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HomeMy WebLinkAbout2010/06/28 - ADMIN - Minutes - City Council - Study Session ifirSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA JUNE 28, 2010 The meeting convened at 6:37 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), Deputy City Manager (Ms. Gohman), City Clerk (Ms. Stroth), City Attorney (Mr. Scott), Economic Development Coordinator (Mr. Hunt), Director of Public Works (Mr. Rardin), Engineering Project Manager (Mr. Olson), Senior Accountant (Ms. Monson), Planning/Zoning Supervisor (Ms. McMonigal), Organizational Development Coordinator (Ms. Gothberg), and Recording Secretary (Ms. Hughes). Guests: Chris Culp, Excelsior Group; David Bade, Duke Realty; Mike Krych and Gretchen Camp, BKV Group. 1. Future Study Session Agenda Planning—July 12 Mr. Harmening presented the proposed study session agenda for July 12 He advised that the civic facility study is being prepared by Ms. Walsh and will be presented to Council in the next month or two. 2. Charitable Gambling Regulations Ms. Stroth presented the staff report and stated that staff recently met with the City's current gambling managers to receive comments; it was the consensus of the eight people attending the meeting that no changes were needed to the current gambling requirements in the City. She also presented the City Attorney's opinion with respect to the 10% contribution fund requiring organizations to expend a designated percentage or all of its net profits in the City Councilmember Sanger requested clarification regarding the limits of the City's authority with respect to designating who receives the proceeds from charitable gambling. Ms. Stroth stated that the limitations on charitable gambling proceeds are outlined in the statutes. She explainedsthat if the City were to adopt a 10% City contribution fund, the fund would be subject to the same limitations contained in the statutes. Councilmember Mavity asked if the City Council has the authority to narrow the trade area so that proceeds are all allocated within St. Louis Park, without creating the 10% City contribution fund. Study Session Minutes -2- June 28, 2010 Ms. Stroth replied that state law does not allow cities the authority to narrow the trade area or to authorize what specific lawful purpose expenditures must be in the trade area. As defined by state law, the trade area includes all cities contiguous to the city of St. Louis Park. Mr. Scott stated that if an organization donated 100% of its net profits in St. Louis Park, that organization could be exempted from the 10% contribution requirement. Councilmember Mavity stated that the goal is to have charitable gambling proceeds accrue to the benefit of the City and organizations within the City. Councilmember Omodt stated that there have been complaints received in the past that some charitable gambling proceeds from organizations in the City are directed to Hopkins, and the Council has to answer to residents who question why gambling proceeds are not going to organizations in the City. He added that two gambling managers have commented that they are working with an outside organization and that they were not having the best experience with them. Councilmember Sanger requested additional information regarding the City's administrative costs to cover charitable gambling in the City, and to consider increasing the City's current 1/10 of 1% local tax. She stated that she is also supportive of a 10% contribution fund with an exemption for those organizations who already contribute all of their proceeds to St. Louis Park charities. Discussion took place regarding the various gambling regulations and local authority. It was the consensus of the City Council to direct staff to analyze and present Council with data regarding the City's administrative costs, recommendations regarding an increase in the local gambling tax, and to prepare an ordinance amendment requiring a 10% contribution fund with an exemption for those organizations who contribute a designated percentage of their proceeds to St. Louis Park charities. 3. West End Residential Development Mr. Harmening presented the staff report. Ms. McMonigal stated that there has been an interest expressed in incorporating a housing component in the West End development by amending the current hotel site to residential. She then introduced David Bade from Duke Realty and Chris Culp from the Excelsior Group. Mr. Bade stated that he is the development manager at Duke Realty. He presented the proposed site plan and indicated that they have completed an AUAR analysis to make sure the proposed use is in line with AUAR requirements; this analysis came in lower from a threshold standpoint in terms of water, sewer and traffic capacity. Study Session Minutes -3- June 28, 2010 Mr. Culp presented an overview of his company and indicated that they own or have an ownership interest in approximately 1,200 units. The company also manages approximately 300,000 square feet of office and industrial space, both locally and in Wisconsin and Arizona. He stated that he believes this site is underserved for multi-family use and believes this project will ultimately be similar to the Ellipse project. Mr. Krych stated that BKV has completed several projects in the Twin Cities similar to the proposed West End project, and they work hard to provide great outdoor spaces in their projects as well as a high quality project. Ms Camp discussed the sustainable design features in their work including low impact landscaping native to Minnesota, terraced decks and courtyards. Councilmember Sanger expressed concern about the limited green space and limited areas for children. It was the consensus of the City Council to direct staff to proceed with necessary zoning ordinance amendments to allow additional density at the West End development. Mr. Harmening stated that the City Council will receive a detailed presentation in July regarding affordable housing from an overall perspective and not just related to the West End project. It was the consensus of the City Council to table discussion regarding affordable housing in the West End project pending the Council's discussion of this topic in July. Ms. McMonigal stated that the Planning Commission will make a recommendation regarding the zoning ordinance amendments in July or August. ' 4. Highway 7/Louisiana Avenue Interchange Project Update Mr Olson presented the staff report. Mr. Olson advised that Phase 2 work has recently been concluded and Phase 3 work includes preliminary design and environmental assessment. He stated that the Project Management Team (PMT) has determined that Option 4 (Button Hook Ramp) is the preferred design for the interchange. He discussed the roundabouts and access to existing businesses. He stated that public meetings will be held in the coming months to provide stakeholders with an update on the project and to solicit feedback regarding the preferred concept. Councilmember Mavity requested information regarding how walkability and bikeability will be impacted in the area. Mr. Olson stated that Option 4 substantially improves pedestrian safety in the area. He added that the single roundabouts work well for bicycles. Study Session Minutes -4- June 28, 2010 Councilmember Finkelstein requested an update regarding the project's funding status. He stated that unless funding is received for the project, the City cannot complete this project. Mr. Rardin stated that grants have been applied for and staff has not heard anything regarding its grant requests. Mr. Harmening stated that the City Council is not being asked to approve any additional spending at this time; the project will continue to be refined via environmental work as well as holding public meetings with residents and business owners. He added that Phase 3 work will be completed pursuant to Council's direction. 5. Freight Rail Policy Ms McMonigal presented the staff report and two revised resolutions for Council's review. Resolution Relating to Freight Rail Activity Councilmember Sanger requested that the resolution relating to freight rail activity be amended to add a paragraph 4(f) that states "Creation of a whistle-free zone throughout the rail corridor." She also requested that paragraph 4(e) be revised to state "Creation of a freight rail single track corridor with significant right-of-way and safety barriers or fencing between the track and adjacent properties." Councilmember Santa asked if the term "corridor" is a defined term used by the railroad and whether the City's use of the term has any unintended consequences. Councilmember Mavity expressed concern about getting too specific in its conditions. Mr. Harmening suggested use of the words "safety measures" in place of safety barriers or fencing. The City Council agreed with this amendment. Mr. Harmening stated that staff will conduct additional research regarding the use of the term "corridor" and whether the term is a railroad-defined term that is contrary to Council's use. Councilmember Mavity requested clarification regarding the fourth whereas clause stating that St. Louis Park never consented to the realignment of freight rail traffic. She cited the position statement summary from 1999, adopted as part of the 2001 resolution, which states that "if at a future date it is determined that the Kenilworth Corridor is the most feasible route for mass transit and that they cannot coexist, freight rail traffic will be rerouted through St. Louis Park." She stated that the City is not consenting to it unless this condition is met. Study Session Minutes -5- June 28, 2010 Councilmember Sanger stated that the City never consented to the realignment of freight rail traffic as evidenced in the task force recommendations and 2001 resolution. She felt strongly that this statement should be included in the proposed resolution so that it is clear to the Hennepin County / Commissioners that the City never agreed to this. Councilmember Finkelstein suggested that this clause be revised to state "the City of St. Louis Park does not wish to have the realignment of freight rail traffic through our community." Councilmember Santa also suggested that this clause be revised to state "the City of St. Louis Park has always opposed the realignment of freight rail traffic through our community." She stated that this is a true and factual statement that can be supported by the record. The City Council agreed with revising this clause to state "the City of St. Louis Park has always opposed the realignment of freight rail traffic through our community." Councilmember Finkelstein suggested that the fifth "whereas" clause be revised to state "the City of St. Louis Park adopted the Railroad Task Force Recommendations of May 23, 2001 by Resolution No. 01-120, which included St. Louis Park's opposition to the rerouting of freight rail." The City Council agreed with this amendment. It was the consensus of the City Council to include a provision in the resolution for the creation of a whistle-free zone. Ms. McMonigal stated that paragraph 3 of this resolution will be amended to state "opposes the introduction of any additional rerouting of freight rail traffic through the City of St. Louis Park." Resolution Requesting Hennepin County Reanalyze the Potential Routes • It was the consensus of the City Council that the proposed amendments to this resolution were satisfactory. Councilmember Sanger stated that she was recently asked whether there was any potential interaction or implications of freight rail realignment on the issue of volatile organic compounds. Ms. McMonigal stated that the County has hired a firm to conduct this study as well as a formal environmental assessment Mr. Harmening stated that the final resolutions will be placed on the City Council agenda for formal action on July 6th. Study Session Minutes -6- June 28, 2010 Finalize City Council 2010 Workshop "Group Norms" Mr. Harmening presented the staff report and stated the group norms were discussed at the Council's workshop in February Ms. Gothberg presented the proposed group norms and requested Council's comments Councilmember Sanger indicated that she would like council to consider a norm that would indicate that at times, if context or facts changed, it is okay to put a previous decision back on the table. Councilmember Omodt said he disagreed with this. He said, once a decision is made, it is made and it is the council's job to make it work. Mayor Jacobs said that norms were the rules the council abides by and that if context and facts changed so much, that something needed to be brought back to the table, that it would be evident to all and could be brought back by standard channels. Council members indicated that they could support the norms without a clause in it about bringing back previous decisions. It was the consensus of the City Council to adopt the Group Norms, as amended by Council. 6. Communications (Verbal) None. The meeting adjourned at 9:21 p.m. Written Reports provided and documented for recording purposes only: 7. Municipal Service Center (MSC) Renovation Project Update 8. May 2010 Monthly Financial Report 9. Proposed Construction Assistance Progr. ' Poll Nancy Stroth, ity Clerk Jeff a ayor