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HomeMy WebLinkAbout2009/11/16 - ADMIN - Minutes - City Council - Regular I/I St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 16, 2009 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, Paul Omodt, and Loran Paprocki Councilmembers absent: Phil Finkelstein and Susan Sanger. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Finance Manager (Mr Swanson), City Clerk (Ms. Stroth), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Assistant Planner (Mr. Fulton), and Recording Secretary (Ms. Wirth). 2. Presentations — None 3. Approval of Minutes 3a. City Council Study Session Minutes of October 26, 2009 The minutes were approved as presented. 3b. Special City Council Minutes of October 26, 2009 The minutes were approved as presented. 3c. Closed Executive Session Minutes of October 26, 2009 The minutes were approved as presented. 3d. Special Study Session Minutes of November 2, 2009 The minutes were approved as presented. 3e. City Council Minutes of November 2, 2009 The minutes were approved as presented. City Council Meeting -2- November 16, 2009 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. 09-153 authorizing the special assessment for the repair of the sewer service line at 6216 Cambridge Street, St. Louis Park, Minnesota. 4b. Adopt Resolution No. 09-154 authorizing final payment in the amount of $15,601.51 for the 2009 City Sealcoat Project with Allied Blacktop Company accepting work on contract sealcoating, Project No. 2009-0001, City Contract No. 82-09. 4c. Approve Change Order No. 3 to Contract 72-08 - Street Project — Park Place Boulevard— Project No. 2007-1101. 4d. Adopt Resolution No. 09-155 authorizing Final Payment in the Amount of $35,566.70 for paving of a trail, parking lots and courts at Fern Hill Park, City Project No. 2008-0070, Contract No. 119-08. 4e. Adopt Resolution No. 09-156 approving continued participation in the League of Minnesota Cities Insurance Trust (LMCIT) Worker's Compensation Program for the insurance renewal period December 1, 2009—November 30, 2010. 4f. Approve for Filing Vendor Claims. 4g. Approve for Filing Police Advisory Commission Minutes September 2, 2009. It was moved by Councilmember Carver, seconded by Councilmember Omodt, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 5-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing— 2010 Liquor License Fees Resolution No. 09-157 Ms. Stroth presented the staff report and provided a brief review of the 2010 fee study. It was noted fees had not increased since 2001, the proposed 2010 fees were mid-range to other comparably sized cities, and conservative in recapturing the City's licensing and enforcement costs. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. City Council Meeting -3- November 16, 2009 Councilmember Paprocki questioned the rationale for the increase in the out-of-state new license fee from $1,000 to a maximum of$10,000. Ms. Stroth explained the out of state background fee reflects State Statute language and would allow the city to recapture actual costs involved with those types of investigations. She also indicated the city very seldom has out of state applicants. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to adopt Resolution No. 09-157 adopting 2010 liquor license fees for the license term March 1, 2010 through March 1, 2011 pursuant to MS.A.Ch. 340A and section 3-59 of the St. Louis Park City Code. The motion passed 5-0. 6b. Public Hearing and Resolution Approving and Authorizing Issuance of Park Nicollet Private Activity Revenue Refunding Bonds Resolution No. 09-158 Mr. Hunt presented the staff report and request of Park Nicollet to replace the variable rate portion of private activity bonds issued in 2008 with new fixed rate debt. The draft resolution authorizes issuance of private activity revenue bonds not to exceed $215 million, approves bond documents, and delivery of bonds to the purchaser. This would not be an obligation of St. Louis Park, affect the ability of the City to issue bonds, nor impact its bond rating. Mayor Jacobs noted the City charges a one-eighth of 1% fee on the outstanding principal balance. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Carver, to adopt Resolution No. 09-158 of the City Council of the City of St. Louis Park, Minnesota, authorizing the issuance, sale, and delivery of its Health Care Facilities Revenue Refunding Bonds for the benefit of Park Nicollet Health Services, Park Nicollet Methodist Hospital, Park Nicollet Institute, Park Nicollet Clinic, PNMC Holdings, and Park Nicollet Health Care Products, payable solely from revenues pledged pursuant to the indenture; approving the form of and authorizing the execution and delivery of the Health Care Facilities Revenue Refunding Bonds and related documents; and providing for the security, rights, and remedies with respect o the health care facilities revenue refunding bonds under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. The motion passed 5-0. 7. Requests, Petitions, and Communications from the Public— None City Council Meeting -4- November 16, 2009 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Wooddale Pointe — Major Amendment to Planned Unit Development Resolution No. 09-159 and Resolution No. 09-160 Mr. Morrison presented the staff report and noted the amendment to the Wooddale Pointe Planned Unit Development (PUD) will result in a reduction of the number of dwellings from 156 to 115, increase commercial space by 750 square feet, and improve the parking ratio. In addition, off-street parking spaces increase from the approved 50 to 62 under the amendment. The applicant has also asked that the final plat be restated and amended to extend recording of the plat to December 31, 2011. Brent Rogers, Greco Real Estate Development, 129 North 2nd Street, indicated they still intend to have neighborhood retail such as an organic grocery store, deli, or similar use. However, no leases have been signed. Councilmember Basill stated the density reduction and improved parking ratios are welcome but the City needs to be sensitive to neighborhood concerns and potential for parking to overflow into single-family neighborhoods, especially as light rail comes along the corridor. If there is a neighborhood station, the City needs to assure protection of single-family homes and the use of parking permits so homes are not devalued. Hanna Barker, representing the Elmwood Neighborhood, stated their neighborhood met last week to review the plans and expressed concern about traffic, especially with the light rail proposal. She questioned the location of parking lot access points onto 36th Street and Wooddale Avenue and on-street parking. Mr. Morrison used an overhead slide to point out the access points from the parking lot and described the on-street parking spaces along Wooddale Avenue, 36th Street, and Yosemite Avenue. Ms. Baker thanked staff for clarifying the plan and asked the Council to address the entire area considering the development density. Mayor Jacobs announced that the Wooddale Avenue bridge will be closing on November 23, 2009. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 09-159 amending and restating Resolution No. 08-120 adopted on September 15, 2008 approving a final Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code relating to zoning for property zoned MX—Mixed Use located at 3601 Wooddale Avenue South, and to adopt Resolution No. 09-160 amending and restating Resolution No. 08-119 adopted on September 15, 2008 giving Approval for Final Plat of Wooddale Pointe with Easement Variances. Councilmember Basill stated the City needs to be aware of the neighborhood's concerns as this busy corridor is developed, and to assure density, scale, and scope fit going forward. He mentioned the signs installed as part of the American Recovery and Investment Act, which City Council Meeting -5- November 16, 2009 involved both federal and City dollars. Ms. McMonigal noted the City had conducted a number of traffic studies on 36th Street and talked about doing another study once the bridge is open and operating to determine impacts to the corridor and see if changes are warranted The motion passed 5-0. 8b. Galaxy Drive In — Comprehensive Amendment and Rezoning Resolution No. 09-161 Mr. Fulton presented the staff report and reviewed the applicant's request for a Comprehensive Plan Land Use Map amendment and rezoning from Single-Family Residential to Neighborhood Commercial. The request is for two parcels, including the Galaxy Drive-In parcel and adjacent lot that currently contains a single-family home. The applicant is seeking to remove the home and build a parking lot to accommodate 22 cars. If approved, the applicant will need to apply for a plat to combine the two properties and Conditional Use Permit (CUP), which is required for drive-in use. Mr. Fulton stated the Planning Commission has reviewed the applicant's requests and, on a 3-2 vote, is recommending approval subject to the conditions noted. If the Comprehensive Plan Amendment and first reading of the Zoning Map amendment are approved, the second reading of the Zoning Map amendment would be prepared for the Council's consideration at the December 7th meeting. Councilmember Paprocki questioned the timing for final plat consideration. Mr. Fulton estimated it would take several months and take place after January 1, 2010. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No. 09-161, approving an amendment to the Comprehensive Plan 2000 to the year 2020 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462 364 to amend the map for 3715 Rhode Island Ave. S. and 3712 Quebec Ave. S from Low Density Residential to Commercial, and approve summary for publication; and to approve first reading of an ordinance rezoning property at 3715 Rhode Island Avenue S. and 371 Quebec Avenue S. from R-2 Single Family Residential to C-1 Neighborhood Commercial, and set second reading for December Z 2009. Councilmember Paprocki stated he understands the concerns expressed at the Planning Commission meeting, however, thinks it is the best solution to have this house removed and the lot used as a parking lot. He indicated the new Council will have to assure landscaping is adequate to protect neighbors and parking is handled appropriately. Councilmember Carver concurred and suggested an adequate buffer be created between the houses and parking lot as opposed to having a wider buffer with trees between the parking lot and Highway 7 frontage road. Mayor Jacobs agreed that buffering the neighborhood is needed to ease transition with noise and lights. City Council Meeting -6- November 16, 2009 Joyce Saabye, 3719 Rhode Island, stated she lives next to the subject site and would like more of a buffer. She explained the drive-in opened in July and caused parking problems during the summer months. Ms. Saabye stated this parking lot may ease some of the parking issues, but she felt parking problems would remain in front of her property and on Quebec Avenue. Mayor Jacobs stated parking can be enforced and, hopefully, this plan will ease on-street parking problems and increase pedestrian safety. Councilmember Paprocki stated it is untenable to leave parking as it currently exists, and agreed with Councilmember Carver that buffering can be improved. He encouraged Ms. Saabye to stay engaged in the discussion. Steve Schussler, 3216 Gettysburg Avenue South, applicant, stated he has been a resident for 27 years and would do whatever was necessary, with the City's help, to address the concerns being expressed. The motion passed 5-0. 8c. Denial of On-Sale Intoxicating Liquor License with Sunday Sales — El Gordo Uno, Inc. Resolution No. 09-162 Mr. Scott explained that at the last meeting a liquor license application was considered, a public hearing held, and the Council directed the City Attorney to prepare findings of fact and decision for denial. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to adopt Resolution No. 09-162, adopting Findings of Fact and Decision denying the application for an on-sale liquor license by El GordoUno, Inc. dba El Gordo Mexican Restaurant located at 8140 Highway 7 The motion passed 5-0. 9. Communications Mayor Jacobs congratulated Councilmembers Elect Julia Ross, Sue Santa and Anne Mavity. He complemented all City Council and School Board candidates for conducting an election that was friendly, civil, and addressed a vision for the future and challenges to be faced. Councilmember Omodt congratulated the U11 C3 girl's soccer team for wining the State championship. City Council Meeting -7- November 16, 2009 10. Adjournment The meeting adjourned at 8:10 p.m. I Nancy Stroth, City Clerk Jeff Jacob ; Mayo