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HomeMy WebLinkAbout2010/04/05 - ADMIN - Minutes - City Council - Regular f/fSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 5, 2010 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Deputy City Manager (Ms. Gohman), Deputy Police Chief (Mr. DiLorenzo), City Clerk (Ms Stroth), Controller (Mr. Swanson), Inspections Director (Mr. Hoffman), Inspection Services Manager (Ms. Boettcher), Public Works Coordinator (Mr. Merkley), Public Works Director (Mr. Rardin), Senior Engineering Project Manager (Mr. Olson), Chief Information Officer (Mr. Pires), Civic TV Coordinator (Mr Dunlap), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). Guests: Bruce Browning, Telecommunications Advisory Commission Chair, and Stacie Kvilvang, Ehlers &Associates. 1 a. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Park TV Local Programming Month Proclamation Mayor Jacobs read the Proclamation recognizing April 2010 as ParkTV Local Programming Month and recognizing the numerous individuals and volunteers for their commitment to local programming. Bruce Browning, Telecommunications Advisory Commission Chair, stated that local programming involves a broad spectrum of people across the entire community He encouraged residents to visit the ParkTV website and stated there are a number of resources available on the website. He expressed sincere thanks to the City Council and City staff, and particularly Mr. Zwilling, Mr. Pires, and Mr. Dunlap for their dedicated efforts. 2b. Beautify the Park Proclamation Mayor Jacobs read the Beautify the Park Proclamation, proclaiming Earth Week 2010 (April 17-25) to be the kick-off for several initiatives, including encouraging residents to pick up litter and other remnants of winter and give their neighborhood a fresh start this spring. He added that reinvestment in the City's tree canopy represents a new initiative this year and the City has teamed up with Tree Trust to make it affordable for residents to reforest their properties. City Council Meeting -2- April 5, 2010 3. Approval of Minutes 3a. City Council Minutes of March 15, 2010 Councilmember Finkelstein requested that the first paragraph on page 14 be revised to state "Councilmember Finkelstein stated that simply because the City is going forward with the next phase of this project does not mean that the City has committed to building this interchange, primarily because the City cannot do this project without additional Federal, State and County funding." The minutes were approved as amended. 3b. Study Session Minutes of March 22, 2010 Councilmember Sanger requested that the seventh paragraph on page 2 be revised to state "Councilmember Sanger expressed concern that residents will not water the replacement trees and felt the City should have a better system in place for requiring residents to water their boulevard trees or for the City to water newly planted trees." Councilmember Sanger also requested that the first paragraph on page 4 be revised to state "Councilmember Sanger agreed that the overall community needs should be addressed as well as a community center, which entails more than looking at just turf. She added that she did not view this as merely one way of saving money but rather as an issue of Council priorities. She also stated that through the St. Louis Park Vision process, there was a stated demand for more gathering places specifically within St. Louis Park that had indoor amenities and indoor facilities and that there was no stated demand at that time for artificial turf." 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. Adopt Second Reading of Ordinance No. 2380-10 vacating drainage and utility easement 600 Highway 169, and approve the summary ordinance for publication. 4b. Adopt Resolution No. 10-033 accepting this report, approving plans and specifications for soil removals and authorizing advertisement for bids. 4c. Adopt Resolution No. 10-034 Accepting Donation from City of Rosemount in the form of two network servers (HP ProLiant). 4d. Approve premises amendment to the on-sale intoxicating and Sunday sales liquor license for Crave Hospitality WE LLC doing business as Crave located at 1603 West End Boulevard. 4e. Approve for Filing Vendor Claims. City Council Meeting -3- April 5, 2010 4f. Approval for Filing Charter Commission Minutes September 9, 2009. 4g. Approval for Filing Planning Commission Minutes February 24, 2010. 4h. Approval for Filing Planning Commission Minutes March 3, 2010. It was moved by Councilmember Santa, seconded by Councilmember Ross, 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 7-0. 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions It was moved by Councilmember Sanger, seconded by Councilmember Ross, to appoint citizen representative William Theobald as a Commissioner to the Telecommunications Advisory Commission for the term ending December 31, 2011. The motion passed 7-0. 6. Public Hearings Ga. Public Hearing— Liquor License— Toby Keith's I Love This Bar Ms. Stroth presented the staff report and stated that the establishment's planned opening has been delayed to late May or early June and will be located at 1623 Park Place Boulevard in the Shops at West End. She indicated the restaurant will feature family dining, a guitar shaped bar and will host live entertainment. She added the site will also include a retail store selling Toby Keith merchandise. Mayor Jacobs opened the public hearing. Kate Becker, counsel for the applicant, appeared before the City Council. She stated that Mr. Keith will probably perform at the restaurant shortly after it opens. No other speakers were present. Mayor Jacobs closed the public hearing. It- was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve the application from CRGE Minneapolis, LLC dba Toby Keith's I Love This Bar&Grill for an on-sale intoxicating and Sunday liquor license to be located at 1623 Park Place Boulevard with the license term through March 1, 2011. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public— None City Council Meeting -4- April 5, 2010 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Call for Sale of General Obligation Bonds Resolution No. 10-035 Mr. Swanson presented the staff report. Ms. Kvilvang stated that the City Council is being asked to approve the sale of two issues, the first is $3,125,000 in taxable General Obligation Housing Improvement Area Bonds, Series 2010A, and the second is $5,985,000 in General Obligation Bonds, Series 2010B. She explained that the majority of the owners of the Sunset Ridge Condominium Association petitioned the City to create a housing improvement area and issue bonds to fund approximately $3,650,000 in improvements to the exteriors of the units; it is the City's intent to levy a housing improvement area fee on each unit to support 105% of the debt service beginning with taxes payable 2011. She indicated these fees are similar to special assessments for public improvements and the fees can be prepaid in whole or in part by March 31, 2010. She pointed out that as of April 1, 2010; fifty condominium owners (21%) prepaid their assessments, totaling $830,195. Ms. Kvilvang then explained that the second bond issue is going to be used to reimburse the water and storm sewer utilities for improvements pursuant to the rate study presented earlier to the Council. She stated that the refunding portion of the 2010B Bonds is to provide funds sufficient for a current refunding of the G.O. Storm Sewer Revenue Bonds Series 2001B and the G.O. Bonds Series 2003A which were issued for various park and trail improvements as well as improvements to recreational facilities. She indicated that the refunding of the 2001B Sewer Revenue Bonds will save the City approximately $142,000 over the remaining term of the Bonds and represents a savings of approximately 8.180% of the refunded principal. She further indicated that the 2003A G.O. Bonds will save the City approximately $74,000 over the remaining term of the Bonds and represents a savings of approximately $18,500 over the next four years. She pointed out that the 2010A bond issue is taxable because they represent private improvements. Councilmember Finkelstein stated that the 2010B bonds are being refinanced at lower interest rates because the City is now rated AAA. He added that the Housing Improvement Area is a tool used by cities to redevelop their aging condominium areas and St Louis Park has utilized this tool in other areas of the City. He complimented the Sunset Ridge Condominium Association for their efforts on this project and stated that this is a worthwhile project, particularly when you consider that 50 condominium owners prepaid their assessment. He added this type of project does not carry any more risk as a development tool than if the City were to use development funds and is something that the City uses to keep the City alive and growing. Councilmember Sanger stated that part of the reason for the City's issuance of these bonds is to help support the Sunset Ridge Condominium Association, and by doing so, it helps preserve the availability of owner occupied affordable housing. She added that by doing it this way, it represents no cost to the taxpayers and the homeowners will repay them through their taxes every year. City Council Meeting -5- April 5, 2010 It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt Resolution No. 10-035 Providing for Sale of • $3,125,000 Taxable General Obligation Housing Improvement Area (HIA) Bonds, Series 2010A;and • $5,985,000 General Obligation Bonds, Series 2010B. The motion passed 7-0. 8b. Project Report: 2010 MSA Street Rehab (Wooddale Avenue) — Project No. 2009-1101 Resolution No. 10-036 Mr. Olson presented the staff report and stated this year's MSA Street rehab will be performed on Wooddale Avenue from West 44th Street to West 42-1/2 Street. He explained that the project will include a two inch mill and overlay, curb and gutter repair at certain locations which will include some driveway aprons, minor storm sewer repairs, sidewalk repairs, pedestrian curb ramp updates, and new striping. He indicated that because Wooddale is a State Aid road, it must comply with State Aid standards, however, Wooddale is deficient on roadway width and staff requested and received a variance from Mn/DOT to allow the road to be rebuilt in its current configuration. He stated that the project will have a five week construction period beginning in late June and the road will be open during construction, with access provided to driveways most times. He stated that staff met with residents to discuss the project and letters will be mailed to adjacent property owners prior to the start of construction. He stated the engineer's estimate for the project is $164,800 and the project will be funded entirely with State Aid funds through the gas tax. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt Resolution No. 10-036 Accepting the Project Report, Establishing Improvement Project No. 2009-1101 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2009-1101. The motion passed 7-0. 8c. Approve 2010-2011 Police Officer (Local #206) Labor Agreement Resolution No. 10-037 Ms. Gohman presented the staff report. She explained that the Local #206 labor agreement represents the last open contract for 2010. She stated the Police Officers group has agreed to a two year contract with a wage increase of 1% effective January 1, 2010 and a wage increase of 2.25% effective December 31, 2010. She stated the Police Officers group requested to swap Columbus Day for Christmas Eve and this swap is cost neutral to the City; the City has agreed that there will be no layoffs or furloughs in this group in 2010 and 2011; the City has agreed to the addition of an annual transfer of Flex Leave to Health Care Savings Plan; the City also agreed that effective 1/1/11 — 12/31/11, the City will contribute $10 per pay period to the account of each eligible employee's deferred compensation account if the employee contributes a minimum of$50 per pay period. City Council Meeting -6- April 5, 2010 Mayor Jacobs stated this is a good example of the great working relationship enjoyed by the City and its labor unions. He stated it is because of that working relationship that the City is able to effectively negotiate its labor contracts and it is a testament to both sides of the table. He expressed the City Council's appreciation to Ms. Gohman and the union for their efforts in reaching agreement on their contracts. He added this is a reflection of the long time that it takes to build the kind of relationship that allows this kind of negotiation to go forward It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 10-037 approving Labor Agreement between the City of St. Louis Park and Law Enforcement Labor Services (LELS), Local #206 (Police Officers)January 1, 2010 — December 31, 2011. The motion passed 7-0. 8d. Second Reading of Ordinance Amending Sections of Chapter 8 — Building and Contractor Licensing and Chapter 12 Environmental and Public Health Codes Ordinance No. 2381-10 Mr. Hoffman presented the staff report. He indicated that at the first reading of the proposed ordinance changes on March 15`h and pursuant to Council discussion, staff worked with the City Attorney and amended the definition of a solicitor to include a statement that reads "It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization." He stated this definition will allow neighbors to fundraise in a neighborhood for either a local cause or national group, without obtaining a license. He added the intent is to not license Boy Scouts or Girl Scouts, or local religious organizations selling tickets or requesting money, and staff feels the intent has been clearly defined and parameters have been set. He stated that an additional consideration before the Council is found under Section 8-573 related to fees, and explained that the intent of this ordinance was to collect a license fee for those individuals who have to be licensed. He indicated that there are Federal commerce requirements that supersede the City and which state that you cannot charge those engaged in interstate commerce. He stated that staff recommends Sec. 8-573 be amended to state "Except for solicitors engaged in Interstate Commerce,which are specifically exempted from paying any fee under this chapter..." in order to avoid any confusion. He explained that someone engaged in interstate commerce is someone who is out selling a product but is not carrying the product with them, such as magazine subscriptions, but is instead taking orders for sales; these individuals will still need to be licensed, but the ordinance clarifies that they are exempt from the license fee. Jr was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Second Reading of Ordinance No. 2381-10 relating to Business Licenses, Amending Regulations Relating to Inspection Fees, Massage Therapy, Peddlers, Solicitors and Transient Merchants, and Food and Beverage Establishments. The motion passed 7-0. City Council Meeting -7- April 5, 2010 8e. Second Reading of Compost Ordinance Revision Ordinance No. 2382-10 Mr. Merkley presented the staff report. He stated that following the first reading on March 15th and in response to Councilmember Sanger's question about whether composting should be allowed on multi-family properties, staff was unable to find any other communities that are currently composting in high density residential properties. He added that Minneapolis and Edina advised against allowing composting on high density properties because residents in these properties typically do not perform yard maintenance and therefore do not have yard waste material to compost, and these types of residents are less likely to properly maintain the compost. He stated staff recommends that the compost ordinance be approved as presented at the first reading and if it is later determined that composting on high density residential properties is desired, staff will bring this item back to Council for further discussion. Councilmember Sanger expressed her appreciation to staff for conducting the research regarding the applicability of the ordinance to multi-family units and stated she is comfortable with starting at this level. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Second Reading of Ordinance No. 2382-10 approving Composting Revisions Amending Chapter 22,Article HI of the St. Louis Park Code of Ordinances. The motion passed 7-0. 9. Communications Mayor Jacobs reminded residents that April 12th is the start date for compost pick up of yard waste. He stated that residents can no longer use plastic bags per State law. Mayor Jacobs reminded residents of the Lenox spaghetti dinner on April 23`d at 4:30 p.m. He stated this event is always well attended and tickets can be preordered and residents can also reserve their dinner time. 10. Adjournment The meeting adjourned at 8:15 p.m. dF r Nancy Stroth, 'dry Clerk JeffJa•obs, Ma or