted use without a Conditional Use Permit. The motion failed 1(Councilmember Paprocki)-6. Councilmember Carver made a motion, seconded by Councilmember Basill, to approve the First Reading of an ordinance relating to Communication Towers and Antennas, with the only change being related to wetlands, with the intent being that towers proposed in wetlands would have to comply with the requirements that are outlined in the drafted ordinance and require a Conditional Use Permit, and set the Second Reading for January 5, 2009. The motion passed 5-2 (Councilmembers Paprocki and Omodt opposed). City Council Meeting -7- December 15, 2008 8f. First Reading of Zoning Ordinance Amendments relating to "Service" Land Uses in the Office (0) Zoning District Mr. Morrison presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki; to approve the First Reading of an ordinance relating to "Service"land uses in the Office zoning district, and set the Second Reading for January 5, 2009. Councilmember Omodt said there is need to make sure enforcement remains the same. Mr. Morrison stated that licensing requirements would be the same. Councilmember Carver recommended that "but is not limited to" wording be eliminated in the future, as it is not necessary. The motion passed 7-0. 8g. Bid Tabulation: City Building Telephone System Replacement Project — Project No. 2008-0211 Mr. Pires presented the staff report on the system project, which has an expected delivery date of May 31, 2009, at a cost of$296,000 to $303,629. Council questions of clarification were answered. It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, to reject all bids and authorize staff to engage the services of LOGIS to replace the City campus telephone system, provide required hardware and software from the State (already bid) contract, and provide ongoing telephone system maintenance services at a capital cost not to exceed$303,629. On-going maintenance services may be canceled with 7 months notice and obtained from an alternate managed service provider or provisioned with existing or additional in-house staff The motion passed 7-0. Mayor Jacobs thanked City staff and the committee and commented that it will be important and good to add personal contact into the communication calculation. 9. Communications Councilmember Finkelstein apologized for being unable to attend the December 1 Council meeting, which was due to a medical emergency. City Council Meeting -8- December 15, 2008 Mayor Jacobs thanked the Council for their work to address the City's challenges during the year, _ described members as working well together to disagree with each other respectfully, and then wished everyone a Happy New Year. 10. Adjournment The meeting adjourned at 9:38 p.m. •Yia.,,,,,i,___ ,- Nancy Stroth, City Clerk Jeff Jac s, Mayor