HomeMy WebLinkAbout2009/11/09 - ADMIN - Minutes - City Council - Study Session `f1 St., Louis Park OFFICIAL MINUTES
MINESOTA CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
NOVEMBER 9, 2009
The meeting convened at 6:24 p.m.
Councilmembers present: Mayor Pro Tern Susan Sanger, John Basill, Phil Finkelstein, and Paul
Omodt.
Councilmembers absent: Mayor Jeff Jacobs, C. Paul Carver, and Loran Paprocki.
Staff present: City Manager (Mr. Harmening), Planning/Zoning Supervisor (Ms. McMonigal), City
Engineer (Mr. Brink), Fire Chief (Mr. Stemmer), Senior Planner (Mr. Walther), Director of
Inspections (Mr. Hoffman), Deputy Chief (Mr. DiLorenzo), Communications Coordinator (Mr
Zwilling), and Recording Secretary (Ms. Hughes).
Guest: J. Forrest, Employee Strategies, Inc.
1. Future Study Session Agenda Planning— November 23, 2009
Mr. Harmening presented the proposed study session agenda for November 23, 2009. He noted
that with respect to the Highway 100 and Utica Avenue project, he invited all state representatives to
attend as well as Peggy Leppik from the Met Council. All have confirmed their attendance on
November 23.
Mayor Pro Tern Sanger stated that some residents from Utica Avenue may be in attendance as well.
Councilmember Omodt stated he recently spoke with the Hennepin County Sheriff and the Sheriff
indicated that he felt it would be worthwhile for him to attend a City Council meeting to discuss the
Sheriff's Department's relationship with the City.
It was the consensus of the City Council to invite the Hennepin County Sheriff and the Hennepin
County Attorney to attend a City Council meeting sometime after the new Councilmembers are
seated in 2010.
2. City Manager's 2009 Performance Evaluation (with Consultant)
Mr. Harmening introduced consultant J. Forrest who has been selected to facilitate the City
Manager's performance evaluation for 2009.
Mr. Forrest presented an overview of the process to be used by the City Council for the City
Manager's performance evaluation. He indicated that all feedback will be due on November 25th
and requested it be as specific as possible. He indicated that the City Manager's self-evaluation will
be provided to the City Council for its review, and all department directors are being asked to
complete the feedback form as well.
Study Session Minutes -2- November 9, 2009
Mr. Forrest stated that he will meet with Mr. Harmening on December 7th to go over the results;
following that, the Council will meet in closed session on December 14`h to discuss the results and
the Mayor will present a culmination of the report to the City Council on December 215`
3. Future Planning Studies
Ms. McMonigal presented the staff report and stated the Comprehensive Plan identifies a number of
areas in the City that deserve future study, including the Southwest LRT (SWLRT) station areas,
commercial nodes and corridors, and transportation corridors. She stated that with respect to the
station areas, staff identified additional work to be completed, particularly in relation to access and
circulation in the City. She stated that the Urban Land Institute recently held a day long workshop
with all cities which included a presentation by Architect and Urban Planner Ken Greenberg. At
that workshop, Hennepin County Commissioner McLaughlin suggested making this corridor a
Community Works project with the County. She stated this designation allows the project to
provide some planning and bonding assistance for infrastructure. She indicated that staff will focus
on access and circulation around these corridor areas.
Mayor Pro Tem Sanger stated that earlier discussions included the need for a circulator bus or some
other means to get people to the station. She asked if this would be encompassed in the Community
Works process.
Ms. McMonigal replied in the affirmative and added it appears that all of the cities and agencies are
willing to commit staff time to this process. She added they may also pursue some corporate
funding.
Mayor Pro Tem Sanger asked if there is any way to incorporate the Community Works process into
helping build the Louisiana Avenue interchange.
Ms. McMonigal stated it is worth asking.
Councilmember Finkelstein stated it will be important to follow up further on all available funding
sources and that parking and zoning issues need to be reviewed as well
Ms. McMonigal agreed to keep the City Council updated as this work progresses She then
presented an overview of the areas identified for study in the commercial nodes and corridors. She
stated that the Lake Street area from Louisiana to Wooddale Avenues has been identified as the top
priority primarily because of the Wooddale Avenue/Highway 7 Bridge and the City's interest in
encouraging redevelopment in the area, including some potential streetscape improvements.
Councilmember Omodt stated he felt that item B-4 (Wayzata Boulevard south of I-394; Excelsior
Boulevard east of Quentin; Excelsior Boulevard west of Hwy 100) should be higher on the list of
priorities and added this area appears to be a much more attractive area for development.
Study Session Minutes -3- November 9, 2009
Ms. McMonigal stated in looking at the roadway projects and development activities going on in the
area, item B-2 (Louisiana and Cedar Lake Road) was identified as an area where both of the
roadways were recommended for study as part of the long range traffic study.
Councilmember Finkelstein expressed concern about the traffic gridlock on Excelsior Boulevard and
felt this area should be studied sooner rather than later. He stated that the traffic issues behind
Trader Joe's have not been resolved, and asked that a traffic study be completed for the
Excelsior/Grand Avenue area.
Councilmember Basill stated that an updated traffic study may be warranted for this area to
determine if additional land can be obtained for parking.
Mr. Harmening stated that parking enforcement would require the City to devote resources by
having a squad car in the area to make sure drivers keep moving. He added he felt there is enough
parking available, but the parking spaces are not being used. He suggested having staff review the
issue from an engineering perspective and to come back to the Council with an updated report that
looks specifically at the areas between Meridian Lane and Monterey Drive, from Excelsior Boulevard
to Park Commons Drive.
Ms. McMonigal pointed out that the intent on Excelsior Boulevard was not to look at the roadway
itself, but to look at the land uses on both sides and their interface with the residential
neighborhoods. She added staff could ask the County to take a look at the signal timing as well. She
stated that as part of the station area planning staff will ask the County to look at Highway 25.
Mr. Harmening summarized that the City Council desires to move item B-4 up on the list of
priorities. He stated that the City Council also desires to move the Vescio's area (item B-3) up on
the list if feasible. He stated staff will review workflow and determine its approach to further study
of these areas He stated with respect to the Excelsior Boulevard issue, staff will come back to the
City Council with an updated report on the traffic issues at Trader Joe's Staff will also
communicate with the County regarding the signal timing on Excelsior Boulevard. He noted that
staff will need to utilize consultants in this process.
Ms. McMonigal discussed the transportation corridor studies and stated the City received an offer
from the University of Minnesota law school to do some work on the zoning that would continue
until May 2010.
Councilmember Basill pointed out that the SRF study commenced on the site encompassed the
hotel site, so there are some guidelines already adopted.
Mayor Pro Tern Sanger stated that this study needs to be combined with the entire process for
mitigating adverse impacts of freight rail together with the neighborhood input process.
Mr. Harmening stated that he spoke with Commissioner Dorfman last week to inquire about the
County's plans for moving forward in examining freight rail relocation. The County is interested in
meeting with staff in December to discuss the process, including the public participation process
Study Session Minutes -4- November 9, 2009
Councilmember Basill requested further information regarding the north-south trail and a possible
north-south roadway connection.
Ms. McMonigal stated that Three Rivers Park District completed a study looking at the possibility
of a trail along or in the CP corridor and staff is considering whether the possibility exists for enough
right-of-way for the trail and a possible roadway.
Mayor Pro Tern Sanger expressed concern about a north-south roadway and stated she would prefer
to see a bike trail along the tracks.
Councilmember Basill agreed and stated it would be difficult to put a roadway or trail in this area
without taking some valuable single family homes in the Creekside and Brookside neighborhoods.
It was the consensus of the City Council that the Canadian Pacific rail corridor (item C-1) should be
the first priority.
Councilmember Finkelstein stated that if the County and/or Federal government do not pick up the
cost, it should not be seen as a commitment by the City that it will pick up the cost.
The City Council discussed mitigation, upgrading of the tracks and bridges, safety issues, and noise
and vibration issues.
Ms. McMonigal discussed item C-2 (Louisiana and Cedar Lake Road).
Mayor Pro Tern Sanger stated that the study with respect to other possible north-south connections,
including possible frontage roads on Highway 100, needs to be integrated in some fashion with this
work.
Ms. McMonigal stated item C-3 (Minnetonka Boulevard east of Highway 100) is being reviewed to
see how this area can be improved to make it safer for pedestrians and bikes.
Mayor Pro Tern Sanger suggested including an additional study of the France Avenue area north to
the Minneapolis city line, with a goal of making it safer for bikes.
The City Council discussed the roadway study of Louisiana Avenue north of Minnetonka
Boulevard.
It was the consensus of the City Council to direct staff to study the entire Louisiana Avenue
corridor.
City Manager Harmening summarized the discussion indicating that the Wayzata Boulevard
corridor would be moved to second on the study list; the area around Highway 25 would be
considered with the Beltline station area; staff would provide an update on Trader Joes; and the staff
would work with the County on signal timing along Excelsior Boulevard east of 100.
Study Session Minutes -5- November 9, 2009
3. Transportation Policies for 2030 Comprehensive Plan
Ms. McMonigal presented the staff report and noted that staff is not proposing specific goals and
policies related to freight rail at this time because the City is in the midst of next steps with the
County and other agencies; goals and policies can be added later.
Mayor Pro Tem Sanger stated she felt it would be valuable to include some general statements of the
City's priorities regarding freight rail in the approved Comprehensive Plan that address mitigation,
through traffic and hazardous substances. She pointed out that the 1999 study did not address
hazardous substances.
Mr. Harmening stated that staff will prepare some language for the City Council's review.
Mayor Pro Tem Sanger requested clarification regarding Goal #3, Policy 3-D.
Ms. McMonigal stated that both the County and State have strict access management guidelines,
but these guidelines do not work well in St. Louis Park because the City has a lot of direct access and
single family homes. She explained that staff changed the wording on this policy to use the term
"consider" versus "agreeing to abide by" the roadway access management guidelines. She added that
the Met Council wants the City to look at access management, even though the City often cannot
meet the strict guidelines as more outlying communities.
Mayor Pro Tem Sanger stated she disagreed with having a rigid statement that there should be a
sidewalk every one-quarter mile, and would prefer to use this as an approximate guideline.
Mayor Pro Tern Sanger suggested that Bicycles and Pedestrians Goal #3 be revised to eliminate the
word "choices" and substitute "opportunities," or to change the title to "Improved transportation
and recreation choices."
4. Fire Stations Project Update
Mr. Harmening presented the staff report and stated that a fair amount of work on the fire station
planning has been completed, including a preliminary analysis of space needs and what might be
required in terms of building size and site location. He stated this project will touch almost every
department in one way or another, and staff wants to make sure it has a strong level of coordination
with this project. For this reason, Sean Walther has been asked to lead the project from a facilitation
perspective. He stated staff is not proposing to use a standard general contractor approach as is
being used with the MSC project; Rather, staff is proposing to hire a construction manager and that
person will oversee the entire project with the City serving as general contractor.
Mr. Walther presented the project organization chart and stated the team is now looking at what
needs to be done in terms of site information, geotechnical work, etc. He added the next step will be
to start researching and hiring a construction manager for the project and an architect.
,
Study Session Minutes -6- November 9, 2009
Mr. Harmening pointed out that the goal is to develop an organizational structure that eliminates
surprises and ensures checks and balances are in place. He stated the construction manager approach
lends itself to that.
The City Council discussed the role of a construction manager, including serving as an advocate for
promoting the City's best interest.
Mr. Walther stated the City is not required to take the low bid in hiring a construction manager
since this is a service provider and the City is allowed to select a construction manager based on
qualifications.
Councilmember Basill asked what liability a construction manager has in overseeing a project on the
City's behalf.
Mr. Hoffman replied that the actual contractor is responsible directly to the City and must perform
all warranty work.
It was the consensus of the City Council to utilize the construction manager approach for the Fire
Station projects.
5. Proposed Amendments to Business Licensing, Chapter 8, and Environmental and
Public Health Chapter 12 of the City Code
Mr. Hoffman presented the staff report and stated complaints have been received regarding the
practices of some massage therapy services and peddlers/transient merchants. He stated staff is
proposing changes to Chapters 8 and 12 of the City Code intending to address these concerns with
program changes that keep staff time to a minimum, are reasonable for business owners, and help
maintain public safety.
Deputy Chief DiLorenzo explained that there is currently no state standard or licensing for massage
therapy establishments. He stated that staff is proposing to add a massage therapist license
requirement and all massage therapists would be required to have successfully completed training
from an accredited school as well as undergoing a background check by the Police Department
It was the consensus of the City Council to have staff continue with the Chapter 8-Business Licenses
as proposed by staff.
Mr. Hoffman stated staff is proposing revisions to the peddlers, solicitors and transient merchants
license requirements to prevent problems encountered in recent years. He stated there have been
groups coming into the City, en masse, with a number of situations in which they were overbearing
or possibly have a criminal background He stated that a background check would be completed by
the Police Department and a photo ID issued to the peddler or solicitor so that residents know they
have registered with the City and been informed of the City's rules and regulations
Deputy Chief DiLorenzo noted that canvassers and fundraisers (political, social or religious
organizations) have been placed into separate categories because some of them cannot be prohibited
Study Session Minutes -7- November 9, 2009
from their activities. He stated the City can register them free of charge as a way to help staff
identify who might be out in the neighborhoods. He further stated that youth organizations, e g ,
Boy Scouts and Girl Scouts, fall into the professional fundraiser category.
Mayor Pro Tern Sanger expressed concern about any attempt by the City to license and/or regulate
what is arguably free speech for political or religious purposes.
Deputy Chief DiLorenzo reiterated that is not the City's attempt and stated as an example: a
political action group came into the City and staff asked that they allow background checks to be
conducted free of charge on their canvassers. Three were denied because of criminal backgrounds.
He stated staff is looking for some type of standard for allowing people to go door-to-door He
stated the City can enforce the regulation by arresting or citing the individual for not registering, and
the penalty is a misdemeanor.
Councilmember Finkelstein suggested the photo ID include a statement that the City is not
endorsing the product but has simply registered the individual.
Mayor Pro Tem Sanger stated it will be important to undertake an education process for residents
about what they can expect, and to advise residents that they can obtain "no solicitor" signs free of
charge.
It was the consensus of the City Council to direct staff to prepare language with respect to a
Peddlers, Solicitors and Transient Merchants License Subdivision V for the City Council's review.
Mr. Hoffman presented the proposed amendments with respect to a re-inspection fee. He stated the
re-inspection fee is intended to cover the cost of City services that occur when multiple re-
inspections of a licensed business become necessary to attain compliance.
It was the consensus of the City Council to direct staff to prepare language with respect to a
Multiple Re-inspection Fee for Licensed Businesses for the City Council's review.
Mr. Hoffman presented proposed modifications to the Commercial Entertainment Establishment
License that would require business owners to carry general liability insurance.
Councilmember Basill stated it would be interesting to know if other cities require this
Mayor Pro Tem Sanger agreed and felt that $1 million may not be enough She questioned whether
the dollar amount should be proportional to the size of the establishment.
It was the consensus of the City Council to direct staff to obtain further information regarding this
proposed amendment.
Mr. Hoffman stated the proposed revisions to Chapter 12-Environment and Public Health are
essentially a housekeeping item, intending to adopt by reference the statutes and rules for food,
pools, and lodging pursuant to the Minnesota Department of Health's new delegation agreement.
Study Session Minutes -8- November 9, 2009
6. Communications (Verbal)
Mr. Harmening stated he has been working with Pat Mascia on developing a plaque for the West
End project in recognition of the positive impact the project will have on the community He
presented the plaque and recited its contents. The plaque will be displayed near the movie theatre.
Councilmember Omodt requested an update on the weekend incident at the hotel property.
Mr. Harmening stated that on Sunday, the Police Department discovered that the former American
Inn site was being vandalized. He indicated there was a sign placed on the sidewalk near one of the
entrances that said everything was $1 which was later changed to indicate that everything was free.
He explained that people took it to the next level and broke down doors and windows, ripped
sheetrock off the walls, pulled copper wire and plumbing and vandalized the site. He stated that the
owners were contacted on Sunday but did not return the call until today.
Mr. Hoffman stated the owners apparently did not realize the urgency in getting the site boarded up
and were informed that if they did not get out there the City would board up the building and
charge them. It became a very hazardous situation because the power, water, and gas were still on;
there is lots of mold in the building; the windows are all broken, and people were dumping paint
and solvents on the roof, creating a potential fire hazard. He reported the building has now been
secured.
He stated the closing on the property is scheduled for Thursday and the City intends to recover any
costs incurred in securing the building as part of the closing
The meeting adjourned at 9:14 p.m.
Written Reports provided and documented for recording purposes only:
8. Telecommunications Commission State Legislative Update
Nancy Stroth, ity Clerk Susan Sanger,JMayor Pro Tem