HomeMy WebLinkAbout2010/11/15 - ADMIN - Minutes - City Council - Regular JIf St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
NOVEMBER 15,2010
1. Call to Order
Mayor Jacobs called the meeting to order at 7:39 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Julia Ross, Susan
Sanger, and Sue Santa.
Councilmembers absent: Councilmember Paul Omodt.
Staff present: City Manager(Mr. Harmening), Deputy City Manager/Human Resources Director
(Ms. Gohman), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Community Development
Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Planning/Zoning
Supervisor (Ms. McMonigal), Director of Inspections (Mr. Hoffman), Planner (Mr. Fulton),
Controller (Mr. Swanson), Communications Coordinator (Mr. Zwilling), and Recording
Secretary(Ms. Hughes).
Guests: Mark Ruff(Ehlers &Associates).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations -None
3. Approval of Minutes
3a. Study Session Minutes of October 11,2010
Councilmember Mavity requested that the first paragraph on page 4 be revised to state
"Ms. Gothberg facilitated a discussion with the Council regarding the appropriate use of
staff resources, Council's working relationship and the Council norms."
The minutes were approved as amended.
3b. Special Study Session Minutes of November 1, 2010
Councilmember Finkelstein noted that though the City does not want to get into the
business of purchasing private property, the proposed purchase makes sense; particularly
in light of the work at Highway 7 and Louisiana Avenue in addition to the storm retention
pond. This was a tired area and it certainly met the criteria.
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
City Council Meeting -2- November 15, 2010
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 premises amendment to the on-sale intoxicating and Sunday sales liquor
license for Rojo West End LLC dba Rojo Mexican Grill located at 1602 West End
Boulevard.
4b. Adopt Resolution No. 10-133 calling for a public hearing by the City Council on
December 20, 2010 relative to the proposed Hardcoat Tax Increment Financing
District within Redevelopment Project No. 1 (an Economic Development
District).
4c. Adopt Resolution No. 10-134 authorizing the special assessment for the repair of
the water service line at 9375 Cedar Lake Road, St. Louis Park, MN 55416 -
P.I.D. 07-117-21-32-0007.
4d. Adopt Resolution No. 10-135 authorizing the special assessment for the repair of
the water service line at 3245 Sumter Avenue South, St. Louis Park, MN —P.I.D.
17-117-21-23-0032.
4e. Adopt Resolution No. 10-136 rescinding prior parking restrictions and
authorizing parking restrictions at 6300 Walker Street.
4f. Adopt Resolution No. 10-137 rescinding prior parking restrictions and
authonzing parking restrictions at 4801 41S` Street West.
4g. Approve Change Order No. 2 to Contract No. 99-09, 36th Street Streetscape
Project—Project 2008-2600.
4h. Removed from Consent and placed on regular Agenda as Item 8c.
(Appoint Mayor Jeff Jacobs to serve as the St. Louis Park representative on the
Southwest Corridor Management Committee.)
4i. Approve Purchase of vacant MnDOT land and approve the purchase agreement
for re-conveyance of said vacant MnDOT land to Namakan Properties, LLC.
4j. Approval of Filing Vendor Claims.
Councilmember Ross requested that Consent Calendar item 4h be removed and placed on
the Regular Agenda.
It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve
the Agenda and items listed on the Consent Calendar as amended to move Consent
Calendar item 4h to the regular agenda as item 8c; and to waive reading of all
resolutions and ordinances.
The motion passed 6-0 (Councilmember Omodt absent).
5. Boards and Commissions -None
6. Public Hearings
6a. Public Hearing for Off-sale Intoxicating Liquor License—Liquor Barrel
Ms. Stroth presented the staff report and stated that this public hearing is for a change of
ownership at the Liquor Barrel currently under operation at 5111 Excelsior Boulevard.
She stated that the license fee would be prorated to cover the remaining term of the
current license through March 1, 2011.
City Council Meeting -3- November 15, 2010
Mayor Jacobs opened the public hearing. No speakers present. Mayor Jacobs closed the
public hearing.
It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to
approve off-sale intoxicating liquor license to MM Liquor Barrel Inc. dba Liquor Barrel
located at 5111 Excelsior Boulevard in St. Louis Park for the license term through March
1, 2011.
The motion passed 6-0 (Councilmember Omodt absent)
6b. Public Hearing—2011 Liquor License Fees
Resolution No. 10-138
Ms. Stroth presented the staff report and proposed liquor license fees for the license term
March 1, 2011 through March 1, 2012. She noted that the proposed 2011 fees reflect the
limits set forth in state law and provide for increased administrative costs and
enforcement. She advised that the only change to the liquor license fees reflect a $500
increase in the on-sale intoxicating liquor license to $8,500. She noted that the 2009 on-
sale intoxicating liquor license fee was $7,500 and had not been increased since 2001; at
the time, it was recommended that this fee be increased by $500 in 2010 and $500 in
2011. She added that all liquor license fees are comparable to other similar sized cities.
Mayor Jacobs opened the public hearing.
Mr. Phil Weber, Park Tavern, appeared before the City Council and encouraged the
Council to remain sensitive to raising the liquor license fees. He stated that there are a lot
of liquor establishments in the City and the West End development has impacted his
business. He acknowledged that the City has to cover its administrative and enforcement
costs,but felt that the fee increase was unnecessary.
Councilmember Finkelstein requested further information regarding the significant
difference in cost for an off-sale liquor license versus an on-sale liquor license.
Ms. Stroth explained that the license fee for off-sale establishments is limited by state
statute; the only fees that the City is authorized to increase are for 3.2 and on-sale liquor.
Councilmember Finkelstein stated that he felt there should be some equivalency in liquor
license fees.
Mayor Jacobs agreed that it would be worthwhile to have a further discussion regarding
the apparent disparity between on-sale and off-sale liquor license fees.
Mayor Jacobs closed the public hearing.
Councilmember Sanger requested that the Council also discuss administrative and
enforcement costs, including DUI enforcement, as part of its overall discussion on fees.
Councilmember Ross noted that the liquor license fees cannot be used as a means of
generating revenue for the City and are intended to cover administrative costs.
City Council Meeting -4- November 15, 2010
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve
Resolution No. 10-138 Adopting 2011 Liquor License Fees for the License Term March
1, 2011 —March 1, 2012.
The motion passed 6-0 (Councilmember Omodt absent).
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Eldridge 1st Addition—Preliminary Plat
Resolution No. 10-139
Mr. Fulton presented the staff report and proposed preliminary plat for Eldridge 1St
Addition. He explained that the parcel will be subdivided into five parcels and includes
the construction of a public street off Minnetonka Boulevard on the east side of the site.
He reviewed the public street dedication and indicated that the proposed cul-de-sac meets
turning radius requirements. He stated that Minnetonka Boulevard is under the
jurisdiction of the County and that the City Engineer, using the County's `standards, has
determined that this is a safe location for a new street. He also reviewed the tree
preservation plan which includes removal of 19 significant trees resulting in replacement
of a total of 139 caliper inches of significant trees; in addition, all buckthorn and grape
vine will be removed and the City supports the removal of these noxious species. He
discussed the proposed stormwater management plan, stating that water in the area drains
to the north and the plan must comply with the City's surface water management plan as
well as Minnehaha Creek Watershed District requirements. He reviewed the
neighborhood and Planning Commission meetings and stated that there has been some
discussion about relocating the road off of Decatur Avenue. He indicated that the
developer is not interested in relocating the road because of the location of the
stormwater pond and because any relocation of the street would require substantial
grading of the site; in addition, a significant number of trees on the west side of the site
would need to be removed if the street were relocated. He introduced Rob Eldridge,
developer.
Mr. Rob Eldridge, Ridgecreek Builders, 9008 136th Street, Savage, appeared before the
City Council and stated that he has spent a considerable amount in engineering costs in
order to come up with the best possible solution for the parcel based on the natural grade
in the area and that has the least impact on the trees and the neighborhood. He indicated
that if the road were moved to come off Decatur Avenue, all trees along the south side
would be lost and it would require an additional five to six feet of soil being brought in.
Councilmember Sanger stated that her preference would be to have homes built that are
compatible with the scale and character of the neighborhood around them. She indicated
that there have been other developments in the City where the new homes do not fit in
with the neighborhood. She asked the developer to remain sensitive to the neighborhood.
She also asked if fiber optics were being considered for the development.
Mr. Eldridge stated that he proposes to build two-story homes with finished square
footage of approximately 3,600-4,000 square feet. He added that he wants to sell what
the market will bear and the homes represent move-up housing.
City Council Meeting -5- November 15, 2010
Councilmember Finkelstein asked if the street width could be narrowed and/or on-street
parking limited, without compromising emergency vehicle access.
Mr. Fulton replied that the width of the street will be further reviewed by staff to
determine if it can be narrowed without compromising the ordinance standards.
Councilmember Finkelstein requested information regarding the City Council's
discretion in approving or rejecting a preliminary plat.
Mr. Scott stated that if a proposed project meets the City's standards, the City Council
has no basis for rejecting a preliminary plat. He added that the City Council can impose
reasonable restrictions, and reiterated that if a project meets all the objective standards,
the Council has very little discretion to turn it down.
Mr. Eldridge stated that he is open to the idea of reducing the road width and having
parking restrictions on the east side, as long as emergency vehicles are able to navigate
the street.
Councilmember Santa asked if there will be opportunities for additional neighborhood
meetings as the project moves from the preliminary phase into final plat approval.
Mr. Fulton replied that there is no strict regulatory process for neighborhood
involvement, but the City encourages continued neighborhood meetings. He added that
there will be an opportunity for additional involvement with the neighbors, particularly
with respect to the landscape plan.
Councilmember Ross asked if this is the first project of this size for Eldridge.
It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt
Resolution No. 10-139 Giving Approval for Preliminary Plat of Eldridge ft Addition
Mr. Kent Bowker, 3031 Decatur Avenue, appeared before the City Council and
expressed his appreciation to Council and staff for listening to the neighborhood
concerns. He stated that it appears this project will move forward and asked that
additional alterations be made so that the neighbors are all in agreement. He requested
that the Council view the site and noted that the three homes on either side of the project
are long and narrow and protected by woods. He stated that no reasonable person
expected that a new road would come in and take away all the trees. He explained that
they were not consulted in any way as to how this project would be laid out; rather, they
were presented with the preliminary plat and no changes were made despite the concerns
expressed by the neighbors. He stated he has been unable to find any development where
the neighbors are so directly and negatively impacted by a development and added their
property values will likely go down because of this project. He also expressed concern
that the scale of houses will not match what is currently in the neighborhood.
Ms. Diane Harrison, 3021 Decatur Avenue, appeared before the City Council and
expressed concern that 82% of Mr. Streeter's property on Cavell Avenue will be
surrounded by blacktop. She stated that the developer has talked about putting up fences
or other buffers, but has not received any assurance that this will be done. She also stated
that the electrical and cable for her property comes in through the proposed development
City Council Meeting -6- November 15, 2010
and requested further information about how the new electrical and cable will come into
her neighborhood.
Mr. Fulton explained that the Subdivision Ordinance requires that all utilities be placed
underground and the intent would be that any utilities be located in the public right-of-
way along the street or in the drainage and utility easements surrounding the new lots.
He added that further discussions with Xcel Energy will take place regarding the utilities.
Mr. Eldridge stated that utilities will be noted on the final plat. He indicated that some
discussion has taken place with the neighbors on Cavell Avenue regarding the placement
of a fence.
Mr. Bill Streeter, 3010 Cavell Avenue, appeared before the City Council and expressed
concern about the increased traffic on Minnetonka Boulevard and pedestrian safety. He
stated that he talked to the County about the additional curb cut and its impact on safety;
he stated he was told by the County that it was opposed to a curb cut in this area. He
indicated that he would prefer to see access come off Decatur Avenue. He also requested
that the developer consider putting in a solid wall to eliminate light pollution.
Ms. McMonigal stated that staff often works with the County on locating driveways near
a county road; in this case, the driveway is being replaced with a public street and will
provide a clearer area for a crossing. She added that City staff will work closely with the
County regarding layout to find the best possible location for the street.
Councilmember Mavity stated that the City has been looking to add move-up housing in
the City and expressed support for the project. She encouraged the developer to continue
to work with the neighbors and to build homes that blend well with the existing character
of the neighborhood.
Mayor Jacobs expressed the City Council's thanks to the neighbors for their input.
The motion passed 6-0 (Councilmember Omodt absent).
8b. Presale Review of General Obligation Bonds for Louisiana Court — Series
2010C and the Fire Stations—Series 2010D
Resolution No. 10-140
Mr. Swanson presented the staff report and introduced Mark Ruff from Ehlers &
Associates.
Mr. Ruff explained that the $1,755,000 in General Obligation bonds will be used for the
refunding of the PPL/Louisiana Court project. He stated that the term of these bonds will
be extended by ten years and the annual debt service reduction will provide meaningful
savings to the City. He stated that the current interest rate is over 5.8% and it is
anticipated that the refunding will have an interest rate under 4.5%. He advised that the
second bond issue represents a newer type of issue for $13,140,000 of General Obligation
Taxable Build America Bonds that are competitive with tax exempt bonds. He explained
that the federal government came up with a program to sell taxable bonds and the federal
government sends a rebate to local governments equal to 35% of the interest payment at
the end of 2010. He stated that given the 20 year term, it is anticipated that the City will
City Council Meeting -7- November 15, 2010
realize savings of$25,000-$30,000 by using the Build America Bonds. He added that the
anticipated sale of both bond offerings will occur on December 6th
Councilmember Sanger stated that by refinancing the bonds on the Louisiana Court
project, not only will there be a cost savings but the refinancing will not cost anything to
the City and will actually help the City as far as having to repay anything.
Mr. Ruff stated that there is no cost to the City associated with this refinancing. He added
that the City's first mortgage drops significantly as a result of this refinancing.
It was moved by Councilmember Ross, seconded by Councilmember Mavity, to adopt
Resolution No. 10-140 Providing for the Sale of$1,755,000 General Obligation Bonds,
Series 2010C, and $13,140,000 Taxable General Obligation Bonds (Build America
Bonds), Series 2010D.
Councilmember Ross noted that the Council has had lengthy discussions regarding the
Louisiana Court project and stated that this refinancing is a good investment for the City.
She added that the City is committed to its housing stock and in making sure the City has
viable housing that can compete with similar apartments in the area.
The motion passed 6-0 (Councilmember Omodt absent).
8c. Appoint Mayor Jeff Jacobs to Serve as the St. Louis Park Representative on
the Southwest Corridor Management Committee
Councilmember Ross stated that there has been a lot of discussion and interest in the light
rail and indicated that the Council is being asked to appoint Mayor Jacobs to the
Southwest Corridor Management Committee.
Mayor Jacobs explained that the Southwest Corridor Management Committee is a policy
advisory committee and will be comprised of all the mayors of the cities along the
corridor, two County Commissioners, and the chair of the Met Council. He stated that the
committee will be discussing the preliminary design process and design features for the
light rail corridor itself, including transit oriented design and the various impacts to cities
along the route.
It was moved by Councilmember Sanger, seconded by Councilmember Ross, to appoint
Mayor Jeff Jacobs to serve as the St. Louis Park representative on the Southwest
Corridor Management Committee.
The motion passed 6-0 (Councilmember Omodt absent).
9. Communications
The City Council expressed"happy birthday"wishes to Mayor Jacobs.
10. Adjournment
The meeting adjourned at 8:54 p.m.
Nancy Stroth, C y Clerk Jeff J co• ,p ay.,