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HomeMy WebLinkAbout2014/07/07 - ADMIN - Minutes - City Council - Regular I11 St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST.LOUIS PARK,MINNESOTA JULY 7, 2014 1. Call to Order Mayor Pro Tern Mavity called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Pro Tern Anne Mavity, Tim Brausen, Steve Hallfin, Gregg Lindberg, Susan Sanger, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Director of Community Development (Mr. Locke), Director of Engineering (Ms. Heiser), Planning and Zoning Supervisor(Ms. McMonigal), Senior Engineering Project Manager (Mr. Sullivan), Civic TV Coordinator(Mr. Dunlap), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Communication of Donation Appreciation Mayor Pro Tem Mavity expressed the City Council's appreciation for the donations from Nordic Ware, Cub Foods, and Costco for the 2014 Fire Department open house. 3. Approval of Minutes 3a. Study Session Minutes June 9,2014 The minutes were approved as presented. 3b. Special Study Session Minutes June 16,2014 The minutes were approved as presented. 3c. City Council Meeting Minutes June 16, 2014 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. City Council Meeting -2- July 7, 2014 4a. Adopt Resolution No. 14-081 appointing additional Election Judges needed to staff the polls at the State Primary and General Elections to be held August 12 and November 4, 2014. 4b. Approve a Temporary On-Sale Intoxicating Liquor License for Church of the Holy Family at 5900 West Lake Street for August 9, 2014. 4c. Accept for filing City Disbursement Claims for the period of May 24 through June 27, 2014. 4d. Moved to 8d. 4e. Adopt Resolution No. 14-082 authorizing the special assessment for the repair of the water service line at 2721 Louisiana Avenue South, St. Louis Park, MN P.I.D. 08-117- 21-42-0062. 4f. Adopt Resolution No. 14-083 authorizing the special assessment for the repair of the water service line at 1673 Virginia Avenue South, St. Louis Park, MN P.I.D. 06-117- 21-44-0064. 4g. Adopt Resolution No. 14-084 authorizing the special assessment for the repair of the sewer service line at 7900 31st Street West, St. Louis Park, MN P.I.D. 17-117-21-22- 0026. 4h. Approve updates to the Joint Cooperation Agreement between St. Louis Park and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant Program (CDBG) and the Resolution No. 14-085 required for participation for fiscal years 2015-2017. 4i. Adopt Resolution No. 14-089 approving a minor amendment to the Pointe West Commons Planned Unit Development (PUD) to amend Exhibit A-Site Plan to allow a 28.0 foot minimum front setback instead of 30.0 feet for the Springhill Suites Hotel. 4j. Adopt Resolution No. 14-086 accepting donations to the Fire Department. 4k. Moved to 8c. Councilmember Spano requested that consent calendar item 4k be removed and placed on the Regular Agenda. Councilmember Hallfin requested that consent calendar item 4d be removed and placed on the Regular Agenda. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar items 4k and 4d to the Regular Agenda as items 8c and 8d, respectively; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Mayor Jacobs absent). 5. Boards and Commissions -None 6. Public Hearings 6a. Blackstone Bistro—On Sale Intoxicating and Sunday Sale Liquor License Ms. Stroth presented the staff report and stated that Blackstone Bistro has requested an on sale intoxicating and Sunday liquor license at 3808 Grand Way and the premises will City Council Meeting -3- July 7, 2014 consist of 4,495 square feet with indoor seating for 120 and patio seating for 20 and the restaurant plans to open in October. She introduced Mr. Sharif Mobasher, sole owner. Mayor Pro Tem Mavity opened the public hearing. No speakers were present. Mayor Pro Tem Mavity closed the public hearing. It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to approve application from Blackstone Bistro, LLC, dba Blackstone Bistro, for an on sale intoxicating and Sunday sale liquor license to be located at 3808 Grand Way with the license term through March 1, 2015. The motion passed 6-0 (Mayor Jacobs absent). 6b. SuperValu—Off Sale Intoxicating and Off Sale 3.2 Malt Liquor Licenses Ms. Stroth presented the staff report and stated that SuperValu, Inc., dba Cub Foods, has requested an off sale intoxicating liquor license for its Cub Liquor Store and an off sale 3.2% malt liquor license for the grocery store opening at 5370 16th Avenue, the site formerly occupied by Rainbow Foods. She stated that Rainbow Foods previously operated with the same liquor licenses since 2009 and the premises will remain the same with separate entrances for the liquor store and grocery store. She then introduced Mr. Pete Korkowsky, SuperValu District Manager, and Mr. Andrew Schinka, Store Manager. Mayor Pro Tem Mavity opened the public hearing. No speakers were present. Mayor Pro Tern Mavity closed the public heanng. Councilmember Spano requested confirmation that Cub would be providing the same services that were offered by Rainbow and that this is essentially a name change. Ms. Stroth stated that Cub would be providing the same service offered by Rainbow; in addition, SuperValu will have to renew its liquor licenses every year. It was moved by Councilmember Brausen, seconded by Councilmember Sanger, to approve applications from SuperValu, Inc., dba Cub Liquor,for an off sale intoxicating liquor license; and from SuerValu, Inc., dba Cub Foods,for an off sale 3.2%malt liquor license located at 5370 16' Avenue with the license term through March 1, 2015. The motion passed 6-0 (Mayor Jacobs absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Southwest LRT Municipal Consent Resolution. Resolution No. 14-_ 8b. Southwest LRT Memorandum of Understanding Mr. Locke presented the staff reports and stated the municipal consent resolution includes a restatement of the City's longstanding support for Southwest LRT and support for the current plan and handling of freight rail in the Kenilworth corridor with no rerouting of freight onto the MNS line in St. Louis Park. He explained that seven primary outstanding City Council Meeting -4- July 7, 2014 issues have been identified in the municipal consent resolution and the municipal consent resolution satisfies all statutory requirements and acknowledges the City's intent to enter into a Memorandum of Understanding (MOU) with Met Council to continue working on outstanding issues in a cooperative fashion toward mutually acceptable solutions. Mr. Harmening advised that Council could approve the municipal consent resolution and MOU this evening with the understanding that staff would present Council with a revised MOU based on further conversations with Met Council. He stated that Met Council staff has not identified any substantive issues with the MOU but Met Council's legal counsel wants to make some formatting changes and add some boilerplate language. He stated that another option is for Council to approve the municipal consent resolution and defer action on the MOU until the final draft is ready and another option is to table action on the municipal consent resolution until July 14, 2014, the deadline for all cities to provide municipal consent. He noted that the suggestion to defer action on the municipal consent resolution relates to recent media reports about an agreement reached between Minneapolis and Met Council and the fact that a special CMC meeting has been scheduled for July 10t at which time the CMC will receive a briefing on the agreement between Minneapolis and Met Council. He stated that deferring action this evening might provide additional time to answer the City's questions about the timeline including whether the municipal consent process has to start over if the design plans are changed and the possible impact to the other cities. He added it was not his intent to suggest that Council deny municipal consent and it was his understanding that Council strongly supports Southwest LRT and wants to approve municipal consent and tabling action for one week will provide additional time to learn more about the process going forward. Councilmember Sanger spoke in favor of deferring action on the municipal consent resolution and MOU until July 14, 2014. Councilmembers Spano, Lindberg, Brausen, and Hallfin also spoke in favor of deferring action on the municipal consent resolution and MOU until July 14t. The Mayor entertained requests from the public to address the City Council. Ms. Jami LaPray, 3256 Blackstone, stated she was proud to live in a city where the City Council is concerned about its residents and shows respect for what the residents feel. She stated the current language in the MOU about the reroute is an example of that concern and the language does a good job of telling Met Council that St. Louis Park will not be a backup plan should the tunnels fail, but unfortunately the MOU does nothing to discourage Hennepin County, Mn/DOT, or Met Council from a reroute as part of a different project in the future, adding that while the resolution cannot stop one of these groups from pursuing a reroute, the very fact that the City would clarify its position and have a resolution on the books could have a deterring effect. She stated that residents want a strongly worded resolution that makes it clear to everyone that St. Louis Park will never again entertain the idea of a reroute in St. Louis Park. Mr. Thom Miller, 2900 Yosemite, stated he appreciates what the City Council does for the City and for being attentive to all matters coming before it. He stated there seems to be some hesitation on the part of the City Council to being proactive when dealing with large entities such as the State, Mn/DOT, or Minneapolis, with an apparent mindset that the City cannot be as proactive as these large entities and is more reactive. He stated that when work was done on this issue in 1999,the City was not clear in its position regarding City Council Meeting -5- July 7, 2014 a reroute and urged the City Council to be crystal clear this time that St. Louis Park is not going to entertain an MNS reroute now or in the future. Ms. Sharon Lehrman, 2610 Vernon Avenue South, thanked Safety in the Park for all the work they have done and agreed with the email from Safety in the Park about having a more strongly worded resolution to make sure a reroute is never entertained again. Mr. Larry Jones, 3000 Highway 100 South, stated he had concerns about the sixth "WHEREAS" clause in the MOU because he was concerned this statement might ruffle some feathers in Minneapolis and delay the Southwest LRT project. He felt the fifth "WHEREAS" clause was strongly worded and suggested that this clause be revised to add the words"at this time"at the end of the sentence. Mr. Bob Carney, Minneapolis resident, presented an alternative municipal consent resolution if Council does not want to grant municipal consent. He stated that Southwest LRT is becoming a political issue statewide and felt it was better to get the issues resolved and delay the project rather than disrupting the entire statewide transit funding mechanism. Mayor Pro Tem Mavity stated that this City Council remains steadfast in its absolute support and enthusiasm for the Southwest LRT project and wants to continue to be a partner in moving the project forward. It was moved by Councilmember Spano, seconded by Councilmember Brausen, to table action on the Resolution Approving the Physical Design Component of the Preliminary Design Plans for the Southwest Light Rail Project within the City of St. Louis Park, Minnesota, until Monday, July 14, 2014, and to table action on the Memorandum of Understanding until Monday, July 14, 2014. The motion passed 6-0 (Mayor Jacobs absent) 8c. Approve an Evaluation of the Legal and Financial Capabilities of Midwest Cable Councilmember Spano stated he requested this item be removed from the consent agenda in order to receive more information about Comcast's notice that it would no longer be servicing St. Louis Park and to receive further information about Midwest Cable. Mr. Dunlap advised that Midwest Cable is now the current acting name of the company run by Charter Communications that would provide service after Comcast divests itself of two million customers in order to meet Federal guidelines as part of the Time Warner Comcast merger. He stated the City's role is to examine the legal and financial capabilities of Midwest Cable, adding that Midwest Cable is not yet in existence and few details are available. He stated the purpose of this item is to authorize a legal and financial review of Midwest Cable to determine if the City should authorize the transfer, adding that the City needs to notify Comcast by July 18, 2014, that the financial information provided is incomplete and then the City must approve or deny the transfer within 120 days of June 18, 2014, the initial transfer notice date. City Council Meeting -6- July 7, 2014 Councilmember Spano asked about the City's legal authority to accept or reject Midwest Cable. Mr. Dunlap stated this franchise is specifically for the St. Louis Park cable TV franchise and for cable TV customers in St. Louis Park and part of the reason staff is recommending this action is to partner with other cities to provide leverage if Midwest Cable has offered no further information three months from now. Councilmember Sanger asked how long Comcast would be providing cable services to St. Louis Park and whether the new company would be taking over internet service. She stated it is difficult to approve something given the fact that Midwest Cable does not yet exist and asked if Council could provide some kind of contingent approval and then review the entire process once further information is provided. Mr. Dunlap stated the City needs legal expertise on this matter including the questions raised by Councilmember Sanger. Councilmember Brausen asked if the Comcast franchise agreement would stay in place until Council approves termination or transfer of the franchise. Mr. Dunlap replied in the affirmative. Councilmember Hallfin noted that the staff report indicates that Comcast shareholders will own two-thirds of Midwest Cable and stated this leads him to believe that Comcast still owns all the cable in the City and questioned whether the City has any recourse. Mr. Dunlap stated that this transfer allows Comcast to claim they do not manage this territory as part of the merger. It was moved by Councilmember Spano, seconded by Councilmember Sanger, to approve an evaluation of the legal and financial capabilities of Midwest Cable. The motion passed 6-0 (Mayor Jacobs absent). 8d. Designate G.L. Contracting Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $975,630.97 for the Connect the Park! Project No. 4014-2000 and Adopt Resolutions authorizing installation of "No Parking" restrictions on segments of Joppa Avenue (Resolution No. 14-087) and 39th Street(Resolution No. 14-088). Councilmember Hallfin stated he requested this item be removed from the consent agenda to obtain further information about how many bids were received, timing of the project, and the process for deciding whether to remove a tree. He also asked about the process for communicating with residents about underground equipment. Mr. Sullivan advised that the City received one bid for this project from G.L. Contracting, Inc., and staff talked with other bidders who chose not to bid on this project and learned that most contractors are at capacity this season. He stated that G.L. Contracting has done work for the City in the past and staff feels their bid was competitive. He advised the bid is approximately 10% higher than budgeted because the City Council Meeting -7- July 7, 2014 City added some sidewalk segments north of 39th Street and because of increased material and labor costs. He stated the contractor anticipates starting the project around July 21S` and staff has notified residents the project may start sooner than that date. He advised that Mr. Vaughan has been working to determine the vitality of trees, longevity of species, and how to avoid removal of trees and when a tree can be saved, the sidewalk will be placed as far away as possible from the tree to maintain the root structure and more mature trees will have a treatment injected into the root area to give vitality to the structure and reduce stress on the tree. He stated that underground equipment has been discussed with residents during the public process and reinforced in the letters sent to residents informing them that irrigation and pet containment systems are the responsibility of the homeowner. He added staff would appreciate working with residents on these issues adding that if construction were to hit something that was not moved in time, staff would notify the resident and work to make the necessary repairs or temporary repairs to get the system operational. Councilmember Hallfin asked if stop signs would be installed on the corner of 39`h and Lynn as part of this project. Mr. Harmening stated the City has previously received three requests for stop signs at this location that were not approved and staff needs to do more work on the issue, including a public process. It was moved by Councilmember Hal fin, seconded by Councilmember Sanger, to designate G.L. Contracting, Inc., the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$975,630.97 for the Connect the Park! — Project No. 4014-2000, to adopt Resolution No. 14-087 Authorizing Installation of"No Parking"Restrictions on the West Side of Joppa Avenue between 4300 Sunset Boulevard and 2900 Joppa Avenue, and to adopt Resolution No. 14-088 Authorizing Installation of "No Parking" Restrictions on the North Side of 39`a' Street from Lynn Avenue to Inglewood Avenue. The motion passed 6-0 (Mayor Jacobs absent). 9. Communications Mr. Harmening expressed appreciation to the Aquila neighborhood during the 4th of July fireworks. 10. Adjournment The meeting adjourned at 8:32 p.m. Nancy Stroth, ity Clerk Anne Mavity, Mayor Pro Tem