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HomeMy WebLinkAbout2009/02/17 - ADMIN - Minutes - City Council - Regular iffSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA FEBRUARY 17, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt and Susan Sanger. Councilmembers absent: C. Paul Carver and Loran Paprocki. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Housing Program Coordinator (Ms. Larsen), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Planner (Mr. Fulton), Assistant Zoning Administrator (Mr. Morrison), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt). 2. Presentations — None 3. Approval of Minutes 3a. City Council Special Study Session Minutes January 20, 2009 The minutes were approved as presented. 3b. City Council Minutes January 20, 2009 It was noted on page five, item#8a, second sentence should state: "Mr. Fulton stated the Inspection Department monitors this and has found no issues." The minutes were approved as amended. 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 Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity Parish, 4017 Utica Avenue South, for a Fish Fry Event to be held on March 6 and March 20, 2009. City Council Minutes -2- February 17, 2009 4b. Approve the following resolutions: Resolution No. 09-029 in support of a Federal Appropriation for a Glencoe Railroad Switching Yard Mitigation Project in Glencoe, Minnesota; Resolution No. 09-030 in support of a Federal Appropriation for Trunk Highway 7/Louisiana Avenue Interchange Improvements; and Resolution No. 09-031 in support of a Federal Appropriation for Trunk Highway 100 & Interstate 394/Xenia Avenue/Park Place Boulevard Collector-Distributor Road Improvement Project. 4c. Approve Change Order No. 1 to Contract 138-08 - Water Project — Water Treatment Plant No. 8 Rehabilitation - Project 2006-2000. 4d. Adopt Resolution No. 09-032 authorizing final payment in the amount of $8,085.21 for the sidewalk, curb and gutter maintenance project — Project Nos. 2007-0003, 2008-0004, & 2007-0004 with Quality Restoration Services, Inc., Contract No. 187-07. 4e. Delay Publication of Ordinance 2371-09 Creating Special Service District No. 5 and to Schedule another Public Hearing for March 2, 2009; and to Adopt Resolution No. 09-033 rescinding Resolution 09-021 imposing a Service Charge for Special Service District No. 5 and to Schedule another Public Hearing for March 2, 2009. 4f. Approve for Filing Police Advisory Commission Minutes January 7, 2009. 4g. Approve for Filing Fire Civil Service Commission Minutes June 8, 2008. 4h. Approve for Filing Housing Authority Minutes January 14, 2009. 4i. Approve for Filing Vendor Claims. 4j. 2009 Budget Contingency Plan. Councilmember Sanger requested that the tabled second reading of the Zoning Ordinance Amendment for Educational and Religious Uses in Residential Zoning Districts be added to the regular agenda as item 8d for further discussion. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve the Agenda as amended and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions - None 6. Public Hearings 6a. CDBG Public Hearing to Consider Allocation of 2009 Grant Year Community Development Block Grant (CDBG) Funds Resolution No. 09-034 Ms. Larsen presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. Mayor Jacobs closed the public hearing. City Council Minutes -3- February 17, 2009 Councilmember Sanger disclosed that she was a member of the Board of Directors of Wayside House. Councilmember Omodt stated he still has a concern with the parking lot repair at Wayside House, further stating he felt it would not be an appropriate use of funds. Councilmember Sanger stated the parking lot gets used on a daily basis and also stated that the main reason Wayside House planned to move was because the City had other zoning considerations. Councilmember Omodt stated that since all the spaces were not being used, there would not be a need to resurface the entire lot, which could allow for more green space. He further stated he could not justify replacing something that is only there temporarily. Councilmember Finkelstein stated that according to the staff report, it appears that if the 2009 allocation were reduced, Wayside House would be the first reduction. Ms. Larsen stated that is correct. Councilmember Finkelstein stated concern with making repairs for Wayside House, since they are not planning to stay there long term. Mr. Locke stated staff was aware of the fact that they may not be there long term and felt the investment would not be lost. He indicated the parking lot size is a legitimate concern, and that it may be more costly to reduce the size of the parking lot versus maintaining what they already have. Ms. Larsen stated that by not funding the full amount, they would be patching only as necessary. She also suggested an option of monitoring the parking lot and perhaps fund it next year if it degraded more. Ms. Larsen stated they could then use the money they had set aside for this project to fund the Single Family Repair Grant and Low Income Deferred Loans. Councilmember Basill asked what the time frame was on the grant. Ms. Larsen stated the Hennepin County application needs to submitted next week. It was moved by Councilmember Sanger, seconded by Councilmember Basil!, to adopt Resolution No 09-034 approving proposed use of fiends for 2009 Urban Hennepin County Community Development Block Grant funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. Councilmember Basill noted that he seconded for point of discussion. He stated that with the motion as proposed, he wasn't sure it would pass and suggested they go with Ms. Larsen's suggestion, allowing the rest of the funds to pass. City Council Minutes -4- February 17, 2009 Mayor Jacobs asked what would happen if the motion fails. Mr. Locke stated they needed to have a resolution for the other funds. Councilmember Finkelstein asked if they could approve a portion of the proposed use of the funds. Mr. Locke stated they could, but would prefer approval for the full amount, putting the funds in question into the Single Family Rehab Funds. He stated that if they came back and reallocated, another public hearing would be required. Councilmember Finkelstein indicated the need to study and create a policy on which non- profit organizations to assist and the appropriate levels of support the City should provide. Mr. Locke asked if this would be for future years. Councilmember Finkelstein stated that is correct. Councilmember Sanger stated she agreed with the policy discussion, further stating she did not want to jeopardize the rest of the grant recipients' funding. Councilmember Finkelstein asked if Councilmember Sanger would accept a friendly amendment accepting the $203,450 and not include the Wayside House. Councilmember Sanger stated she felt that specifics were needed for the allocation funding. Mayor Jacobs stated the suggestion was they could apply the $21,950 to the Single Family Housing fund. Councilmember Sanger stated she would prefer they voted first on the proposal presented by staff and if that were to fail, then amend the motion. Councilmember Basill clarified what the motion would be, stating they would vote, with a separate motion that would allow them to allocate the Wayside funds to the Single Family Housing fund and request the full amount. He further stated they would discuss the policy at a future study session. Councilmember Finkelstein stated the first motion should be the staff proposed motion. The motion failed 2-3. (Councilmember Finkelstein, Councilmember Omodt, Councilmember Basil!opposed) It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to adopt Resolution No 09-034 approving proposed use of funds for 2009 Urban Hennepin County Community Development Block Grant funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements as City Council Minutes -5- February 17, 2009 amended. The amended resolution reflects that the proposed Wayside House allocation is deleted and the amount added to the Single Family Emergency Rehab Program and Low Income SF Deferred Loan Program. The motion passed 5-0. 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 3555 State Highway 100 Boardwalk Center — Conditional Use Permit (CUP) for Fill Resolution No. 09-035 Mr. Fulton presented the staff report. Councilmember Sanger asked if there would be a safe way for bike access from 36th Street across the ramp. Mr. Fulton stated yes. Councilmember Finkelstein asked if they would be giving up adding an additional building. Mr. Fulton stated the developers could still add another building in the future, but it would require an additional CUP. Councilmember Basill asked if they were to build another building, would this be the only entrance. Mr. Fulton advised this would be the primary entrance. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 09-035 approving a Conditional Use Permit for fill for property at 3555 State Highway 100. The motion passed 5-0. 8b. Conditional Use Permit (CUP) for Excavation of Parking Lot at 6560 23rd Street West Resolution No. 09-036 Mr. Morrison presented the staff report. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to adopt Resolution No. 09-036 approving a Conditional Use Permit to remove approximately 800 cubic yards of material for the construction of a parking lot, with conditions as recommended by staffand the Planning Commission. The motion passed 5-0. City Council Minutes -6- February 17, 2009 8c. Resolution Setting Utility Rates Resolution No. 09-037 Mr. Dejong presented the staff report. Councilmember Basill and Councilmember Finkelstein commended staffs work relating to the water usage. It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to adopt Resolution No. 09-037 setting Utility Rates. Councilmember Omodt asked if they would be offering any type of educational programs to encourage the community to conserve water. Mr. Dejong stated the Communications Coordinator will be offering promotional materials, as well as information on the website. Councilmember Sanger stated it also helps to promote more recycling. The motion passed 5-0. 8d. Approve the Second reading of the Zoning Ordinance Amendment for Educational and Religious Uses in Residential Zoning Districts Ordinance No. 2372-09 Councilmember Sanger stated that Council has had further discussion and made modifications, streamlining the proposed ordinance, to allow schools with 21 or more students and religious institutions by Conditional Use Permit in all residential zoning districts. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to waive second reading and adopt Ordinance No. 2372-09 amending the zoning ordinance relating to educational and religious uses in the residential zoning districts and approve the summary ordinance for publication. Mayor Jacobs noted that Councilmember Carver and Councilmember Paprocki were aware this item was being taken off the table and agreed with its approval. The motion passed 5-0. 9. Communications Mayor Jacobs reminded everyone of the Reading Week event at Aquila on March 5t'. Mayor Jacobs also stated that the STEP Empty Bowls Fundraiser would be Thursday, March 5th at the Rec Center from 11:00 a.m. —2:00 p.m. for lunch and from 4:30 p.m. —7:00 p.m. for dinner. City Council Minutes -7- February 17, 2009 10. Adjournment The meeting adjourned at 8:20 p.m. 4 Nancy Stroth, City Clerk Jeff JaVbs p ayo t,