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HomeMy WebLinkAbout2007/10/01 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA OCTOBER 1, 2007 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 Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal) Financial Director(Mr. DeJong) and Recording Secretary(Ms. Schmidt). Guest: John Utley, Kennedy& Graven 2. Presentations—None 3. Approval of Minutes 3a. Study Session Minutes of September 10, 2007 It was noted on page 3, the fourth paragraph, first sentence should state: "... benches that have been provided by the consultant to the residents, stating..." It was noted on page 4, the second paragraph, sixth sentence should state: "... the cost versus benefit was too high and that solar could give similar results." It was noted on page 5, the third paragraph, third sentence should state: "... to the Mayor and that it was revenue neutral." It was noted on page 5, the fourth paragraph, should state: "... part of the EDA presidency to the Mayor's salary." 3b. City Council Minutes of September 17, 2007 It was noted on page 5, the eleventh paragraph, second sentence should state: "... plain had a loan on the..." 3c. Study Session Minutes of September 17,2007 The minutes were approved as presented. P City Council Meeting -2- October 1, 2007 3d. Study Session Minutes of September 24,2007 It was noted on page 1, the twelfth paragraph, it should state: "... Phase 1 would be charged in October." 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. 4a. 1. Motion to adopt Second Reading of Ordinance No. 2336-07 to establish the Wolfe Lake Condominium Association Improvement Area, approve summary and authorize publication. 2. Motion to approve Resolution No. 07-107 to impose fees. 3. Motion to authorize execution of Contract for Private Development and any other related documents,by the Mayor and City Manager, between the City and Wolfe Lake Condominium Association. 4b. Motion to adopt Second Reading of Ordinance No. 2337-07 vacating right-of- way and alleys on the Bass Lake site, approve summary and authorize publication. 4c. Motion to adopt Second Reading of Ordinance No. 2338-07 vacating a storm sewer easement, approve summary and authorize publication. 4d. Motion to adopt Second Reading of Ordinance No. 2339-07 approving a Zoning Map Amendment, approve summary and authorize publication. 4e. 1. Motion to adopt Second Reading of Ordinance No. 2341-07 amending the Floodplain District boundary of the Official Zoning Map, approve summary and authorize publication. 2. Motion to adopt Second Reading of Ordinance No. 2342-07 amending the Zoning Code text related to Floodplain District, approve summary and authorize publication. 4f. Motion to adopt Second Reading of Ordinance No. 2340-07 renaming 35Y2 Street West to 35th Street West, approve summary and authorize publication. 4g. Motion to approve Resolution No. 07-108, calling for a public hearing by the City Council on November 19, 2007 relative to the proposed West End Tax Increment Financing District within Redevelopment Project No. 1 (A Redevelopment District). 4h. Motion to authorize waiver of all subscriber fees for Phase 1 of Park WiFi for the month September 2007 and subscriber fees for the month of October 2007 for those customers not receiving stable and reliable service. 4i. Motion to approve Resolution No.07-109, establishing a special assessment for the repair of the sewer service line at 5824 W. 39th Street. 4j. Motion to approve Resolution No. 07-110, authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, Monterey Drive, &Wolfe Parkway adjacent to the Excelsior& Grand development. City Council Meeting -3- October 1, 2007 4k. Motion to designate Kevitt Excavating, LLC the lowest responsible bidder and authorize execution of contract with the firm in the amount of$77,464.00 for the City Hall storm sewer project—Project No. 2007-2500. 41. , Motion to accept for filing Housing Authority Minutes August 8, 2007 4m. Motion to accept for filing Planning Commission Minutes September 9, 2007 4n. Motion to accept for filing Vendor Claim Report Mr. Harmening stated item 4e had a minor change in the ordinance language regarding flood insurance rate map boundaries in order to meet DNR approval. (Clerk's File No. 37) Mr. Harmening stated item 4h had a new draft submitted because of a redundancy in words and the new wording was distributed to councilmembers. (Clerk's File No. 37) Mr. Harmening stated item 4j, had a word omission, stating it should be noted that the parking bays or the area along Wolfe Parkway, adjacent to the driveway access into the condominium building, should also be designated"loading zone." It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar, with amendments noted on items 4e, 4h and 4j as submitted. Councilmember Omodt stated at the November 5 meeting that he wished to have the minutes of October 1 reflect that he abstained from voting on Consent Calendar Item 4h regarding Wi-Fi. The motion passed 7-0, except for Item 4h Motion passed 6-1 (Omodt abstained). 5. Boards and Commissions -None 6. Public Hearings 6a. Park Nicollet Health Services Bond Issuance Approval Resolution No. 07-103 Mr. DeJong presented the staff report. Mr. Utley stated that because of a Federal tax problem, the 2007B and 2007A bonds would need to be submitted separately, requiring a second public hearing on the 2007A bonds. He stated they further discovered that the cancer center size was inappropriately described, which would require a third and final public hearing on the project, in addition to an amendment to tonight's action authorizing a larger facility. No speakers present. Mayor Jacobs closed the public hearing. Councilmember Basill asked if there was a reason for not deferring it and if there was a time limit on the items on agenda tonight. Mr. Utley stated action on the agenda tonight was complete. City Council Meeting -4- October 1, 2007 It was moved by Councilmember Basill, seconded by Councilmember Carver, to adopt Resolution No.07-103, authorizing the sale of up to $107 million in revenue bonds for the Cancer Center/Orange Lot and Eating Disorders Institute projects. The motion passed 7-0. 6b. Public Hearing to Consider Ordinance Modifying Compensation of the Mayor and Resolution Reducing Salary for the Economic Development Authority President. Mr. Harmening presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve the first reading of the ordinance modifying compensation for the Mayor, and set second reading for October 15, 2007, and motion to adopt Resolution No. 07-104, to modify compensation for Economical Development Authority President. The motion passed 6-0. Mayor Jacobs abstained. Councilmember Finkelstein stated the motion is not a reflection on the Mayor or EDA President, but a reflection in the amount of time the Mayor spends and the actual duties of the EDA President. Councilmember Finkelstein complimented EDA President Omodt for the grace and dignity he has shown by his support. Councilmember Paprocki explained that the EDA and Council were the same people, with the EDA having the President rotate annually. Mayor Jacobs stated it's not the guy, it's the position. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Interim Ordinance Temporarily Prohibiting Pawnshops Resolution No. 07-105 Ms. McMonigal presented the staff report. Lynn Levitan, 9220 Minnetonka Boulevard, stated she was a 7Y2 year employee of Pawn America and requested the ordinance request be denied. She further stated that pawn shops help on taxes and the residents. Sonja Almlie, 3924 Webster Avenue South, thanked staff and Council for taking the time to do the study and approved of the moratorium. She stated that she felt Pawn America did not belong directly behind residences, stating speeding already exists, but would only increase with the business. City Council Meeting -5- October 1, 2007 Prentice Kugler, 5704 West 39th Street, felt compelled to speak for the children and stated Pawn America is not a "children first" business. He also suggested it not be a moratorium for this particular location but for the entire city. Mayor Jacobs stated he understood the moratorium to be citywide. Brad Benson, 5900 West 39th Street, Elmwood Neighborhood Association, stated they are opposed to the pawnshop and they are in favor of moratorium. He further stated that it would not just be an easy in and out to the pawnshop; it would be exposing their clients to their neighborhood. He thanked Council and staff for cleaning up the area, just to have it brought back into the same situation and suggested embracing what's been done to neighborhood. Bob Segal, 5203 Minnetonka Boulevard, stated he is favor of allowing Pawn America into the City, stating it would provide healthy competition. Darryl Eastberg, 3944 Zenwood Avenue, stated he has been loyal to the community, with making purchases within the City limits. He stated he is not in favor of Pawn America and would have second thoughts for making this their retirement residence. Chris Hauer, 3949 Zenwood Avenue, asked if Pawn America would be able to sell guns, stating safety concerns. Mr. Locke stated he would check into it. Dustin Adams, 7500 Highway 7, who works for Pawn America, stated he didn't believe they'd be selling guns, and stated he is in favor of the pawnshop. Pat Skinner, 3336 Huntington Avenue South, stated support of the moratorium. Todd Phelps, Leonard, Street and Deinard, Mr.Rixman's attorney, gave an overview of the process they have gone through with staff, stating at no time were they told they could not come into the City of St. Louis Park. He stated they had met the requirements stipulated by staff. He stated with these assurances, they entered into a purchase agreement with the Trestman's for early occupancy. He further stated that on September 26th he was advised that the Council would be considering the interim ordinance, which would apply retroactively to Pawn America's license application that had been pending for four months. He suggested this action was illegal and stated Pawn America had complied with all requirements of City code. He stated they did not wish to seek legal litigation, stating that if the moratorium was passed and attempted to apply to Pawn America, they would have no other choice, but pursue it. He requested a letter from the City of Burnsville be submitted into the record. Councilmember Basill asked if it was common practice to proceed with the steps he discussed, prior to getting license. Mr. Phelps stated City staff told them they had to be "open"in order to get a license. Councilmember Basill stated they couldn't be open until they had a license. Mr. Phelps stated City staff stated the license would be forthcoming. Councilmember Basill suggested Mr. Ricksman get a license prior to entering into agreements. City Council Meeting -6- October 1, 2007 Councilmember Finkelstein stated St. Louis Park is a middle-aged suburb in the midst of renaissance. He stated he would like to study: 1) the limitation on the number of pawnshops, 2) limitation on the use of sale of items in pawnshops, 3) limitation on the use and sale and use of guns in pawnshops, 4) limitation on the locations of pawnshops, 5) limitation of pawnshops that are immediately adjacent to neighborhoods and 6) study whether there should be a limitation on the number of days and/or hours a pawnshop should be open. Councilmember Sanger agreed, stating the proposed moratorium applies to whole city, not just Pawn America. Councilmember Basill shared some of the research and emails sent to him, stating they have a responsibility to study the matter. He further stated there was a lawsuit brought against the Minnesota Pawn Brokers Association, stating they violated a Minnesota Usery Law and Pawn America was referenced. He stated some businesses have also expressed their concerns. Councilmember Paprocki stated they needed to ask the question "What is a pawn shop doing in a residential area?" Councilmember Omodt stated he would be in support of the moratorium. Councilmember Carver stated he didn't appreciate being threatened. He stated there is a social contract that has to exist between neighbors. He stated they were not making a decision tonight; the request was for a moratorium to study the questions and concerns raised. He asked that the Zamansky letter be submitted into the record. Ron Zamansky, 3901 IDS Tower, stated the attorney letter addresses the broader principal, asking if a property owner in St. Louis Park can rely on the zoning of the city. Councilmember Basill asked Mr. Zamansky when closing date was. Mr. Zamansky stated October 31, 2007. Mr. Phelps stated they had entered into an agreement with Mr. Trestman for early occupancy on October 1, 2007. Councilmember Basill asked when the early occupancy lease was entered into. Mr. Phelps stated September 28th. Councilmember Basill stated that after the moratorium was put on the agenda for tonight's meeting, an early occupancy lease agreement was signed to move it up to October 1st. Mayor Jacobs asked if the purchase agreement had been amended in any way since they received it. Mr. Phelps stated no. Councilmember Finkelstein stated if a moratorium was approved, he had addition areas for study including: 1) what are the current fees and appropriate fees for the number of pawnshops in the City, 2) the current number of inspections and what are the appropriate number of inspections for pawnshops in St. Louis Park, 3) what other City's are doing on this issue, 4) have any other City's considered putting limitations on where a pawnshop could be located and 5) what do the police recommend in St. Louis Park and in other City's. City Council Meeting -7- October 1, 2007 Councilmember Sanger suggested adding two things to the study: access to major streets rather than neighborhoods; and the location requirements with regard to other businesses, for example how close to a school or church. She also suggested researching a requirement that pawnshops be located reasonably close to a police station. It was moved by Councilmember Carver, seconded by Councilmember Basill, to adopt first reading of an Interim Ordinance temporarily prohibiting pawnshops and set second reading for October 8, 2007; to adopt Resolution No.07-105, directing City Planning staff to conduct a study to determine how pawnshops should be regulated within the City; and directing City staff to immediately stop the further processing and approval of any pending or new applications for a pawnshop license. The motion passed 7-0. Mayor Jacobs thanked everyone for the respectful debate on the discussion. 8b. Call for Public Hearing-Nicollet Health Services Refunding Bonds Resolution No. 07-106 Mr. DeJong presented the staff report. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No.07-106, calling for a public hearing authorizing the sale of refunding bonds and ratify staff action to publish a notice of public hearing. The motion passed 7-0. Communications Mayor Jacobs thanked the Lennox Community Center for the wonderful waffle dinner they provided. Councilmember Finkelstein showed a beautiful crocheted afghan he purchased from the craft sale. Mayor Jacobs stated Council was going to Washington D.C. to seek federal funding for Wooddale and Highway 7. He also stated they would be receiving an award for the second year in a row as one of the 100 best communities for kids in the entire country. 9. Adjournment The meeting adjourned at 8:58 p.m. —72 6t4iii Nancy Stroth, ty Clerk Jeff acobj, Mayor