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
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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