HomeMy WebLinkAbout2012/05/07 - ADMIN - Minutes - City Council - Regular IflSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK,MINNESOTA
MAY 7,2012
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan
Sanger, Sue Santa, and Jake Spano.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Deputy City
Manager/Human Resources Director (Ms. Deno), Director of Community Development (Mr.
Locke), Director of Public Works (Mr. Rardin), Housing Programs Coordinator (Ms. Larsen),
Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison),
Communications Coordinator (Mr. Zwilling), Engineering Project Manager (Mr. Olson), and
Recording Secretary(Ms. Hughes).
la. Pledge of Allegiance
lc. Roll Call
2. Presentations
2a. Recognition of Board and Commission Members
Mayor Jacobs stated that certificates will be presented to the following Board and
Commission members recognizing their service to the City:
• Darla Aman—Human Rights Commission(March 2011-Dec. 2011)
• Christina Barberot—Parks &Rec Advisory Commission (March 2009-Dec. 2011)
• Matthew Flory—Police Advisory Commission(March 2010-Jan. 2012)
• Sam Flumerfelt—Parks & Rec Advisory Commission - Youth (Aug. 2009-June 2011)
• Lordia Fok—Human Rights Commission(March 2011-Jan. 2012)
• Andrew Ford—Planning Commission— Youth (March 2009-Aug. 2011)
• Steve Hallfin—Parks &Rec Advisory Commission (April 2004-Dec. 2011)
• Tnnicia Hill—Housing Authority(August 2006-March 2012)
• Ken Huiras—Police Advisory Commission (March 2009-Dec. 2011)
• Allison Knoche-Prosser—Human Rights Commission (Aug. 2009-Dec. 2011)
• Stuart Morgan—Human Rights Commission (Feb. 2008-Aug. 2011)
• Michael Mulligan—Telecommunications Advisory Commission (July 2008-Dec. 2011)
• Jenna Sheldon—Telecommunications Advisory Commission Youth (Nov. 2010-Oct.
2011)
• Isabella Stewart—Human Rights Commission Youth (Dec. 2009-Aug. 2011)
• Alexa Trussoni-Cushman—Police Advisory Commission (March 2009-Dec. 2011)
• Brittney Turner—Charter Commission (February 2008-August 2011)
Mayor Jacobs expressed the City Council's thanks and appreciation to all Board and
Commission members.
City Council Meeting -2- May 7, 2012
2b. 2012 National Public Works Week Proclamation
Mayor Jacobs recited the 2012 National Public Works Week Proclamation and thanked
Mr. Rardin and his staff for their exceptional service to the City.
Mr. Rardin thanked the City Council for recognizing the Public Works Department.
Councilmember Ross expressed her personal thanks to Mr. Rardin and the Public Works
staff and stated she has heard from residents in other communities that they are envious
of St. Louis Park's clean streets and the great job it does with snow and ice removal.
3. Approval of Minutes
3a. Study Session Meeting Minutes April 9, 2012
Councilmember Mavity requested that the second sentence in the final paragraph on page
4 be revised to state "She referenced the second bullet under goal #5 which states
affordable housing units should be disbursed throughout the City and not concentrated in
any one area of the City or any one development and felt that the words 'or any one
development' should be deleted or modified because there may be times, based on
business reasons, that = - . .. . - -- -- •o - it may be appropriate if located
next to other high end luxury apartments."
Councilmember Ross requested that the tenth paragraph on page 7 be revised to state
"Councilmember Ross did not think it was feasible for the City to start legislating what
stores can sell or use, e.g., no plastic bags, no plastic water bottles. She questioned who
would be responsible for the enforcement of measuring trash and recyclables and the cost
to the City. She stated that some residents are unable to recycle and urged Council to be
realistic in its goals. She added that drop-off locations for recycling of batteries and CFL
bulbs should be as easy and convenient as possible for residents. She stated she would
like to see additional drop-off sites for recycling."
The minutes were approved as amended.
3b. Special Study Session Meeting Minutes April 16, 2012
The minutes were approved as presented.
3c. City Council Meeting Minutes April 16, 2012
The minutes were approved as presented.
3d. Study Session Meeting Minutes April 23, 2012
Councilmember Ross requested that a paragraph be added after the first paragraph on
page 2 that states "Councilmember Ross questioned the cost of converting to RCV and
the return on investment."
Councilmember Sanger requested that the first sentence of the third paragraph on page 4
be revised to state "Councilmember Sanger suggested that the language be revised to
City Council Meeting -3- May 7, 2012
state that the City Council will not appoint a board or commission member
to serve concurrently on more than one board or commission."
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 the second reading of an Ordinance No. 2414-12 approving the Business
Park Zoning District, approve the summary ordinance, and to set the date of
publication for May 17, 2012.
4b. Designate Midwest Asphalt Corporation the lowest responsible bidder and
authorize execution of contract with the firm in the amount of$1,587,468.05 for
the 2012 Local Street Rehabilitation Project (Area 8) - Project Nos. 2011-1000 &
2012-1400.
4c. Accept Donation from Residential Mortgage Group in the amount of$300. The
Fire Department would like to use the donation for restoration of the 1928
American LaFrance fire truck.
4d. Approve an Encroachment Agreement at 1600 West End Boulevard for
Temporary Private Use of Public Land for outdoor dining.
4e. Grant the City Manager authority to administratively approve work extras (change
orders and minor extra work) for an additional $100,000 limit for City Projects
2008-3001 and 2008-3002 (Fire Stations Replacement), in accordance with the
City Council's existing policy.
4f. Adopt Resolution amending and restating Resolution No. 10-026 adopted March
15, 2010 approving rules and procedures for Boards and Commissions.
4g. Accept a donation from Chandler Dykes in the amount of$46.53 for Westwood
Hills Nature Center.
4h. Designate Xterior Xperts the lowest responsible bidder and authorize execution of
contract with the firm in the amount of $180,409.00 for the replacement of
Standing Seam Roofs on various Park Buildings, Project No. LMC11076951.
4i. Approve for Filing Human Rights Commission Minutes of March 20, 2012.
4j. Approve for Filing Planning Commission Minutes of Apnl 4, 2012.
4k. Approve for Filing Vendor Claims.
Mr. Harmening requested that Consent Calendar item 4f be removed and placed on the
Regular Agenda due to some minor modifications to the rules and procedures for Boards
and Commissions.
It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve
the Agenda and items listed on the Consent Calendar as amended to move Consent
Calendar item 4f to the Regular Agenda as item 8g; and to waive reading of all
resolutions and ordinances.
The motion passed 7-0.
City Council Meeting -4- May 7, 2012
5. Boards and Commissions—None
6. Public Hearings—None
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Gambling Premise Permit for Hopkins Raspberry Festival Association
Resolution No. 12-063
Ms. Deno presented the staff report and explained that Hopkins Raspberry Festival
Association is requesting a premises permit for lawful gambling at Toby Keith's. She
added that Council has previously discussed this matter and two options are presented for
action by Council.
Councilmember Sanger stated she has concerns about the application that do not go to the
merits of Hopkins Raspberry Festival Association, but rather to Toby Keith's where the
lawful gambling will take place. She indicated that the liquor license for Toby Keith's
has been on probation for over one year due to lack of compliance with the City's
ordinance requirements related to food and liquor sales. She stated that one of the
requirements for having a charitable gambling license is to be in compliance with the
City's requirements and Toby Keith's has not been in compliance. She added it is known
that there is an association between gambling and alcohol and stated she has concerns if
the premises permit is approved at Toby Keith's, it would be contrary to the requirement
that businesses must be in compliance with the City's liquor ordinance. She added the
premises permit may put Toby Keith's in a situation that might undermine their efforts to
come into compliance with the City's liquor ordinance.
It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to adopt
Resolution No. 12-063 Denying Issuance of a Premises Permit for Lawful Gambling to
be Conducted by Hopkins Raspberry Festival Association, Inc., at Toby Keith's I Love
This Bar& Grill, 1623 Park Place Boulevard
Councilmember Ross acknowledged Councilmember Sanger's concerns and stated there
is no clear language in the City's Ordinance or State law that precludes a gambling
permit being granted to a business that is on probation. She added if Toby Keith's does
not meet the City's ordinance requirements with respect to food sales, Toby Keith's
would be on probation or out of business. She stated she hoped that Toby Keith's can get
their food sales up but did not feel it was the City's job to babysit these businesses.
Councilmember Sanger stated that once a premises permit is granted, it is difficult to take
it away and she would rather deny the premises permit now and indicate to Toby Keith's
that once they are in compliance with the Ordinance, an application can be submitted for
a premises permit and the City can consider the application on the merits at that time.
Councilmember Ross asked if it was correct to state that if Toby Keith's is not in
compliance with the City's Ordinance requirements and does not hold a liquor license,
they cannot sell pulltabs.
City Council Meeting -5- May 7, 2012
Mr. Scott stated it was correct that Toby Keith's cannot sell pulltabs if they are not in
compliance with the City's Ordinance requirements. He added Toby Keith's is not
currently in compliance because they are not meeting the City's 50-50 rule on food and
liquor sales. He stated Toby Keith's holds a liquor license but is currently on
probationary status while the City Council monitors that situation.
The motion passed 6-1 (Councilmember Ross opposed).
8b. Darchei Noam Synagogue — Conditional Use Permit and Preliminary/Final
Plat. Resolution No. 12-064; Resolution No. 12-070
Ms. McMonigal presented the staff report and site plan for a new synagogue at 2950
Joppa Avenue South. She advised that one existing single family home will be removed
from the site, trees will be preserved on the southwest corner, an outdoor seating area will
be included on the south side of the building, and a new sidewalk will be constructed
along Joppa Avenue. She stated that 27 parking spaces are required and the applicant has
provided eight on-street parking spaces as well as 19 spaces in a new parking lot. She
noted the applicant has secured additional parking at Torah Academy if needed. She
stated that 16 trees are required and 35 trees have been provided and 94 shrubs are
required with 42 being provided; however, using the Alternative Landscaping provisions
in the Code, the applicant meets all landscaping requirements. She presented a drawing
of the proposed building and state it meets all of the City's architectural requirements.
She stated the preliminary/final plat request is required because a small portion of the
existing lot is unplatted and this will clean up the property description. She noted the
property owner next door spoke at the public hearing about work planned on the property
and the plans have since been revised so this development will not include any work on
the neighbor's property. She then introduced Jay Isenberg, architect.
Mr. Jay Isenberg appeared before the City Council and thanked the City Council for the
opportunity to present their project. He stated they engaged in a collaborative process
with the City which has resulted in successful planning for a difficult site that is in
compliance with City Code, particularly related to parking. He indicated they feel they
have addressed all concerns related to pedestrian safety, parking, and their relationship
with the neighbor to the west, and they feel the new building will be a great addition to
the community and energize development along Minnetonka Boulevard. He advised that
construction will take approximately six months to complete and they plan to send the
project out for bid this summer.
Councilmember Spano asked if the interior walls of the building could be reconfigured to
serve a large group, e.g., 150 people. He stated that with another synagogue so close to
this area and parking in the neighborhood at a premium, he wanted to make sure there
was adequate on-street and off-street parking available. He added the west side of Joppa
does not currently have a sidewalk and if an agreement with Torah Academy is reached
to provide overflow parking, he would advocate for adding a sidewalk on the west side of
Joppa as part of the City's sidewalk plan to make sure people coming to temple are safe.
He also asked if Bais Yisroal has the same parking agreement with Torah Academy.
Mr. Isenberg stated that the building includes a social hall that can be opened up to
handle large events periodically.
City Council Meeting -6- May 7, 2012
Mr. Mark Frederickson, 2851 Joppa, appeared before the City Council and stated he did
not know if Bais Yisroal has an agreement with Torah Academy for parking and added
he is aware that they park on the street. He indicated he recently counted approximately
twenty cars parked between Sunset and Joppa and some cars parked on Sunset. He
agreed there should be a sidewalk on the west side especially if people are parking at
Torah Academy.
Councilmember Sanger expressed support for the new synagogue and stated she wanted
to be clear that the parking issues in this area are not caused by the applicant here today.
She indicated that the drivers in the area associated with Bais Yisroal leave their cars on
both sides of the street between Sunset and Minnetonka Boulevard and spill over onto
Joppa and it was her understanding that when Bais Yisroal was built, the City did not
require them to install sufficient parking spaces so all the on-street parking spaces are
being taken. She felt the City's parking ordinance has an inherent assumption that nearby
land uses have different peak hours and can share on-street parking but that does not
work in this situation where two identical uses have the same peak parking needs. She
added the City's ordinance also gives a discount for parking spaces given the proximity
to a bus system, but the congregation members do not live along Minnetonka Boulevard
and live in an area where there is no bus that goes to the new congregation. She
requested a study session discussion regarding the City's parking ordinance to see if
changes should be made to better address this type of situation in the future.
It was moved by Councilmember Sanger, seconded by Councilmember Spano, to adopt
Resolution No. 12-064 Granting Conditional Use Permit Under Section 36-166 of the St.
Louis Park Ordinance Code Relating to Zoning to Permit Construction of a Religious
Institution in a Residential District for Property Zoned R-4 Multi family Residential
District located at 2950 Joppa Avenue South. A second motion was made by Council
Member Sanger and seconded by Council Member Spano to adopt Resolution No. 12-
070 approving a Preliminary and Final Plat for Darchei Noam.
The motion passed 7-0.
8c. Project Report: Street Project - MSA Street Rehab (Louisiana Ave.) Project
#2011-1100. Resolution No. 12-065
Mr. Olson presented the staff report and 2012 MSA street project for Louisiana Avenue.
He explained the project includes 2" of mill and overlay, some curb repair, minor storm
sewer repairs, updating the pedestrian curb ramps, and new pavement stnping in its
current configuration. He indicated that Mn/DOT is currently reviewing the project and
it is anticipated that approval will be received in mid-May. He indicated the project will
last four weeks and the road will remain open during construction but will be reduced to
one lane in each direction, requiring that on-street parking be restricted to maintain traffic
flow. He stated that notifications will be sent to residents along Louisiana Avenue before
the project begins and updates will be available on the City's website. He stated the cost
estimate is $343,730 for construction with funding provided through State Aid funds
obtained through gas tax monies. He added the project will be awarded on June 18,
2012, with construction beginning in mid-July.
City Council Meeting -7- May 7, 2012
Councilmember Santa stated this project involves an MSA street so the funding is
different from the City's Pavement Management Program that addresses neighborhood
streets.
Councilmember Sanger requested clanfication regarding resident's ability to park in front
of their homes during construction and whether residents will be able to access alleys and
garages.
Mr. Olson explained that a majority of homes in the project area have alleys which will
not be restricted during construction. He stated that on-street parking will not be allowed
during construction, however those homes where on-street parking is on the south side
will have access to their alleys and driveways at all times.
It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt
Resolution No. 12-065 Accepting the Project Report, Establishing Improvement Project
No. 2011-1100, Approving Plans and Specifications, and Authorizing Advertisement for
Bids for Improvement Project No. 2011-1100
The motion passed 7-0.
8d. Establishment of Westwood Villa Association Inc. Housing Improvement
Area (HIA). Ordinance No. 2413-12; Resolution No. 12-066
Ms. Larsen presented the staff report and stated that a public hearing was held on April
16, 2012, regarding establishment of the Westwood Villa HIA. She indicated at that
time, a strong majority of residents who testified supported the request to establish the
Westwood Villa HIA. She advised that under the HIA, the City would lend a maximum
of$2,185,000 to make improvements to the building under a twenty-year loan at 5.5%
interest with fees payable with the property owner's real estate taxes or residents can
prepay the fee. She presented a revised resolution that sets the interest rate at 100 basis
points higher than the true interest cost on the bonds, which is consistent with the
Greensboro HIA. She noted the intention remains the same and includes notice of the
right to file an objection within a veto period of 45 days and if this occurs, state statute
requires the HIA not be put in place.
Councilmember Ross asked what the deadline is for the veto period.
Ms. Larsen replied the deadline is June 21, 2012, assuming the HIA is approved this
evening.
Councilmember Ross stated she visited the property after the April 16th public hearing
and saw firsthand the major areas to be addressed, particularly related to the safety issues.
She stated she also had a chance to speak with several homeowners and with the
exception of one homeowner, they were all in favor of the HIA. She indicated this work
needs to be done and the HIA is the best way to go about it with a 20-year repayment
term.
It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve
Second Reading and adopt Ordinance No. 2413-12 Establishing the Westwood Villa
City Council Meeting -8- May 7, 2012
Association Inc. Housing Improvement Area Pursuant to Minnesota Statutes Sections
428A.11 to 428A.21.
The motion passed 7-0.
It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt
Resolution No. 12-066 Approving a Housing Improvement Fee for the Westwood Villa
Association Inc. Housing Improvement Area Pursuant to Minnesota Statutes Sections
428A.11 to 428A.21.
The motion passed 7-0.
It was moved by Councilmember Ross, seconded by Councilmember Santa, to authorize
execution of Contract for Private Development and any other related documents, by the
Mayor and City Manager, between the City and Westwood Villa Association Inc., in a
form consistent with the terms of the ordinance and resolution.
The motion passed 7-0.
8e. SLP High School Stadium Turf Replacement—Conditional Use Permit
Resolution No. 12-067
Mr. Morrison presented the staff report and stated the applicant is requesting a
Conditional Use Permit (CUP) to import/export 11,000 cubic yards of soil at the high
school athletic field and will replace the natural grass field with synthetic turf. He
indicated that trucks will enter the site to the south of the property and will take the most
direct route to and from Highway 7 and no more than 400 trips will be required. He
stated City Code allows activities between 7:00 a.m. and 10:00 p.m. Monday-Friday and
9:00 a.m. to 10:00 p.m. on weekends and staff recommends adding a condition
shortening that timeframe to 7:00 a.m. to 7:00 p.m. Monday-Friday and 9:00 a.m. to 7:00
p.m. on weekends. He advised the project will be completed during June and early July
and the lighting and seating capacity at the athletic field will not be altered during this
project. He then introduced Sandra Salin from St. Louis Park High School and Paul
Apilkowski from Wold Architects.
Councilmember Mavity stated she appreciated that the timing of the project will take
place after the school year; however, there are a lot of activities that occur at this time of
summer with a lot of people going to the high school. She expressed concern about
safety issues with the trucks leaving the frontage road going east to Wooddale and asked
that the School work with the City on alerting the trucks about the high number of
pedestrians in this area.
Mr. Apilkowski appeared before the City Council and acknowledged Councilmember
Mavity's concerns. He stated they are currently working on a contract with Peterson
Contracting and agreed to have a meeting with all parties to talk about hauling operations
and safety issues.
It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt
Resolution No. 12-067 Granting Conditional Use Permit Under Section 36-79 of the St.
Louis Park Ordinance Code Relating to Zoning to Permit the Exporting and Importing of
City Council Meeting -9- May 7, 2012
Approximately 11,000 Cubic Yards of Material for Property Zoned in the C-2 General
Commercial District Located at 6525 Lake Street West
Councilmember Hallfin stated the turf replacement will be a nice improvement and the
City will be able to use this field in concert with the School District. He advised that
there are other things that need to be updated at the field and urged the City to partner
with the School District to get the facility updated.
The motion passed 7-0.
8f. Eldridge 4th Addition—Preliminary and Final Plat
Resolution No. 12-068
Mr. Morrison presented the staff report and advised that Ridge Creek Custom Homes has
submitted a request for a preliminary and final plat at 4225 Wooddale and 4218 and 4222
Raleigh. He explained there are three properties in the plat, which will be reconfigured
into two lots. He stated the larger lot facing Wooddale has an existing home and the two
smaller lots are vacant. He presented a site map showing additional drainage and utility
easements and stated the side easement has been extended to ten feet along the west
property line to accommodate the storm water drainage in this area. He then introduced
Rob Eldridge from Ridge Creek Custom Homes.
It was moved by Councilmember Mavity, seconded by Councilmember Ross, to adopt
Resolution No. 12-068 Giving Approval for Preliminary and Final Plat of Eldridge 4th
Addition.
The motion passed 7-0.
8g. Adopt Resolution Amending and Restating Resolution No. 10-026 adopted
March 15, 2010, Approving Rules and Procedures for Boards and
Commissions
Resolution No. 12-069
Mr. Harmening explained the policy was amended pursuant to earlier Council discussion
and Councilmember Sanger pointed out that Section C of the policy should be clarified to
state that the Charter Commission is not included in the prohibition of concurrent
membership noted in Sections B and C. He stated that Section A identifies which
commissions are impacted by the policy and Section C clarifies that this does not include
the Charter Commission.
Councilmember Sanger suggested that the last sentence of Section C be revised to delete
the reference to "student"because student could refer to a person of any age and to make
clear that only youth are exempt from this provision.
It was moved by Councilmember Sanger, seconded by Councilmember Spano, to adopt
Resolution No. 12-069 Amending and Restating Resolution No. 10-026 Adopted March
15, 2010, Approving Rules and Procedures for Boards and Commissions, as further
amended to delete the reference to "student"in the last sentence of Section C.
City Council Meeting -10- May 7, 2012
Councilmember Santa requested confirmation that the policy addresses only those boards
that the City Council appoints and does not include Community Education or the School
Board.
Mayor Jacobs stated that this was correct.
The motion passed 7-0
9. Communications
Mayor Jacobs thanked the five homeowners who allowed people into their homes during
the recent remodeling tour.
Councilmember Mavity reminded residents of the Tree Climbing Championship on
Saturday, May 12th, at Oak Hill Park from 8:00 a.m. to 12:00 noon.
Councilmember Hallfin stated that three baseball fields will be opened on Saturday, May
12`h, at 11:00 a.m. at Rotary Field at Northside Park.
Mr. Harmening stated there will be a ribbon cutting ceremony and open house for Fire
Station#2 on Saturday, May 12`h, at 10:00 a.m. next to Northside Park.
Mayor Jacobs reminded residents of the Children First Ice Cream Social on Sunday, May
20`h, from 2:00-5:00 p.m. at Wolfe Park. He thanked Sebastian Joe's for once again
providing the ice cream.
10. Adjournment
The meeting adjourned at 8:47 p.m.
I‘6(4
Nancy Stroth, ity Clerk Jeff J. ob;, ' ayor