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HomeMy WebLinkAbout2012/09/04 - ADMIN - Minutes - City Council - Regular I/I St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA SEPTEMBER 4, 2012 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: Steve Hallfin. Staff present: Deputy City Manager/Director of Human Resources (Ms. Deno), City Clerk (Ms. Stroth), Controller(Mr. Swanson), Finance Supervisor(Mr. Heintz), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Planner (Mr. Fulton), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Retirement Recognition Resolution for Matt Reilly Mayor Jacobs recited the Resolution Recognizing the Contnbutions of and Expressing Appreciation to Support Services Agent Matt Reilly and presented a plaque to Mr. Reilly in recognition of 30 years of service to the City. Mr. Reilly expressed thanks for the opportunity to serve the residents of St. Louis Park and stated it has been a great honor. 3. Approval of Minutes 3a. Study Session Minutes July 23, 2012 The minutes were approved as presented. 3b. City Council Meeting Minutes August 6, 2012 Councilmember Santa requested that the second line of the second paragraph under agenda item 9 on page 6 be revised to state "August 14, because some polling places may have changed due to redistricting and encouraged..." The minutes were approved as amended. 3c. Study Session Minutes August 13,2012 Councilmember Sanger requested that the fourth line of the first paragraph on page 4 be revised to state, "difference in setting the levy increase at 3.5% versus 4.0% was miniscule for each individual property owner and reminded Council..." City Council Meeting -2- September 4, 2012 The minutes were approved as amended. 3d. City Council Meeting Minutes August 20, 2012 The minutes were approved as presented. 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 Resolution No. 12-123 authonzing final payment in the amount of $2,275.00 and accepting the work for the elevator for Fire Station No. 1 with Schindler Elevator Corporation, Project No. 2008-3001, City Contract No. 98-11. 4b. Approve Contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for the 2012-2013 Winter Season. 4c. Enter into agreement with KOMA for completion of architectural and engineering design services, preparation of construction documents, and assistance with contract administration for the first floor City Hall remodeling project. 4d. Adopt Resolution No. 12-124 of the City Council of St. Louis Park, Minnesota, recognizing the contributions of and expressing appreciation to Support Services Agent Matt Reilly. 4e. Approve for filing Fire Civil Service Commission Minutes February 6, 2012. 4f. Approve for filing Planning Commission Minutes July 18, 2012. 4g. Approve for filing Vendor Claims. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar, and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Hallfin absent). 5. Boards and Commissions 5a. Reappointment of Citizen Representatives to the Community Education Advisory Commission It was moved by Councilmember Sanger, seconded by Councilmember Ross, to reappoint the following Commissioners as citizen representatives to the Community Education Advisory Commission with terms as follows: Name Term Expiration Gregg Lindberg 6/30/2015 Kristin Piper 6/30/2015 The motion passed 6-0 (Councilmember Hallfin absent). City Council Meeting -3- September 4, 2012 It was moved by Councilmember Sanger, seconded by Councilmember Ross, to appoint Osman Mire to the Housing Authority with term expiration of 6/30/2017. The motion passed 6-0 (Councilmember Hallfin absent). 6. Public Hearings 6a. On-Sale Intoxicating and Sunday Sale Liquor License — Raku Sushi & Lounge, Inc. Ms. Stroth presented the staff report and advised the City received an application for an on-sale intoxicating. and Sunday sale liquor license for Raku Sushi & Lounge to be located at 5371 Mtn Street West in the Shops at West End. She stated the premises will consist of 3,700 square feet and will have outdoor patio seating. She indicated that Raku Sushi & Lounge plans to open in October and will serve sushi and other entrees. She then introduced Mr. Xusheng Wang, the current owner. Mayor Jacobs opened the public heanng. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve application from Raku Sushi &Lounge, Inc.,for an on-sale intoxicating and Sunday sale liquor license to be located at 5371 16th Street West, with the license term through March 1, 2013. Councilmember Mavity stated she was excited to see another new business and welcomed Mr. Wang to the City. She reminded Mr. Wang about the City's Ordinance requiring at least 50% in food sales compared to liquor sales. Councilmember Sanger indicated Council was led to believe that the Shops at West End would have more traditional retail stores and not quite as many restaurants. She requested that staff provide Council with an update regarding the City's progress on attracting additional retail stores to the Shops at West End. Ms. Deno agreed to bring this matter to a study session for further discussion by Council. The motion passed 6-0 (Councilmember Hallfin absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Adoption of the 2013 Preliminary General and Park and Recreation Fund Budgets, 2013 Preliminary Property Tax Levy and Preliminary HRA Property Tax Levy. Resolution No. 12-125 and Resolution No. 12-126 Mr. Swanson presented the staff report and explained that on August 13, 2012, Council directed staff to prepare a 2013 Preliminary Property Tax Levy increase of 4% compared to the 2012 Final Property Tax Levy. He stated the 2013 Preliminary Property Tax Levy of $24,712,941 represents an increase of $950,190 over the 2012 levy. He reminded City Council Meeting -4- September 4, 2012 Council that the 2013 Preliminary Property Tax Levy approved tonight cannot be increased but can be decreased at the time of the Final Property Tax Levy meeting in December. He advised the HRA Levy has been used in the past for infrastructure improvements such as Highway 7/Wooddale and the City proposes to use the HRA Levy for the Highway 7/Louisiana Avenue project. He stated the recommended 2013 HRA Levy is $900,933 based on data from Hennepin County and represents the maximum levy consistent with the City's Long Range Financial Management Plan. He indicated the Truth in Taxation public hearing will be scheduled for December 3, 2012, and adoption of the 2013 Final Property Tax and HRA Levies and final 2013 budget will be scheduled for December 17, 2012. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to approve Resolution No. 12-125 Approving 2013 Proposed General and Park and Recreation Fund Budgets, 2013 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2013 Budget and Final Property Tax Levy. The motion passed 6-0 (Councilmember Hallfin absent). It was moved by Councilmember Santa, seconded by Councilmember Ross, to approve Resolution No. 12-126 Authorizing the Preliminary HRA Levy for 2013. The motion passed 6-0 (Councilmember Hallfin absent). 8b. First Reading of Ordinance for Street Renaming— 25'A Street West to Barry Street West Mr. Fulton presented the staff report and stated that Beth El Synagogue has requested that 251/2 Street be renamed Barry Street West. He noted there are no properties off 251/2 Street and Benilde St. Margaret's School has indicated its support of the request. He added the City has a policy of eliminating half streets when possible and any sign changes required by the street renaming will be funded by Beth El Synagogue. He introduced Mr. Gil Mann representing Beth El Synagogue. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve First Reading of Ordinance Renaming 25 '/2 Street West to Barry Street West and to set Second Reading for September 24, 2012. The motion passed 6-0 (Councilmember Hallfin absent). 8c. First Reading — Zoning Ordinance Amendment Pertaining to Mobile Food Vehicles and Catering. Mr. Momson presented the staff report and explained that the existing ordinance currently allows mobile food vehicles with conditions that are rather restrictive, e.g., temporary use for up to 14 days per calendar year and the owner is only allowed to sell outside what is being sold inside the building. He stated the proposed ordinance creates another category specific to mobile food vehicles and would allow mobile food vehicles on private non-residential properties with permission of the property owner, at events on public parks and in the public right-of-way if the right-of-way is closed as required by the City. He indicated the ordinance includes performance standards such as lighting and City Council Meeting -5- September 4, 2012 signage and will require only food and beverages to be sold. He explained the ordinance amendment regarding catering proposes to allow catering as an accessory use to religious institutions, community centers, and educational facilities in the R-1, R-2, and R-3 districts and the only condition attached is the prohibition of outside storage of vehicles used in conjunction with the catering. Councilmember Ross requested that action on this Zoning Ordinance amendment be split into two actions and requested that the Zoning Ordinance Amendment regarding catering be pulled from the agenda and placed on a study session agenda. She added she was in agreement with the Zoning Ordinance amendment regarding mobile food vehicles. She asked if mobile food vehicles would be allowed to park overnight during events such as Parktacular. Mr. Momson advised that conditions attached to the mobile food vehicles would allow the vehicles to be parked overnight during events such as Parktacular. Councilmember Santa asked how this will work during an event like the 4`h of July where events are held in the park for one night and the surrounding streets are not closed. Mr. Momson replied that the ordinance will require the mobile food vehicles to be located on the park premises in the parking lot or elsewhere as permitted by the Parks Department and not parked in the street. Councilmember Sanger asked if the City has special parking requirements for the employees who are coming on-site to do catering operations and requested that this issue be addressed in the ordinance. She stated there was nothing in the ordinance limiting the size of signage on mobile food vehicles and indicated she did not want to see large billboards attached to mobile food vehicles. She requested that the ordinance include signage standards and size limitations. She added the ordinance also does not address whether mobile food vehicles can sell alcoholic beverages. Mr. Momson stated that ordinances from other communities were reviewed in drafting the mobile food vehicle ordinance and signage is limited to that which is permanently attached to the vehicle. Councilmember Sanger requested that staff determine the average size of signs placed on mobile food vehicles and put limits on signage size in the ordinance as well as prohibit signs to be placed on top of the mobile food vehicles. Ms. Deno stated that alcoholic beverages are not allowed to be sold from the mobile food vehicles. Councilmember Sanger requested that the ordinance specifically state that alcoholic beverages are not allowed to be sold from the mobile food vehicles. Councilmember Mavity requested clarification regarding the lighting requirements and asked if the ordinance will contain hours of operation. She stated she had concerns from a safety standpoint about making sure there is sufficient lighting and also had concerns about lighting from a nuisance standpoint. She requested further information regarding what other communities have done with respect to hours of operation. City Council Meeting -6- September 4, 2012 Mr. Morrison stated the ordinance does not include hours of operation because events will vary depending on the specific event. He added that lights are required by law and staff wanted to make sure the ordinance is not inadvertently prohibiting any type of required lighting on vehicles. Councilmember Spano felt the City would have fewer complaints regarding lighting and/or signage than complaints regarding noise because a lot of food trucks run a generator, which is quite loud. He requested that staff provide Council with information on how it will address any noise issues. Councilmember Sanger indicated that some food trucks have loud music playing and suggested adding some noise restnctions. It was moved by Councilmember Ross, seconded by Councilmember Sanger, to table First Reading of Ordinance Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-4, 36-82, 36-163, 36-164, and 36-165 pending further discussion at a study session. The motion passed 6-0 (Councilmember Hallfin absent) 8d. Minnehaha Creek Remeander EAW Record of Decision and Conditional Use Permit for Excavation/Fill and Work in the Floodplain. Resolution No. 12- 127 and Resolution No. 12-128. Mr. Fulton presented the staff report and explained the Minnehaha Creek remeander project includes adding bends to restore the creek's functionality, adding a trail, modifying the canoe landings, as well as adding storm water benefits adjacent to Excelsior Boulevard. He stated the City was the Responsible Government Unit for the EAW completed by the Watershed District consultants and comments were received from Mn/DOT, Met Council, DNR, and MPCA, which are summarized in the findings of fact. He stated the City's review and comments are complete and the City found no need for an environmental impact statement. He explained that the CUP is needed to allow for grading, excavation, fill and work in the FP - General Floodplain Overlay District. Approximately 16,000 cubic yards of soil material will be moved as part of the project. He stated that the hauling will occur primarily internal to the site and not within residential neighborhoods. He indicated that the work in the floodplain will result in no net increase in flood stage elevation and no danger to people upstream. In addition, the trail and boardwalk uses are permitted uses in the FP Overlay District and will not impact the floodplain. He advised that funding for the trail has not yet been identified and the City is working with the Watershed District to identify funds for this portion of the project, adding that this work can happen later because the trail will be built after the stream remeander and storm water improvements are completed. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt Resolution No. 12-127 Approving Record of Decision and the Negative Declaration of Need for an Environmental Impact Statement for the Minnehaha Creek Reach 20 Restoration City Council Meeting -7- September 4, 2012 Councilmember Mavity indicated she was excited about adding on to what Park Nicollet and the Watershed District have done in this area to provide access to this waterway. She asked if there is a bridge included in the area behind the Municipal Service Center. Mr. Fulton replied that there is a bndge, and the trail follows the south side of the creek along the Meadowbrook property. To avoid wetland impacts, trail users continuing west would cross the creek and travel on the north side, south of the MSC. Councilmember Mavity added that this bridge and access point brings all of the Meadowbrook apartments within walking distance of the proposed light rail station and is an exciting ancillary benefit of this project. The motion passed 6-0 (Councilmember Hallfin absent). It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 12-128 Granting Conditional Use Permit Under Sections 36-79 and 36- 294 of the St. Louis Park Ordinance Code, Relating to Zoning to Permit Excavation, Fill, and Work in the Floodplain for Property Zoned POS-Parks and Open Space, IG — General Industrial, RC — High Density Multi-Family Residential, and FP — General Floodplain Overlay Districts, Locating Along Minnehaha Creek Between Meadowbrook Road and Louisiana Avenue South. Councilmember Ross stated the action taken by Council on this project seems highly irregular given that the City has not yet secured funding for the trail portion of the project and requested further information regarding this funding. She added she wanted to make sure residents know the City is not picking up the bill for the trail portion of the project. Mr. Fulton advised that the remeander project was initiated by the Watershed District and the City, in collaboration with the Watershed District, received approximately $300,000 from the Clean Water Fund to be used toward engineenng costs and construction and that total construction costs for this project are approximately$1.2 million, with all funds paid either through the Clean Water Fund or the Watershed District. He stated there are advantages to doing the trail work concurrent with the grading and the Watershed Distnct has agreed that rough grading of the trail area will occur during construction. Mr. James Wisker, Minnehaha Creek Watershed District, appeared before the City Council and stated this project represents an expansion of the concept that was developed at Methodist Hospital and is intended to provide open access to the creek and also for the health of the creek system itself, which has been designated as an impaired water by the state. He explained the Watershed District is paying for this project through its ad valorem district wide levy and the trail portion of the project has been identified in the City's Comprehensive Plan as a desirable place consistent with the Watershed District's vision to create a regional park system around Minnehaha Creek that strengthens community connections and includes a trail system that will connect to the regional trail along the light rail and allow passage into the City of Hopkins. He stated that they have been working with City staff, Hennepin County, and Three Rivers Park District to explore all available opportunities for trail funding. He added the trail will be bid as an alternate on this project so that if funding is secured, the Watershed District can exercise that alternate and implement the trail system. The motion passed 6-0 (Councilmember Hallfin absent). City Council Meeting -8- September 4, 2012 Mr. Wisker invited any interested Councilmembers to tour the site and meet with the Watershed District Board to review the project further. He added the Planning Commissioners were extended this invitation as well. 9. Communications Mayor Jacobs reminded residents to watch for children and school buses now that school is back in session. Councilmember Santa reminded residents there will be no City Council meeting on September 17th because of Rosh Hashanah. She stated that STEP will be having a fundraiser on Monday, September 24th, at McCoy's from 4:00-10:00 p.m. with 25% of all food and non-alcoholic beverage sales donated to STEP. She added that on Fnday, September 28`h, a fundraiser for STEP will be held at Westwood Lutheran Church and will include bridge and 500 card games; interested residents can contact STEP or her for information. 10. Adjournment The meeting adjourned at 8:20 p.m. Nancy Stroth, Cit 1 Clerk Jeff Jac', e s/ .you