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Home My WebLink About2008/10/20 - ADMIN - Minutes - City Council - Regular I/I St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 20, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 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), Finance Director (Mr. DeJong), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Planner (Mr. Fulton), Assistant Finance Director (Mr. Swanson), Director of Inspections (Mr. Hoffman), Facilities Maintenance Supervisor (Mr. Altepeter), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). Others present: Bruce Kimmel, Ehlers &Associates. 2. Presentations — None 3. Approval of Minutes 3a City Council Minutes September 15, 2008 It was noted on page 12, item #9, the last paragraph, should state: "... in favor of Dale Petit..." It was noted on page 11, item #8d, the fifth paragraph, should state: "Councilmember Paprocki stated he was frustrated that they were getting solicited to support a project and its funding that was a lower priority than other projects that were not getting funded." 3b. City Council Special Study Session Minutes October 6, 2008 It was noted on page two, item #2, the third paragraph, first sentence should state: "Councilmember Finkelstein asked about walking distances on the map they were utilizing." It was noted on page two, item #2, the fifth paragraph, should state: "Councilmember Sanger stated she could not differentiate between city sidewalks and neighborhood sidewalks and suggested that all the sidewalks be treated similarly." It was noted on page two, item #e, the eighth paragraph, should state: "... taking a position of the City not shoveling the sidewalks." City Council Meeting -2- October 20, 2008 3c. City Council Minutes October 6, 2008 It was noted on page 6, item #8a, the third paragraph, should state: "...parcels in the R-1, R-2, R-3 and R-4 districts..." 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. 08-129, Suspending Collection of Local Gambling Tax for 2009. 4b. Approve Temporary On-Sale Intoxicating Liquor License for B'nai Emet Women's League. 4c. Approve and Authorize Purchase Agreement for 5724 Goodrich Avenue. 4d. Approve and Authorize Purchase Agreement for 3764 Wooddale Avenue. 4e. Approve Proclamation for Minnesota Manufacturer's Week. 4f. Adopt Resolution No. 08-130, Special Assessment Sewer Service Line Repair 3225 Hampshire Ave S. 4g. Approve for Filing Vendor Claims. 4h. Approve for Filing Housing Authority Minutes September 10, 2008. 4i. Approve for Filing Planning Commission Minutes September 17, 2008. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0-1. Councilmember Omodt abstained from item 4a because of a potential conflict. 5. Boards and Commissions - None 6. Public Hearings 6a. Ordinance for Vacation of a Portion of a Drainage and Utility Easement at 4210 28th Street West Mr. Fulton presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. City Council Meeting -3- October 20, 2008 It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve First Reading of Ordinance approving the vacation of a portion of a drainage and utility easement at 4210 26th Street West, contingent upon the applicant providing a replacement easement, and setting the second reading of the proposed ordinance for November 3, 2008. The motion passed 7-0. 6b. Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, False Alarms and Other Miscellaneous Charges Mr. Swanson presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki; to approve Resolution No 08-131, Assessing Delinquent Water, Sewer, Storm Sewer, Refuse and Other Fees and Charges. The motion passed 7-0. 6c. 2009 Budget and Property Owner Service Charges for Special Service District No. 1 Mr.Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basil!, seconded by Councilmember Paprocki, to approve Resolution No. 08-132, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6d. 2009 Budget and Property Owner Service Charges for Special Service District No. 2 and the extension of the Special Service District No. 2 through 2018 Mr.Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. City Council Meeting -4- October 20, 2008 It was moved by Councilmember Basil, seconded by Councilmember Sanger, to approve Resolution No. 08-133, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6e. 2009 Budget and Property Owner Service Charges for Special Service District No. 3 Mr.Altepeter 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 Resolution No. 08-134, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6f. 2009 Budget and Property Owner Service Charges for Special Service District No. 4 Mr. Altepeter presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basil!, seconded by Councilmember Sanger, to approve Resolution No.08-135, setting the 2009 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ordinance Amending Sections of Chapter 6 — Building and Regulations and Chapter 8 Business and Contractor Licensing Mr. Hoffman presented the staff report. City Council Meeting -5- October 20, 2008 Councilmember Paprocki asked if the decal requirement would apply to pizza delivery vehicles. Mr. Hoffman stated no. Councilmember Omodt asked if the renewal re-inspection after a year would be a full inspection. Mr. Hoffman stated no, it would be a quick re-inspection walk through. Councilmember Omodt asked if the license could transfer from owner to owner for a massage therapy businesses. Mr. Hoffman stated if there is a change in ownership mid- license term, they would need to reapply. Councilmember Sanger asked what would happen if a business owner is renting space from a property owner who is delinquent on their property taxes. Mr. Hoffman stated it could result in suspension of the business license. Councilmember Sanger asked what the requirement was for owners of vacant property notifying the City that it's vacant. Mr. Hoffman indicated the ordinance states that if a property is not owner occupied for more than 6 months and not licensed, they would be subject to criminal prosecution. Councilmember Finkelstein stated he was pleased to see the rental license requirements extend to condos and townhomes. Councilmember Basill asked about the charge for duplexes where one side is owner occupied. Mr. Hoffman stated it would be charged as a single-family unit. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki; to adopt First Reading of Ordinance amending Section 6-179 and several sections in Chapter 8 relating to Business and Contractor Licensing and set second reading for November 3, 2008. The motion passed 7-0. 8b. St. Louis Park Emergency Program (STEP) Conditional Use Permit Mr. Fulton presented the staff report. Ms. Olson, STEP, thanked the City for their support in allowing their four-year temporary location use. Councilmember Sanger asked Ms. Olson if they would consider a 7 p.m. cut off time for truck traffic. Ms. Olson indicated that would be fine. Councilmember Omodt asked what the distance would be to the next bus route. Mr. Fulton indicated the closest stop would be the Minnetonka Boulevard that is approximately a quarter mile away. City Council Meeting -6- October 20, 2008 Philip Hogland, 2716 Vernon Avenue South, stated he was very supportive of the project. Mr. Mike Beer, 2600 Vernon, stated he was disappointed it would not be located closer to a bus stop and urged STEP to make every effort to try and get a bus stop closer to such a facility. He also stated he has noticed motorized vehicles using the trail and suggested they look at adding concrete bollards. Mayor Jacobs suggested they keep in mind easy access for wheel chair and stroller use. Councilmember Paprocki noted that the trail was created wider to allow police access, and to work with police when locating the bollards. Mr. Lee Carlson, 2631 Vernon, stated concern with the primary parking being off Utica, voicing noise and traffic concerns. He further stated his disappointment in the fact that STEP did not look into using a vacant warehouse rather than creating another building. Councilmember Basill noted that they have previously been located in R-2 neighborhoods and were great neighbors. Mr. Al Krogh, 2600 Utica, stated concern with so many trees being eliminated. Mr. Fulton stated they will be attempting to save as many trees as possible, and that all caliper inches would be replaced under the tree replacement plan on the site. Councilmember Sanger stated it may not be an ideal site for STEP, further stating they had been looking for a site for over four years,working diligently to meet everyone's needs. It was moved by Councilmember Sanger, seconded by Councilmember Basil!, to adopt Resolution No. 08-137, approving a Conditional Use Permit for excavation of over 400 cubic yards of aggregate material at 2544 State Highway 100 with modification to item 3a, stating between the hours of 7 p.m. and 7a.m. weekdays, and 7 p.m. and 9 a.m. on weekends. Councilmember Finkelstein noted that STEP is being forced to vacate their current temporary location so improvements could be made to the Highway 7 / Wooddale interchange. The motion passed 7-0. 8c. Call for Sale of General Obligation Revenue Bonds Mr. Dejong presented the staff report. Mr. Kimmel, Ehlers &Associates, presented highlights of the presale report. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to adopt Resolution No. 08-138, providing for Sale of $4,075,000 G.O. Utility Revenue City Council Meeting -7- October 20, 2008 Bonds (MSC), Series 2008A and $5,625,000 G.O. Tax Increment Revenue Bonds, Series 2008E(Park Place Blvd). The motion passed 7-0. 9. Communications Mayor Jacobs stated that on Wednesday, October 22nd the Twin West Business Council would be sponsoring a bon fire and cook-out at the Wolf Park Professional Center from 5 p.m. to 8 p.m. Mayor Jacobs also stated that Tuesday, October 28th is Community Give Back Day at the Park Double Tree at 11:30 a.m. Mayor Jacobs reminded everyone that November 4th is Election Day, further stating those not registered to vote could contact the City Clerk's Office or the League of Minnesota Voters. 10. Adjournment The meeting adjourned at 8:42 p.m. 411 Nancy Stroth, City Clerk Jeff`cobs, ayor