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HomeMy WebLinkAbout2007/11/19 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA NOVEMBER 19, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:39 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver and Paul Omodt. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Communications Coordinator (Mr. Zwilling), Economic Development Coordinator (Mr. Hunt), Engineering Project Manager (Mr. Olson), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Planner (Mr. Fulton) and Recording Secretary (Ms. Schmidt). 2. Presentations—None 3. Approval of Minutes 3a. Study Session Minutes of October 8,2007 It was noted on page 3, item#4, the fifth sentence should state: "Councilmember Sanger asked how they could..." The minutes were approved as amended. 3b. Special Study Session Minutes November 5, 2007 It was noted on page 2, item#2, the second paragraph should state: "... sober houses, group homes, LRT and railroad..." The minutes were approved as amended. 3c. Special City Council Minutes November 13, 2007 The minutes were approved as presented. City Council Meeting -2- November 19, 2007 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. Resolution No. 07-133 Authorizing parking restrictions at the entrance to Nelson Park, Traffic Study No. 608. 4b. Resolution No. 07-134 Suspending collection of the Local Tax on Lawful Gambling through 2008. 4c. Resolution No. 07-135 Conveyance of tax forfeit property located at 9429 Frederick Avenue. 4d. Resolution No. 07-136 Final payment to Olympic Construction for Westdale Park Detention Pond—Project No. 2006-1300. 4e. Resolution No. 07-137 rescinding Resolution No. 07-097 and adopting Resolution No. 07-138 regarding a Special assessment for sewer service line repair at 7720 Division Street. 4f. Resolution No. 07-139 Authorizing parking restrictions at 3920 Minnetonka Boulevard, Traffic Study No. 606. 4g. Resolution No. 07-140 Authorizing traffic controls at W. 39th Street and Zarthan Avenue and Resolution No. 07-141 Authorizing traffic controls on Zarthan Avenue South At Cambridge Street,Traffic Study No. 607 4h. Minnehaha Creek Watershed District Conservation Agreement. 4i. Change Order No. 4 to Contract 15-07 — Sanitary Sewer Project — Shelard Lift Station(LS)#18 & Force Main (FM) - Project 2005-1200. 4j. Minnehaha Creek Watershed District Letter of Commitment. 4k. Change Order No. 1 to Contract 105-07 — Minnetonka Blvd Trail Improvement— Project 2004-0302. 41. Amendment No. 3 to Contract 81-05 — Sanitary Sewer Project — Shelard Lift Station(LS)#18 &Force Main (FM) - Project 2005-1200. 4m. Motion to approve for filing Planning Commission Minutes October 17, 2007. 4n. Motion to approve for filing Vendor Claims. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve the Agenda and items listed on the Consent Calendar The motion passed 5-0. 5. Boards and Commissions Mayor Jacobs noted that Council was interviewing candidates for the open board and commission vacancies, stating there were still openings on various boards and commissions. He further stated if anyone was interested they could contact Marcia Honold at the City at 952-924-2651. Mayor Jacobs thanked the candidates who applied, stating it is a lot of work but it is what it takes to make St. Louis Park a great place. City Council Meeting -3- November 19, 2007 Councilmember Paprocki also stated there were openings for youth commission members, such as Human Rights and Planning Commission. He stated it was great was for high school students to get involved. Mayor Jacobs added being able to write that they chaired a Planning Commission would look favorable on a college application. 6. Public Hearings 6a. Public Hearing and Resolution approving the establishment of The West End Tax Increment Financing District. Resolution No. 07-142 Mr. Hunt presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt Resolution No. 07-142, approving the establishment of The West End Tax Increment Financing District within Redevelopment Project No. 1 (a redevelopment district). The motion passed 5-0. Councilmember Finkelstein clarified that by adopting this resolution, Council still did not make a commitment for an exact amount of financial assistance which is still under negotiation. He further asked what the time frame would be to bring that information back to Council. Mr. Hunt stated December 3rd or 17t. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. First Reading of an ordinance amending the St. Louis Park Ordinance Code Chapter 32: Utilities. Mr. Olson presented the staff report. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve first reading of proposed ordinance amendment to the St Louis Park Ordinance Code Chapter 32: Utilities, and set second reading for December 3, 2007. Councilmember Basill asked if the determination was whether or not they were going to be replaced or whether or not the residents along the street would pay for. Mr. Olson stated mandatory replacement would be required on high volume roads that had water service lines 50 years old or older and would be included in the plans to be replaced under the surcharge. Mr. Olson further stated it would probably not include those service lines that had been replaced or repaired within the last 20 years. Mr. Rardin stated staff's expectation was just to authorize replacement of outdated service lines. City Council Meeting -4- November 19, 2007 Councilmember Basill asked if it was common for real estate closers to research utility bills so that a buyer would be aware that there may be this charge. Mr. Rardin stated he was not certain of the requirements for sale disclosure, stating he's not sure if the surcharge would have to be. Mr. Rardin stated they were limited on what information they could provide on direct pieces of property. Councilmember Sanger stated she understood it would only apply to busy streets; however, the ordinance documentation did not include that limitation and asked why it was written more broadly than originally discussed. She also asked Mr. Olson to describe to the residents what happens if they have a surcharge on property if they were to sell their property, how it would get paid off. Mr. Olson stated whenever the City replaced a water main, they encourage residents to replace their line, stating this policy would not require replacement and allowing them a choice, unless it was a busy high volume road. Mr. Olson stated that the amendment would allow it to be used on all streets, but the intent of the policy is that it only be used on busy streets, which would be controlled by Council approval, project by project. He further stated residents could pay this amount up front or through the surcharge. If a resident were to sell their property the surcharge would be attached to the property, so if it were not paid off, the new owner would be responsible for the surcharge until it was paid off. Councilmember Paprocki inquired about the usable life of a road and if the longevity would be affected each time the pavement was cut. Mr. Olson stated each time the road is cut into, it severely deteriorates it and the life expectancy would be decreased. Mr. Olson also stated it would be a considerable savings to the resident to replace it as it gets old versus having to replace it if it should fail. Councilmember Finkelstein reminded everyone that this was an example of the City trying to be pro-active in dealing with an aging infrastructure. Councilmember Paprocki asked how much it would cost a business owner to have the line replaced. Mr. Rardin stated approximately $750 to $2000, because of the minimal amount of work done at reconstruction. The normal replacement could cost $2000 to $5000 because of restoration and traffic control, stating there would be a significant savings when done in conjunction with a project. Councilmember Finkelstein stated it would be approximately half the cost if done when reconstructing the street versus doing it on your own. Mr. Rardin stated possibly even less than half. The motion passed 5-0. City Council Meeting -5- November 19, 2007 8b. Ordinance Eliminating the Tobacco Smoke Testing and Disclosure Requirements for Licensed Food and Beverage Establishments. Mr. Hoffman presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve first reading of an ordinance amendment deleting Section 8-258 (b) in its entirety and set second reading for December 3, 2007. The motion passed 5-0. 8c. Preliminary and Final Plat of Fretham 9th Addition (2942 Boone Avenue S). Resolutions No. 07-143 and 07-145 Mr. Fulton presented the staff report. Mr. Harmening stated the staff report indicated the 25 ft setback was noted in the resolution; however, that particular condition was not included and stated there is a revised version and should have been included in the original resolution. Steve Shelerud, 2910 Cavell Avenue South, asked if the builders were going to follow the developer's plan. Councilmember Paprocki stated it was not actually in the resolution but he would add it to his motion ensure they add the boulder wall and have the turnarounds as part of the conditions. Mr. Shelerud also asked if there were some boulders along Cavell Avenue. Mr. Fulton stated the developer was not intending to include them on Cavell. Councilmember Sanger stated she would not be supporting either plan because she didn't like the first plan proposal because of land manipulation to make it meet the technically letter of the law and squeeze the last profits of the investment for the developer. She further stated she didn't really like the second plan any better because of the two variances associated with it, one of which was reducing lot size below minimum requirement and the variance to eliminate the sidewalks. Councilmember Finkelstein asked the developer if he would be willing to go ahead with Councilmember Paprocki's additional requirements to two separate turnaround lots. The developer's representative stated yes. Councilmember Finkelstein also asked if the developer agreed with the boulder separation along Minnetonka Boulevard and the developer's representative stated yes, further stating there was never intention of putting boulders on Cavell. Councilmember Finkelstein stated he was not crazy about sub- divisions; however, in this case he would reluctantly be supporting this because the developer did meet the requirements of the statute and zoning laws. Councilmember Finkelstein further stated that the reason for the current change was the meet the requirements and efforts of meeting with Councilmember Paprocki and the neighborhood. Councilmember Finkelstein went on to state that he didn't feel they could zoning by neighborhoods, but in this case that the developer was requesting variances because Council asked him to meet with the neighborhood and make changes, he would be reluctantly supporting the resolution. City Council Meeting -6- November 19, 2007 Councilmember Paprocki stated he sympathized with Councilmember Sanger's comments on neighborhood standards and stated he thought it would be a good thing to look into the future. Councilmember Paprocki further stated that the laws in existence needed to be followed as they stand, stating the developer followed the laws as they stood. Councilmember Paprocki stated appreciation for the work the developer did with staff and the neighborhood. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to adopt Resolution No. 07-143, approving the preliminary and final plat of Fretham 9th Addition with a subdivision variance for sidewalks. Mayor Jacobs stated the developer's initial request essentially met most of the requirements, stating the Council then sent him to meet with the neighborhood to discuss potential changes. He further stated he agreed with Councilmember Sanger on the sidewalk concern and would like to have the issue revisited and put back in if possible. Councilmember Sanger stated it was illogical to make a statement that the street was so narrow and it has problems for parking, but then say they don't want sidewalks. She went on to state that if the street was that narrow and there's traffic problems already, there should be sidewalks where people could walk safely and not have to walk in the narrow street. Councilmember Paprocki stated the developer was willing to apply money to toward sidewalks elsewhere, stating with the addition of the boulder wall for protecting the residents in the yard, it would eliminate the sidewalk. Councilmember Basill asked if with the unique circumstances of the property, would this set a precedence of under sized lots going forward. Mr. Scott didn't believe they would be, stating the developer met the original requirements; this modification was just simply to make it work better. Councilmember Basill stated the modified proposal was a better project for the community and neighbors. Councilmember Finkelstein reiterated that there was Council reluctance, stating they did have concern with the lot size, and that this was based on the fact that Council sent the developer back to work with the neighborhood. He further stated as a result of Councilmember Paprocki's motion, he wanted two amendments added: Condition 10, that these variances should be granted on the development of two adequately sized turnaround lots in lots 1 and 2; and Condition 11, that a wall of boulders be added along Minnetonka Boulevard in the manner that was discussed with the neighborhood meetings. Mr. Scott requested another provision be added to incorporate the conditions added into a development contract as approved by the City Attorney. Marty Campion, Otto Associates, stated the developer would be committing to the boulder wall; however, they would like to work with staff as to the ultimate height of the boulder wall and not commit to a specific four feet at this point. Councilmember Paprocki asked Mr. Scott if the development contract would protect the City and make sure the neighborhood needs were met. Mr. Scott stated that the boulder language could state that the boulder wall would be as approved by staff. City Council Meeting -7- November 19, 2007 Councilmember Basill stated he hoped the boulder wall would be esthetically pleasing. Amended MOTION: to adopt Resolution No. 07-143, approving the preliminary and final plat of Fretham 9th Addition with a subdivision variance for sidewalks; and that the Resolution state that the developer shall: 1) install a boulder wall along Minnetonka Boulevard as approved by staff and the City Attorney, 2) install parking turnarounds for Lots 1 and 2 along Cavell Avenue of a minimum 8.5 feet by 20 feet, 3) enter into a development agreement with the City to guarantee the completion of all required improvements as approved by the City Attorney. The motion passed 4-1. Councilmember Sanger opposed. It was moved by Councilmember Paprocki, seconded by Councilmember Basill to adopt Resolution No. 07-145, approving the variances to the zoning ordinance,permitting a lot width of less than 85'and a lot variance of less than 9000 square feet. The motion passed 4-1. Councilmember Sanger opposed. Mayor Jacobs thanked everyone involved in the project. 8d. Early Start Agreement between the City and Park Nicollet Methodist Hospital related to 3515 Belt Line Blvd. (the EDI site). Resolution No. 07-144 Mr. Hunt presented the staff report. It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to adopt Resolution No.07-144, approving the Early Start Agreement between the City and Park Nicollet Methodist Hospital. The motion passed 4-1. Councilmember Sanger opposed. 9. Communications Mayor Jacobs extended Council's condolences and best wishes to Councilmember Omodt for his mother's speedy recovery. He also wished everyone a Happy Thanksgiving and to give thanks for the many blessings everyone has. Mr. Harmening stated the Truth and Taxation Notices were currently being mailed out and if residents had any questions they could call the finance department, 952-924-2500, stating they would be happy to answer any questions. 10. Adjournment The meeting adjourned at 8:32 p.m. �'1 ► ' Nancy Strotlt City Clerk Jeff Jo obs, VI.yor