HomeMy WebLinkAbout2003/09/15 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES
ST. LOUIS CITY COUNCIL MEETING
PARK ST.LOUIS PARK, MINNESOTA
September 15,2003
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 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); Economic Development Coordinator(Mr.
Hunt); Planning and Zoning Supervisor(Ms. Jeremiah); Planning Coordinator(Ms.
Erickson); Director of Public Works (Mr. Rardin); City Engineer(Ms. Hagen); Director
of Finance(Ms. McGann); Police Chief(Mr. Luse); Police Lieutenant(Mr. DiLorenzo);
Operations Superintendent(Mr. Hanson); Director of Parks and Recreation(Ms. Walsh);
City Clerk(Ms. Reichert); and Recording Secretary (Ms. Samson).
2. Presentations
2a. Evergreen Awards
Mayor Jacobs presented Evergreen Awards to Elmo and Jane Plumhoff, Janice Richie,
Sylvia Kubes, and William Osmundson. Parks and Recreation Commissioner Nancy
Nelson described the Evergreen Award selection process.
2b. Beth El Synagogue
Linda Goldberg, from Beth El Synagogue, presented a donation to Police Chief Luse and
the St. Louis Park Police Department. Roger Landy accompanied Ms. Goldberg.
3. Approval of Minutes
3a. City Council Minutes of September 2, 2003
The minutes were approved with the following change:
From Councilmember Sanger: Page 7,paragraph 2, immediately preceding certificate of
occupancy insert temporary.
4. Approval of Agenda and Items on Consent Calendar
NOTE The Consent Calendar lists those items of business which are considered to be routme 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
City Council Minutes -2- September 15, 2003
4a Adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to
the recommendation of the City Manager.
Resolution No. 03-127 Byerly's Wine& Spirits Byerly Beverages, Inc.
Resolution No. 03-128 Doubletree Park Place Hotel DT Management Inc.
Resolution No. 03-129 Knollwood Liquor Inc.
Resolution No. 03-130 Sam's Club #6318 Sam's West Inc.
Resolution No. 03-131 Santorini's B &A Inc.
Resolution No. 03-132 St. Louis Park Liquors Nguyen, Lua T.K.
Resolution No. 03-133 Texas-Tonka Liquors, Inc. (Summit)
4b Approve Second Amendment to the Amended and Restated Contract for Private
Redevelopment By and Between St. Louis Park Economic Development Authority and
City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July
23, 2001
4c Designate Hulegaard Construction the lowest responsible bidder and authorize execution
of a contract with the firm in the amount of$125,000.00 for Storm Water Flood
Improvements in Area No. 1 (Runnymeade Lane) and Area#9 (5801 & 5737 W. 25 ''A
Street)—City Project Nos. 00-03 &03-05
4d Adopt Resolution No. 03-134 authorizing the installation of one-hour parking
restrictions on the east side of Xenwood Avenue from Excelsior Boulevard to a point 150
feet north of Excelsior Boulevard, Traffic Study No. 583
4e Adopt Resolution No. 03-135 authorizing the installation of parking restrictions on the
north side of the North Frontage Road of Highway 7 a distance of 10 feet centered on the
outwalk to 4310 Highway 7, Traffic Study No. 584
4f Approve the contract with Three Rivers Park District, formerly Hennepin Parks, to clear
and remove snow from the LRT and Cedar Lake Extension Trails through the City of St.
Louis Park
4g Authorize the Mayor and City Manager to execute the Contract and Declaration of
Covenants for the Maintenance and Operation of Excelsior& Grand Public
Improvements
4h Accept for filing the minutes of the Board of Zoning Appeals of July 24, 2003
4i Accept for filing the minutes of the Planning Commission for August 20, 2003
4j Accept for filing the Housing Authority Minutes of August 13, 2003
4k Waive reading of resolutions and ordinances
41 Accept vendor claims for filing(Supplement)
It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve
the Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
5. Boards and Commissions: None
6. Public Hearings
City Council Minutes -3- September 15, 2003
6a. Public Hearing to consider resolution authorizing gambling premises permit
for the Community Charities of Minnesota to operate at Park Tavern
Lounge and Lanes located at 3401 Louisiana Ave S.
Resolution No. 03-116
City Clerk Cindy Reichert introduced this item.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Omodt, seconded by Councilmember Santa, to approve
Resolution No. 03-116 granting the permit
The motion passed 7-0.
6b. Public Hearing Park Nicollet Private Activity Revenue Bond Sale
Resolution No.'s 03-117 and 03-118
Director of Finance Jean McGann said the bonds are not liabilities of the City. Ms.
McGann said the revenue refunding bonds shall not exceed$205,000,000 (Two Hundred
Five Million dollars), and the issuance, sale, and delivery of revenue bonds shall not
exceed $85,000,000 (Eighty Five Million dollars) for the construction of a heart and
vascular center.
Bond counsel, John Utley, Kennedy& Graven, said there are two resolutions because one
piece of the financing is a refunding, i.e., a refunding of the outstanding indebtedness that
the City has issued in the past for the facilities of Park Nicollet, and the second piece is
for a new project. Mr. Utley said these revenue bonds are secured solely by the
beneficiary of the facility, and the status of the bonds shall have no impact on the City's
credit rating or its General Obligation bonds.
Ms. McGann said Park Nicollet and its entities agree to pay the fees and expenses
incurred by the City in the transaction, and shall also pay the annual administrative fee of
the City in respect to the bonds.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 03-117 authorizing the issuance, sale, and delivery of revenue refunding
bonds; and to adopt Resolution No. 03-118 authorizing the issuance, sale, and delivery
of revenue bonds
The motion passed 7-0
6c. Public Hearing—Edgewood Tax Increment Finance District
Resolution No. 03-119
City Council Minutes -4- September 15, 2003
Economic Development Coordinator Greg Hunt said he would like to enter into the
record the September 8, 2003 memo from Richard P. Johnson, Deputy County
Administrator of Hennepin County, which reflects the County's position on the proposed
St. Louis Park Edgewood Soils Condition TIF District, Clerk's File No. 12. Mr. Hunt
said, as noted by Councilmember Brimeyer during the EDA meeting tonight, the memo
states: "It appears that this TIF District satisfies the preference of the Hennepin County
Board of Commissioners for use of tax increment financing, as identified in Resolution
92-10-017R1, adopted 10/27/92."
For EDA action on this item, see the EDA minutes of September 15, 2003, item 7e.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Velick, seconded by Councilmember Sanger, to adopt
Resolution No. 03-119 modifying Redevelopment Project No. 1 and establishing the
Edgewood Tax Increment Financing District and adopting a Tax Increment Financing
Plan therefor.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public: None
8. Resolutions, Ordinances, Motions
8a. First Reading of an Ordinance amending Ordinance No. 2097 of the St.
Louis Park Code of Ordinances relating to Snow Removal Parking
Restrictions, revising effective accumulation depth, restricted parking hours,
and parking enforcement procedures
Public Works Director Mike Rardin introduced Operations Superintendent Mark Hanson.
Mr. Hanson provided a Staff report. Mr. Hanson said the three main focal points are: 1)
to eliminate the hours of 8:00 a.m.-5:00 p.m. on the parking restrictions; 2) change the
effective snow depth from 2"to 3"; and 3)heighten police enforcement of the parking
restrictions. Mr. Hanson reported that residents who qualify shall be able to acquire up to
two free permits, if approved for additional permits, charges for those permits would be
imposed. Permits would be granted or sold only if residents do not have adequate
parking spaces in their garages and driveways for their vehicles.
Teresa Hoglund, 6619 West 16th Street, said she has a one-car garage, five adults, and
five vehicles at her residence, and she should not have to pay for permits for those
vehicles to be parked on the street.
Roger Rosko, 1438 Nevada Avenue South, commented on the inconsistent enforcement
of the current snow ordinance. Mr. Rosko said he has moved his cars to a park and ride
in order to comply with the current 8:00 a.m. parking restriction. He said people should
be able to get up at a fixed hour to do something about enabling snowplows to be used
efficiently. Mr. Hanson said a ban will not go into effect until at least 3"of snow has
fallen.
City Council Minutes -5- September 15, 2003
Chad Laux, 3104 Georgia Avenue South, said in order to comply with the proposed
changes, extra company will have to go home; where will cars go when he or others
shovel their driveways; and where will patrons park when small office parking lots are
full and there is no parking on the streets? Mr. Laux favors an even/odd parking
restriction.
Phillip Finkelstein, 2710 Monterey Avenue South, said the elimination of a fixed time
will create more confusion; he favors a fixed time.
Police Chief Luse said the anticipated enforcement nomenclature would be: Public
Works determines a snow ban is in effect; a Public Works supervisor and a Police
Department supervisor would meet and establish a timeline under which cars would be
plowed in. Chief Luse said initial plowing patterns would take four to eight hours to
complete. Chief Luse continued: It would be during the second pass of plowing that cars
would be towed, so, a two-day process of plow,tag,plow, tow.
Mr. Rosko said the pattern of police enforcement should be codified, and he favors an
even/odd restriction.
Councilmember Sanger said the permit system may not be a good way to go. She thinks
an even/odd system may be better,however, she thinks more work needs to be done on
how to handle where people should park extra vehicles. She mentioned that Minneapolis
has designated snow parking locations called snow oases. Mr. Hanson responded that the
goal is to eliminate convenience parking on City streets.
Councilmember Basill said there are several things to balance and, overall, he is support
of Staff's recommendations.
Councilmember Omodt said$100 is a lot of money for a permit, and the handicap aspect,
as Mr. Rosko pointed out,needs attention. Mr. Rardin said Staff can consult the City
Attorney about considerations for handicap parking and report at a Study Session; or Mr.
Rardin can provide information prior to second reading. Mayor Jacobs and
Councilmember Velick would like to discuss this further, specifically,parking for
caregivers and around-the-clock care. Councilrimember Omodt asked if, and suggested
that, residents be informed of the schedules of plows and how they work through the
City, i.e., plowing patterns. He said it is imperative that residents be informed of the
plow, ticket,plow, tow process.
Councilmember Santa requested that Staff address the issues raised tonight prior to the
second reading.
It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to
approve First Reading of proposed Ordinance Code text amendments related to Snow
Removal Parking Restrictions and set Second Reading for October 7, 2003.
Councilmember Omodt strongly encourages residents to come forward with suggestions
prior to the second reading.
The motion passed 7-0
City Council Minutes -6- September 15, 2003
8b. Environmental Assessment Worksheet(EAW) and Authorization to
Advertise for Bids for the Lamplighter Pond Flood Improvement Project,
City Project No. 00-18. Resolution No.'s 03-120 and 03-121
City Engineer Maria Hagen presented a Staff report. Ms. Hagen distributed Responses to
Comments from Public Information Meeting, Lamplighter Pond, WSB Project No. 1007-
64 to the Council.
Pete Willebring, WSB & Associates,provided an overview of the project. Mr.
Willebring said there can be no guarantee that flooding will never occur in this area but
WSB believes the probably of flooding of structures in this area will be significantly
reduced after the flood improvement project is implemented.
Paul Martin, Braun Intertec, said soil borings were performed generally in the area of the
pond and there was concern about the homes adjacent to the pond, i.e., a potential
differential settlement that may cause cracking,but the results of the study indicated that
that should not be a problem for those homes.
Erik Wrede, Executive Director Minnesota Conservation Corps and resident of St. Louis
Park, 1624 Nevada Avenue South, is highly supportive of the 30-foot buffer of native
plantings. Mr. Wrede promotes the health and safety of St. Louis Park citizens, even if it
means losing a few trees. He said his organization can help to educate people on
environmental stewardship, and he looks forward to a call if help should be requested.
Deborah Coe, 1600 Pennsylvania Avenue South, said the project should not be approved
for the following three reasons: 1) it would mean the destruction of the natural beauty of
the neighborhood and Lamplighter Park, i.e., the loss of trees and inadequate space to
replace the trees; 2) subsidence, the City is risking damaging more homes due to this
project; and 3)the City has not disclosed the actual costs of the project to St. Louis Park
residents. Ms. Coe said she and others have obtained documents in regard to negotiations
between the church and the City.
Rod Harris, 2205 Quebec Avenue South, described the structural, settlement, and erosion
problems he has been experiencing with his home and driveway, which is characteristic
of his neighborhood. Mr. Harris requested that if the Council proceeds with this
proposal, the Council makes available, at City expense, an independent evaluator to
assess the condition of each home prior to project construction and subsequent to the
draw-down and the refilling of the pond.
Jay Brodersen, 2201 Quebec Drive, is supportive of the project. Mr. Brodersen said from
the last flood in June, he incurred about$15,000 in damage.
Nathan A. Busch, 1600 Pennsylvania Avenue South, said initially he supported the
proposal, however, he has changed his stance, and he is dead set against the project. Mr.
Busch encourages the Council not only to rethink the project but to give it its due six feet
under. Mr. Busch requests the Council fund the establishment of a baseline stability for
the 10 homes on the eastern side of the project and those homes in the area of Quebec and
22nd.
He requests a baseline against subsidence and stability. Mr. Busch asked: What is
Plan B if the project does not alleviate the flooding as hoped? He said that$1.5 million
dollars is unreasonable.
City Council Minutes -7- September 15, 2003
Josh Goldman, 2221 Quebec Drive, supports the project.
Roger Rosko, 1438 Nevada Avenue South, said he disputes the Staff report and he listed
specific examples. Mr. Rosko suggested the water level of the pond be maintained at a
lower level as opposed to a fairly full level; addition of berms; and more pumping. Mr.
Rosko said it is not necessary to remove so many trees. In regard to the subsidence issue,
he also calls for the establishment, at City expense, of a baseline with indemnification
that the City sign off if the project goes awry. Mr. Rosko reference Condition 4, "taxing
of all church property to be eliminated." He has not been able to find out the dollar
amount of those taxes associated with the church.
Mitch, 1417 Texas Avenue South, said he supports the project.
Dennis Batty, 22770 Imperial Avenue North, is a member of the Park Assembly of God
Church. Mr. Batty said, in regard to Condition 4, taxes and back taxes have been
completely withdrawn.
Councilmember Velick said the City replaces trees that are removed; the cost of the
project did not triple in two years; the EAW was scrutinized by 15 agencies; and she
supports the project.
Councilmember Omodt also supports the project.
Councilmember Sanger asked questions about subsidence, and Mr. Martin responded.
Councilmember Brimeyer asked questions, and Mr. Willebring addressed subsidence.
Mr. Willebring said it would be helpful for WSB to discuss the issues with residents.
Councilmember Sanger asked about the City's cost in regard to the easement on the
church property, and Ms. Hagen said the cost would be a one-time fee of$10,000.
Mr. Rosko asked if the September 15th Braun Intertec report is available, and Mr. Martin
said no, not tonight, however,he could provide it to Mr. Rosko.
It was moved by Councilmember Velick seconded by Councilmember Brimeyer, to adopt
Resolution No. 03-120 approving the EAW,finding no need for an Environmental Impact
Statement(EIS) and requiring certain mitigation as described in the EAW.
The motion passed 7-0
It was moved by Councilmember Velickseconded by Councilmember Santa, to adopt
Resolution No. 03-121 approving plans and specifications and authorizing advertisement
for bids for construction of the flood improvement project
The motion passed 7-0.
8c. 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. Resolution No. 03-122
City Council Minutes -8- September 15, 2003
Planning Coordinator Judie Erickson presented a Staff report. Ms. Erickson said Staff
and the Applicant have worked out issues that were raised at the Council meeting of
September 2, 2003, i.e., the Applicant will deposit an escrow in the amount of$500,000
to insure site developments on the South property, as well as $50,000 to ensure removal
of all nonconforming signs, and the new language has been included in the resolution.
Councilmember Sanger requested a modification be made to Condition 5a of the Final
PUD, i.e., add: Pile driving and other similarly noisy activities at the parking ramp site
shall extend no later than 6:00 p.m.
Tim O'Dougherty, Luther Companies, said Councilmember Sanger's modification is
"absolutely acceptable."
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 03-122 approving Final PUD subject to the conditions in the resolution;
and pile driving and other similarly noisy activities at the parking ramp site shall extend
no later than 6:00 p.m.
The motion passed 7-0.
8d. The request of City of St. Louis Park for Conditional Use Permits for the
excavation of approximately 990 cubic yards of soil from Wolfe Park open
space west of the Rec. Center for the creation of a skate park and for
placement of 990 cubic yards of fill on Shelard Park to correct settling
Case Nos. 03-52-CUP & 03-55-CUP,3700 Monterey Drive & 390 Ford Road
Resolution No.'s 03-123 and 03-124
Planning and Zoning Supervisor Janet Jeremiah presented a Staff report.
It was moved by Councilmember Omodt, seconded by Councilmember Basill, to adopt
Resolution No. 03-123 approving the Conditional Use Permit for the excavation of soil
at Wolfe Park subject to conditions included in the resolution; and to adopt Resolution
No. 03-124 approving the Conditional Use Permit for the placement of soil at Shelard
Park subject to conditions included in the resolution.
The motion passed 7-0.
Councilmember Omodt thanked the Walser Foundation for getting this skate park off the
ground.
8e. Request of TOLD Development Company for Final Plat approval for Park
Commons East 2°d Addition and an Amendment to the Park Commons East
Planned Unit Development granting Final PUD approval for Phase NE
(Excelsior& Grand Phase II) and amendments to the Phase I Official
Exhibits. Case Nos. 03-19-PUD and 03-20-S. Phase NE: Outlots D and E,
Park Commons East (northeast corner of Park Commons Drive and Grand
Way) Resolution No.'s 03-125 and 03-126
Ms. Jeremiah presented a Staff report.
City Council Minutes -9- September 15, 2003
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt
Resolution No. 03-125 approving the Final Plat for Park Commons East 2nd Addition
subject to the conditions in the resolution; and adopt Resolution No. 03-126 approving
amendments to the Park Commons East PUD granting Final PUD approval for Phase
NE(Excelsior & Grand Phase II) and amendments to the Phase I Official Exhibits
subject to the conditions in the resolution.
The motion passed 7-0.
9. Communications
Councilmember Omodt encourages everyone to visit the newly renovated Louisiana Oaks
Park.
Councilmember Basill said the St. Louis Park Historical Society had their ice cream
social at the tram depot, and he encourages residents to visit the Historical Society.
10. Adjournment
Mayor Jacobs adjourned the meeting at 10:28 p.m.
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