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Home My WebLink About2008/12/01 - ADMIN - Minutes - City Council - Regular IISt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA DECEMBER 1, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:35 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: Phil Finkelstein Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Police Chief(Mr. Luse), Police Lieutenant (Ms. Dreier), Fire Chief (Mr. Stemmer), Finance Director (Mr. DeJong), Assistant Finance Director (Mr. Swanson), Communications Coordinator (Mr. Zwilling), City Assessor (Mr. Bultema), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal) Senior Planner (Mr. Walther), Director of Inspections (Mr. Hoffman) and Recording Secretary (Ms. Schmidt). Guests: Todd Miller, IACP Chair. Boy Scout Troop 282 led the Pledge of Allegiance. 2. Presentations 2a. 2008 IACP Community Policing Award Chief Luse introduced Todd Miller, Chair of the IACP (International Association of Chiefs of Police) Community Policing Committee. Mr. Miller explained the program and expressed appreciation for the hard work the Police Department, City departments, businesses and residential communities have done implementing and addressing the proliferation of graffiti in the community and presented Mayor Jacobs with the 2008 IACP Community Policing Award. 2b. Retirement Recognition for Cindy Wetzel Mayor Jacobs read the Resolution recognizing and thanking Cindy Wetzel for her great contributions and 21 years of service with the police department. 3. Approval of Minutes 3a. Special Study Session Minutes October 20, 2008 The minutes were approved as presented. City Council Meeting -2- December 1, 2008 3b. City Council Minutes October 20, 2008 The minutes were approved as presented. 3c. Study Session Minutes October 27, 2008 The minutes were approved as presented. 3d. Closed Executive Session November 3, 2008 The minutes were approved as presented. 3e. Special Study Session November 3, 2008 The minutes were approved as presented. 3f. City Council Minutes November 3, 2008 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. Approve Second Reading of Ordinance to amend the St. Louis Park Home Rule Charter: Table of Contents, Chapters 3, 5, and Index and set publication (7 affirmative votes required). 4b. Adopt Second Reading of Ordinance No. 2364-08 amending Section 32-38 of the City Code, approve summary, and authorize publication. 4c. Approve S & S Tree and Horticulture, Inc. as the 2009 Boulevard Tree Pruning Contractor. 4d. Amend Contract No. 118-08 from the original fire suppression sprinkler special assessment of$71,785.00 and administrative fee of$359.00 to a revised amount of $89,026.00 and administrative fee of$445.13 at 4838-4850 35th Street, St. Louis Park, MN. 4e. Adopt Resolution No. 08-148 to recognize Cindy Wetzel's retirement after 21 years of service to the City of St. Louis Park. 4f. Approve the Public Improvement and Special Assessment Agreement and authorize the Mayor and City Manager to execute the agreement. 4g. Approve Resolution No. 08-149 authorizing a gambling Premises Permit for Hopkins Raspberry Festival Association, Inc., operating at Laredo's, 4656 Excelsior Boulevard. City Council Meeting -3- December 1, 2008 4h. Approve Contract with Short Elliott Hendrickson, (SEH), Inc. for engineering consulting services for the Highway 7 / Louisiana Avenue Interchange Project - Project No. 2012-0100. 4i. Approve Resolution No. 08-150 accepting donations from John and Elsa Selover in the amount of $500 and David and Maura Mitchell in the amount of $100 for restoration of the 1928 American LaFrance fire truck. 4j. Approve Resolution No. 08-151 authorizing final payment in the amount of $18,758.35 for the 2008 City Sealcoat Project - Project No. 2008-0001 with Pearson Brothers, Inc., City Contract No. 88-08. 4k. Approve Resolution No. 08-152 authorizing final payment in the amount of $3,633.50 for the 2007 Reclaiming and Repaving the Trail System in Carpenter Park Project - Project No. 20070170 with Midwest Asphalt Corporation, City Contract No. 48-08. 41. Recognition of 2008 Savvy Award. 4m. Approve for filing Planning Commission Minutes November 5, 2008. 4n. Approve for filing Vendor Claims. Mr. Harmening requested Item No. 4a be removed and placed on the December 15, 2008 Council Agenda, stating it would require all seven Council votes for approval. It was moved by Councilmember Carver, seconded by Councilmember Paprocki, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Truth-in-Taxation Public Hearing on 2009 Budget and Property Tax Levy Mr. DeJong presented the staff report. Mayor Jacobs opened the public hearing at 8:13 p.m. George Murray, Ottawa Avenue, questioned the increase as a comparison to what services the City is providing. He further stated he couldn't see the justification in money spent for projects being done by the City, and used Fernhill Park as an example, further asking the cost involved, why the park was being reconstructed, and who requested it. Mayor Jacobs stated the community made the request. Councilmember Sanger stated the cost was in the vicinity of$500,000. She further stated Fernhill Park was being redone because of the drainage issues, the need for proper maintenance updating and the various community requests for new kinds of services and City Council Meeting -4- December 1, 2008 improvements to the park. Councilmember Sanger stated the neighborhood was notified and several community meetings were held for their input on the new design. Mr. Murray stated concern with the park not being completed and frustration over the recent WiFi endeavor. Mayor Jacobs stated if he wanted to blame someone, blame him. Mr. Murray reiterated his frustration with the increases and questioned if the community was really aware that it would affect their taxes. Mayor Jacobs invited him to look at the City budget and tell the Council what he would have them not do. Mr. Murray stated they shouldn't do the entire park,just the necessary items and asked if the projects are paying for themselves or increasing City revenue. Mayor Jacobs stated the projects are increasing City revenue. He further stated that nothing in the City is done unless the community asks for it, stating the citizens know those requests come at a cost. Councilmember Carver suggested Mr. Murray attend the community meetings to offer his suggestions. Jeff Gershon, West Oak Condos, asked why his property increased so much. Mr. Bultema suggested Mr. Gershon meet with him to discuss his concerns on an individual basis. Stan Jurgensen, 2309 West Ridge Lane, reminded everyone that property taxes are higher for businesses and apartments. Mr. Jurgensen stated there were programs to assist in paying property taxes and gave examples such as increases of over 12%, low income not making enough money to pay property taxes, and State paid loans for seniors. Karen Pere, 1408 Nevada Avenue, asked why market values have not decreased. She noted that even though property in general has gone down, it's not yet reflected on her market value. Mr. Bultema stated the media statistics are not an accurate comparison and suggested they review her case on an individual basis. Mayor Jacobs reminded everyone that tonight's discussion was on the levy and what the money is being spent on. Councilmember Paprocki stated a lot of the City's spending isn't always seen by the public and reminded everyone that a lot of the money spent is what is bought. He also reminded City Council Meeting -5- December 1, 2008 everyone that it's a continuous year round process with today's date just being the annual Truth In Taxation Hearing. Councilmember Paprocki further stated that Parks and Recreation also handles the fleet and it is being affected by the gas prices. He reminded everyone that Parks and Recreation is very well funded, partially because they benefit from Park Dedication Fees. Mayor Jacobs stated the bottom line on government was that "it doesn't get more expensive because of what it costs, it gets more expensive because of what it does." Mayor Jacobs closed the public hearing. 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ellipse on Excelsior -- Rezoning, Preliminary Plat with Subdivision Variances and Preliminary PUD (Case Nos.: 08-34-Z, 08-35-S, 08-36-PUD) Mr. Walther presented the staff report. Councilmember Basill questioned the median change at the entrance. Mr. Walther stated the median would provide a visual cue that you are entering a neighborhood. On-street parking would be restricted adjacent to the median. Councilmember Sanger commended the architect on the creative plan. She asked why staff supported to a reduction of Class I materials. Mr. Walther stated it was based on the quality of the material used, further stating the Planning Commission gave its approval. Councilmember Sanger stated concern with the fact that if they allowed a reduction from 80% for this project, others may make similar requests. She also stated concern over the shading study and asked if independent reviews were done. Mr. Walther stated staff relied on the applicant's certified study. Sue Williams, 3405 Glenhurst, stated concern with the shadow study, stating her house was designed to bring in solar heat in the winter. She further suggested the developer look at more options to help rectify her concerns. Ms. Williams also stated concern with the entrance and that there would be no value to the neighbors by having this project proceed. Dean Dovolis, Architect, gave an overview of the shadow study analysis and changes they have made to the project. Councilmember Basill asked Mr. Dovolis if they would be open to discussions with the neighborhood if they preferred the previous buffer option. Mr. Dovolis stated they would be open to either option. City Council Meeting -6- December 1, 2008 Ms. Williams stated she would rather have trees blocking the view than an entire building's shadow cast upon her property. Councilmember Omodt asked if Hardy Board was Class I or Class II. Mr. Dovolis stated by the ordinance it is considered a Class II, but esthetically it will look like a Class I. Councilmember Sanger clarified that the proposed landscaping could throw a larger shadow than the building. Mr. Dovolis stated that is correct, based on the type of tree species selected. John Snyder, 3316 Huntington, stated concern with the zoning code in which shadowing was written, further asking if they knew the provided shadow study was correct. Councilmember Sanger asked if the neighborhood had seen the updated shadow studies. John Brady stated a copy of the revised study was circulated via email to the neighborhood. He also stated after having reviewed the proposal over the weekend, he was in full support of the project. Councilmember Omodt stated Hardy Board should be a Class I material and suggested staff review the possibility of changing its classification. Councilmember Carver asked who pays for and/or provides the shadow studies. Mr. Walther stated the applicant provides a certified study. Councilmember Carver further stated he felt they should reconsider reclassifying Hardy Board. Pat Skinner, 3632 Huntington Avenue South, stated he was present to show support for the project. Paul Theisen, 3404 France, stated he was in favor of the median change and concerned with the percentage calculations the developer used for the shadow studies. He also stated he would much rather have his property shaded by trees versus a building. Ellen Anderson, 3336 Glenhurst, stated she was there to support her neighbor's concerns and pleaded with the developer to review alternatives to alleviate the shadowing concerns. Rhea Hamp thought the project would be a wonderful addition, but did state concerns with the shadowing issue. Councilmember Sanger asked Mr. Dovolis what it would take to alter the project to make significant reduction in shading for residents. Mr. Dovolis stated they have altered it as much as they could without quite an extensive cost increase. He also explained how the sun angle affects the amount of shadow that is cast, making it extremely difficult to change the design further. Councilmember Basill thanked staff, the neighborhood, and developer for their work. City Council Meeting -7- December 1, 2008 Councilmember Paprocki stated he felt this is the best proposed project they've had for the site. Councilmember Omodt agreed with Councilmember Paprocki, further stating it's the closest match they've had to the neighborhood requests. It was moved by Councilmember Basil!, seconded by Councilmember Paprocki; to approve of the first reading of an ordinance amending the Official Zoning Map to change the zoning of3409, 3413 and 3417 Glenhurst Avenue South and 3408 and 3412 France Avenue South from R4 Multiple Family Residence District to MX Mixed Use District. The motion passed 6-0. Councilmember Basill asked if they had to do all as one motion or individually. Mr. Scott stated they could do all as one motion, if wanted. Mr. Scott clarified that a super majority vote is required for the PUD. It was moved by Councilmember Basil!, seconded by Councilmember Paprocki; to approve Resolution No. 08-153, approving a Preliminary Plat with Variances from the Subdivision Ordinance for ELLIPSE ON EXCELSIOR with conditions. The motion passed 6-0. It was moved by Councilmember Basil!, seconded by Councilmember Paprocki, to approve Resolution No. 08-15, approving a Preliminary Planned Unit Development for Ellipse on Excelsior with conditions. The motion passed 6-0. 9. Communications Council sent their well wishes to Councilmember Finkelstein. 10. Adjournment The meeting adjourned at 10:30 p.m. i i ---Y?0- 7_ei „ t5tio.-.6.- MNancY Stroth, CityClerk Jeff Jacob , Mayo,