HomeMy WebLinkAbout2011/01/03 - ADMIN - Minutes - City Council - Regular III St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK,MINNESOTA
JANUARY 3, 2011
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Anne Mavity, Paul Omodt, Julia Ross, Susan
Sanger, and Sue Santa.
Councilmembers absent: Councilmember Phil Finkelstein.
Staff present: City Manager(Mr. Harmening), Deputy City Manager/Human Resources Director
(Ms. Gohman), City Attorney (Mr. Scott), Fire Chief (Mr. Stemmer), Planning/Zomng
Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Planner (Mr. Fulton),
Communications Coordinator(Mr. Zwilling), and Recording Secretary(Ms. Hughes).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Recognition for Mayor Jacobs' Service as Co-Chair of Active Living
Hennepin County from 2006-2010
Gail Dorfman, Hennepin County Commissioner, presented a certificate to Mayor Jacobs
in recognition and appreciation of the Mayor's service as co-chair of Active Living
Hennepin County. She also acknowledged Mr. Walther's significant role in the
partnership. She stated that Active Living Hennepin County is an initiative funded by
Blue Cross Blue Shield that encourages and promotes a physically active healthy
lifestyle, particularly in terms of creating public and private spaces that make it easy for
people to walk, access transit, and bike. She referenced the City's commitment to the
project and stated that Excelsior and Grand is an example of a walkable, livable, and
bikeable community, as well as the West End project. She then introduced Karen
Nikolai, Active Living Project Manager.
Ms. Nikolai expressed her thanks to the City for its partnership and recognized Mr.
Walther's work on the project, noting that it has been helpful to have Mr. Walther's
expertise in city planning. She stated that she looks forward to continuing to work with
the City and to discuss a complete streets policy.
Mayor Jacobs expressed his thanks to Ms. Dorfman and also expressed his thanks to Mr.
Walther for his instrumental role in working to make the streets more friendly for cars,
pedestrians, and bicyclists. He stated that Active Living has been actively involved in
creating building designs that encourage people to walk, and Active Living represents a
great partnership between the County, St. Louis Park, and other communities.
City Council Meeting -2- January 3,2011
3. Approval of Minutes
3a. Study Session Minutes of December 13,2010
Councilmember Mavity requested that the last sentence of the third paragraph on page 4
be revised to state "She stated that she wanted to make sure the City looks more closely
at having more pedestrian and bike crossings and to make these areas safe, most notably
with their use as light rail transit stations at the Wooddale and Beltline crossing."
The minutes were approved as amended.
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. Adopt Resolution No. 11-001 Declaring 2011 City Council Meeting Dates.
4b. Approve Resolution No. 11-002 designating the St. Louis Park Sun Sailor as the
City's Official Newspaper for year 2011.
4c. Adopt Resolution No. 11-003 electing to not waive the statutory tort limits for
liability insurance.
4d. Approve 2010 Pay Equity Report.
4e. Adopt Resolution No. 11-004 authorizing final payment in the amount of
$43,243.88 and accepting work for the 2010 Random Concrete Repair with Ron
Kassa Construction, Inc. Project Nos. 2010-0003, 0004, & 0006, City Contract
No. 100-10.
4f. Adopt Resolution No. 11-005 authorizing the special assessment for the repair of
the sewer service line at 2929 Yosemite Avenue South, St. Louis Park, MN -
P.I.D. 09-117-21-34-0104.
4g. Adopt Resolution No. 11-006 certifying the special assessment for the Traffic
Signal and Intersection Improvements, W. 36`s Street at Park Center Boulevard,
Project No. 2009-2101, in the amount of$221,567.93 - P.I.D. 06-028-24-32-0017.
4h. Approve for Filing Vendor Claims.
4i. Approve for Filing Planning Commission Minutes December 8, 2010.
It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to
approve the Agenda and items listed on the Consent Calendar; and to waive reading of
all resolutions and ordinances.
The motion passed 6-0 (Councilmember Finkelstein absent).
5. Boards and Commissions
5a. Reappointment of Citizen Representatives to Boards and Commissions
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to
reappoint the following Commissioners as city representatives to their respective
commissions with terms as follows:
City Council Meeting -3- January 3,2011
Name Commission Term
Expiration
Ryan Burt Board of Zoning Appeals 12/31/2013
Paul Roberts Board of Zoning Appeals 12/31/2013
David Lee Fire Civil Service Commission 12/31/2013
George Hagemann Park and Recreation Advisory Commission 12/31/2013
Kirk Hawkinson Park and Recreation Advisory Commission 12/31/2013
Sam Flumerfelt (youth) Park and Recreation Advisory Commission 8/31/2011
Lynne Carper Planning Commission 12/31/2013
Dennis Morris Planning Commission 12/31/2013
Andrew Ford(youth) Planning Commission 8/31/2011
James Smith Police Advisory Commission 12/31/2013
Hans Widmer Police Advisory Commission 12/31/2013
Matt Flory Police Advisory Commission 12/31/2013
Jason Kley Police Advisory Commission 12/31/2013
Rick Dworsky Telecommunications Advisory Commission 12/31/2013
Dale Hartman Telecommunications Advisory Commission 12/31/2013
Toby Keeler Telecommunications Advisory Commission 12/31/2013
The motion passed 6-0 (Councilmember Finkelstein absent).
Mayor Jacobs expressed his thanks to all the volunteers who serve on the City's boards
and commissions.
5b. Bassett Creek Watershed Management Commission 2011 Appointments
Resolution No. 11-007
It was moved by Councilmember Omodt, seconded by Councilmember Santa, to adopt
Resolution No. 11-007 Appointing Jim deLambert, Commissioner, and Justin Riss,
Alternative Commissioner, to the Bassett Creek Watershed Management Commission;
and Laura Adler, Member to the Technical Advisory Committee for three year terms
expiring January 31, 2014.
The motion passed 6-0 (Councilmember Finkelstein absent).
6. Public Hearings
6a. Fire Stations #1 and#2—Street Vacation, Conditional Use Permits, and Plat
Resolutions No. 11-008, 11-009 and 11-010
Mr. Fulton presented the staff report and explained that the vacation of a portion of
Oxford Street for Fire Station #1 affects only the northerly portion of the lot. He stated
that fire stations are a permitted use with the condition of a 25' setback from residential.
He indicated that the site has a parking requirement of 35 spaces and 44 are provided in
this location. He discussed the Conditional Use Permit (CUP) for excavation and fill, and
preliminary and final plat. He stated that any trees not replaced on-site would result in a
payment to the Tree Replacement Fund, and that the subdivision variance request is due
to the location of the proposed building.
City Council Meeting -4- January 3,2011
Mr. Fulton explained that a CUP for excavation and fill is required for Fire Station #2.
He indicated that the site has a parking requirement of 15 spaces and 23 are being
provided. He advised that the CUP is necessary because the site slopes steeply to the
west. He noted that Northside Park is included as part of this CUP for fill and would
follow a similar haul route.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public hearing.
Councilmember Ross asked if fiber optics are being considered for either one of the sites.
Mr. Fulton stated that discussion has taken place regarding installation of fiber optics to
the fire stations; both will be connected to the City's fiber network. No decisions have
been made about where additional conduit may be needed, but it will be installed where
necessary
Councilmember Ross stated that concerns have previously been expressed regarding light
spillage from the fire trucks exiting the station onto Louisiana Avenue. She asked if
mitigation measures have been discussed with the neighbors.
Mr. Sean Walther, Project Manager, stated that staff has been speaking with the neighbor
across the street from the north driveway but no conclusion has been reached. He noted
that one option is to provide screening; consideration is also being given to reversing the
direction that trucks go into the building.
Councilmember Ross requested further information regarding the impact on Northside
Park's spring and summer activities during renovation, as well as the impact on traffic
flow on Louisiana Avenue during construction.
Mr. Walther stated that Northside Park is officially closed and construction activity will
continue throughout the summer; the park will not reopen until 2012 because the turf
needs to establish itself. He stated that there will be some increased traffic on Louisiana
Avenue during excavation and fill; this activity will begin as early as May and will
continue for a month or two. He noted that most construction activity will begin at 7:00
a.m. and hauling will not typically extend beyond 5:00 p.m.
Councilmember Mavity stated that the tree loss at Fire Station #1 is significant primarily
because the building footprint is much larger. She requested that staff continue to look at
this as part of the overall project costs to ensure that the Tree Replacement Fund receives
an infusion to plant more trees in the community.
Mr. Fulton stated that it is important to note that the landscape plan for the site is still in
flux and a final determination regarding tree replacement will be made at the time a
building permit is issued.
Councilmember Mavity asked if the street vacation on Oxford Street will have any
impact on whether Oxford is a one way or two way street.
Mr. Fulton replied that the general right-of-way along Oxford Street is approximately 60
feet; future decisions about traffic direction will not be limited by the proposed vacation.
City Council Meeting -5- January 3,2011
Councilmember Sanger requested further information regarding how the City will
maintain adequate fire protection services while the fire stations are being demolished
and rebuilt.
Mr. Luke Stemmer, Fire Chief, explained that Fire Station #1 equipment and personnel
will be relocated to Fire Station #2 during construction; Fire Station #2 equipment and
personnel will be moved to the recently renovated Municipal Service Center. He stated
that the Fire Department will then begin reviewing current response times to determine if
changes are needed in order to maximize response times and maximize the Fire
Department's ability to get equipment where it is needed. He added that there will be no
reduction in services to residents during construction and the Fire Department is
confident it can continue to maintain current response times throughout the community.
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt
first reading of an Ordinance Vacating the Street.
The motion passed 6-0 (Councilmember Finkelstein absent).
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to
approve Resolution No. 11-008 Granting Conditional Use Permit Under Section 36-79
of the St. Louis Park Ordinance Code Relating to Zoning to Permit Excavation and Fill
in Excess of 400 Cubic Yards for Property Zoned POS Parks and Open Space District
and R-3 Two-Family Residential District Located at 3750 Wooddale Avenue South.
The motion passed 6-0 (Councilmember Finkelstein absent).
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to
approve Resolution No. 11-009 Giving Approval for Preliminary and Final Plat with
Variance from Subdivision Ordinance.
The motion passed 6-0 (Councilmember Finkelstein absent).
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to
approve Resolution No. 11-010 Granting Conditional Use Permit Under Section 36-79
of the St. Louis Park Ordinance Code Relating to Zoning to Permit Placement of Fill in
Excess of 400 Cubic Yards for Property Zoned C-2 General Commercial District and
POS Parks and Open Space District Located at 2262 Louisiana Avenue South.
The motion passed 6-0 (Councilmember Finkelstein absent).
Mayor Jacobs expressed the City Council's thanks to City staff at every level for working
on this important project.
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions,Ordinances,Motions and Discussion Items
8a. Domestic Partner Voluntary Registration Program
City Council Meeting -6- January 3,2011
Ms. Gohman presented the staff report and noted that this item does not require a public
hearing. She advised that the Human Rights Commission reviewed this item at its
December 21st meeting and expressed its support for the City Council to pursue a
domestic partner voluntary registration program. The Human Rights Commission also
asked the Council to consider sending a resolution to the State regarding this issue. She
stated that the draft ordinance is a City ordinance and does not create any rights otherwise
available to married couples under state or federal law. She noted that the registration
program allows fees for program participation the same as family fee membership, if it
offers such fees to others. She explained that all City employees except firefighters
currently have a flex leave program which does not restrict use of leave and a domestic
partner registration has no impact on staff's ability to use such leave. She indicated that
staff can work with the firefighters to include domestic partner language in their sick
leave program. She added that some employees also have a funeral leave bank that
includes a definition of family; that language could also be amended to include use for a
domestic partner. She stated that the ordinance will have minimal administrative burden
and the proposed fees are $50 for registration and $25 for an amendment or termination
to the registration.
Mr. Curt Peterson, 2815 Toledo Avenue, appeared before the City Council and stated that
the domestic partner registration ordinance is an important step toward recognizing the
dignity, value, and integrity of each person and protecting all families regardless of
sexual orientation. He indicated that this is not a legal action and is only symbolic, but a
cross and a flag are also symbolic.
Mr. Kenny Wolf appeared before the City Council and expressed his thanks to the City
Council for considering this ordinance. He stated that the ordinance may be symbolic,
but it is meaningful, responds to the needs of residents, and proves that St. Louis Park is
the most livable for the LGBT community.
Mr. Phil Durand, Minneapolis, appeared before the City Council and stated that his
organization is honored to provide information and service to St. Louis Park in its
consideration of this ordinance. He indicated that it is important to recognize that this
ordinance extends to all same sex and heterosexual couples and noted that there are many
elderly heterosexual couples who choose to live together but remain unmarried and this
ordinance provides a way for them to register their relationship. He pointed out that the
proposed ordinance does not impose any obligations on businesses or other institutions.
Ms. Erin Keyes, 2637 Joppa Avenue, appeared before the City Council and stated that
this ordinance in an important step in an important evolving process. She indicated that it
means a lot to be in a community where they are welcomed and expressed her thanks to
the City Council and Human Rights Commission.
Ms. Janice Goldstein, 4730 Park Commons Drive, appeared before the City Council and
expressed her thanks to the City Council for considering this and stated she would be
grateful if the Council approves the ordinance.
Councilmember Sanger expressed thanks to the residents who came forward and spoke
about the ordinance. She stated she is proud to have initiated this ordinance that is
intended to help identify and promote St. Louis Park as a welcoming and inclusive
community. She noted that the impetus for this ordinance was that she was hearing
City Council Meeting -7- January 3,2011
stories from people about how they were excluded from the decision-making process
when their loved one was in a medical crisis and this ordinance will serve to encourage
medical providers to include domestic partners as members of the decision-making team.
She added that this ordinance can benefit a lot of people and will cause no harm to
anybody if the ordinance does not apply to their circumstances.
It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt
first reading of an Ordinance adding Chapter 5 to the St. Louis Park City Code
Concerning Domestic Partners, and to set Second Reading January 18, 2011.
Councilmember Sanger requested that staff review its employee policies and to add the
term domestic partner language in regards to use of leave.
Mayor Jacobs stated that Councilmember Sanger's request need not be included as part
of the motion and will be considered a directive to staff.
Councilmember Santa agreed with Councilmember Sanger's comments regarding the
proposed ordinance. She asked why the city would require amendment or change in
domestic partnership registration.
Ms. Gohman explained that an amendment would be initiated by an applicant for items
they may choose for example name change, address change, or anything that they would
like in revising their documentation.
Councilmember Mavity stated that she is honored and privileged to approve this
ordinance and it allows the Council a chance, even symbolically, to begin to nght some
of the injustices and wrongs from the past.
Councilmember Ross stated that she fully supports this ordinance. She indicated that St.
Louis Park is as a community that welcomes all people regardless of background or
orientation and this ordinance says to all residents that they are welcome in this
community.
Councilmember Omodt expressed his thanks to Councilmember Sanger for bringing this
issue forward and added that the ordinance is long overdue.
Mayor Jacobs stated that St. Louis Park has a long tradition of diversity and welcoming
people to its community. He agreed that the ordinance is long overdue and sends a
message to the community that this is who we are, we accept and welcome everybody in
this town, and we are glad you are here.
The motion passed 6-0 (Councilmember Finkelstein absent).
8b. Designating 2011 Mayor Pro Tem
Resolution No. 11-011
It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt
Resolution No. 11-011 Appointing Susan Sanger to the Office of Mayor Pro Tem for the
Year 2011.
City Council Meeting -8- January 3,2011
The motion passed 6-0 (Councilmember Finkelstein absent).
9. Communications
Mayor Jacobs expressed the City Council's thanks to the City's public works staff for
their hard work and great job in keeping the streets plowed.
Councilmember Ross reminded residents to please shovel their sidewalks and clear the
snow from fire hydrants.
10. Adjournment
The meeting adjourned at 8:28 p.m. (.3
Nancy StrG�ity Clerk Jeff Jaco a s,'.'ay t r