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HomeMy WebLinkAbout2003/08/04 - ADMIN - Minutes - City Council - Regular IfiCITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA August 4, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Scott); Community Development Director(Mr. Harmening); Planning and Zoning Supervisor(Ms. Jeremiah); Planning Coordinator(Ms Enckson); Director of Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon); City Clerk (Ms. Reichert); and Recording Secretary(Ms. Samson). 2. Presentations 2a. Junior Naturalist Presentation The Junior Naturalists were recognized for their volunteer work, and Mayor Jacobs presented letters and certificates to them. 2b. Day 1 High School Welcome Back Presentation Day 1 speakers described their year-long activities. 2c. Volunteer Presentation given by Sara Krzesowiak Sara Krzesowiak and Martha McDonell presented the Volunteer Presentation. 2d. Presentation on Mediation Services Janet Mowrer, North Hennepin Mediation Program Community Liaison, and Michael Garelick, Mediation Services volunteer, reported on Mediation Services. 3. Approval of Minutes a. City Council Minutes of July 21, 2003 b. City Council Study Session Minutes of July 21, 2003 c. City Council Study Session Minutes of July 14, 2003 All 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 Grant an extension of the cable tv franchise renewal to continue needs assessment activities 4b Approve a Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, September 27 &28, 2003, 5900 & 5925 West Lake Street, St. Louis Park 4c Adopt Resolution No. 03-098 approving Temporary Parking Restnctions for the Holy Family Fall Festival - Lake Street between Zarthan and Alabama Avenues Council Meeting Minutes -2- August 4, 2003 4d Adopt Resolution No. 03-099 calling for a public hearing by the City Council on the proposed establishment of the Edgewood Tax Increment Financing District within Redevelopment Project No. 1 (A Soils Condition District) 4e Approve the Annual Report on the City/School Volunteer Office 4f Approve the Annual Report on North Hennepin Mediation Program 4g Approve the publication of an Environmental Assessment Worksheet for the Flood Improvement Project at Lamplighter Pond, Area#4; Project No. 00-18 4h Accept for filing the Board of Zoning Appeals Minutes of June 26, 2003 4i Accept for filing the Planning Commission Minutes of July 2, 2003 4j Accept Vendor Claims for filing(supplement) 4k Approve Resolution No. 03-100 final payment to Park Construction for the amount of $37,181.88 for storm sewer and utility improvements It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Motion to reappoint Coleridge Doe and Steve Simon to the Community Education Advisory Council It was moved by Councilmember Santa, seconded by Councilmember Omodt, to reappoint Coleridge Doe and Steve Simon to the Community Education Advisory Council. The motion passed 7-0. 5b. Motion to appoint a member to the Planning Commission It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to appoint Lynne Carper to the Planning Commission. The motion passed 7-0. 6. Public Hearings 6a. Public Hearing to consider granting an On-Sale Wine and Beer License for GranDoba Inc. a subsidiary of Aztonka, Inc.; DBA Qdoba Mexican Grill located at 4712 Excelsior Boulevard City Clerk Cindy Reichert said the effective date on this license is September 1, 2003. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. Council Meeting Minutes -3- August 4, 2003 It was moved by Councilmember Basil!, seconded by Councilmember Sanger, to approve an on-sale wine and beer license The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Request of Quadion Corporation and the City of St. Louis Park for a Comprehensive Plan Map change from Industrial to Medium Density Residential, Office, and Mixed-Use and first reading of a zoning map amendment from IP–Industrial Park and IG–General Industrial to R4— Multi Family Residential, RC—Multi Family Residential, and MX—Mixed Use for property located at 3630 Wooddale Ave, 3601 Wooddale Avenue, 5810 37` Street W., 5957 37th Street W., 5951 37th Street W., 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street Case Nos. 03-31-CP and 03-32-Z. Resolution No. 03-094 Planning Coordinator Judie Enckson presented a Staff report on the Elmwood Area Comprehensive Plan and zoning map changes for the Quadion property. Councilmember Basill said he is appreciative that Ms. Erickson incorporated much of the language from the Elmwood Study into the text amendments of the Comprehensive Plan, and much of the work of the task force shall be reflected in the Comprehensive Plan. Brian Fortmeyer, member of the Elmwood Neighborhood task force, said one concern not included was that of height restrictions on the buildings, most residents do not want buildings greater than three stories. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to approve Resolution No. 03-094 amending the Comprehensive Plan land use designation from Industrial to Medium Density Residential, Office, Commercial/Mixed Use, and Park as recommended by staff and the Planning Commission subject to adoption of Comprehensive Plan text amendments addressing redevelopment principles and guidelines and approval by the Metropolitan Council, approve summary, and authorize publication. The motion passed 7-0 It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to approve first reading of a zoning map amendment to change the zoning designation from IG–General Industrial and IP–Industrial Park to R4—Multi Family Residential, RC— Multi Family Residential, and MX—Mixed Use subject to approval of the Comprehensive Plan amendments by the Metropolitan Council and set second reading for August 18, 2003. The motion passed 7-0. Council Meeting Minutes -4- August 4, 2003 8b. Comprehensive Plan text amendment to add the planning principles and concept map recommended in the Elmwood Area Land Use,Transit, and Transportation Study to the Chapter P--Redevelopment and to add language to Chapter U—Plan By Neighborhood that references the Elmwood Study and Chapter P as guidance for future redevelopment. Resolution No. 03-095 Ms. Erickson presented a report on the text amendment to the Comprehensive Plan 2000 to 2020 to add planning principles for the Elmwood Area to Chapter P--Redevelopment, and specific development guidelines for the Elmwood Neighborhood to Chapter U--Plan By Neighborhood. It was moved by Councilmember Bast11, seconded by Councilmember Sanger, to adopt Resolution No. 03-095 amending text of Chapter P and Chapter U of Comprehensive Plan 2000–2020, subject to approval by the Metropolitan Council, approve summary resolution and authorize publication The motion passed 7-0. 8c. Request of TOLD Development Company for Preliminary Plat approval for Park Commons East 2"d Addition and a Major Amendment to the Park Commons East Planned Unit Development granting Preliminary PUD approval for Phase NE (Excelsior& Grand Phase II). Case Nos. 03-19-PUD and 03-20-S. Resolution No.'s 03-096 and 03-097 Planning and Zoning Supervisor Janet Jeremiah reported on TOLD Development Company's request. Ms. Jeremiah said the proposal calls for 120 units of owner- occupied housing and 4,500 square feet of additional retail on the ground floor along the Town Green. She said there will be no rental units in Phase II. Ms. Jeremiah said Staff has received some revised engineering plans that adjust the exact location of the Phase II building to accommodate a greater sidewalk width along Grand Way that would be the same width as in Phase I, therefore, the building is to be shifted a little to the east, which will result in the loss of three parking spaces on the west side of Wolfe Parkway. Councilmember Sanger is concerned that parking may be inadequate, especially at night. Ms. Jeremiah said a parking study was performed earlier by an independent consultant, and parking provided at this time is adequate; interim parking would be one option in the future. Councilmember Sanger is disappointed that the size of some of the owner-occupied units has been reduced. Bob Cunningham, TOLD Development, said it is the market response to the units, the smaller units are selling much faster. It was moved by Councilmember Basil!, seconded by Councilmember Velick, to adopt Resolution No. 03-097 approving the Preliminary Plat for Park Commons East 2" Addition and Resolution No. 03-096 a major amendment to the Park Commons East PUD granting Preliminary PUD approval for Phase NE(Excelsior& Grand Phase II) subject to conditions included in the resolutions. The motion passed 7-0. Council Meeting Minutes -5- August 4, 2003 8d. 2nd Reading of an ordinance imposing a franchise fee on Xcel Energy, a Minnesota Corporation pursuant to Ordinance No. 2086-97 Section 9-610. Ordinance No. 2244-03 City Manager Charlie Meyer reported a change regarding Items 8d and 8e. Mr. Meyer said the change is: If the utility company is unable to collect a fee, the utility company is not obligated to pay the fee. Based on information furnished by Xcel Energy, it is estimated that about $4,000-5,000 per year would be lost as a result of unpaid revenues and, subsequently, unpaid fees to the franchisees. It was moved by Councilmember Santa, seconded by Councilmember Basill, to adopt Ordinance No. 2244-03 imposing a franchise fee on Xcel Energy effective January 1, 2004, and authorize publication of the ordinance in full. The motion passed 6-0. (Councilmember Velick was absent) 8e. 2nd Reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., a Minnesota Corporation pursuant to Ordinance No. 2236- 03 Section 7.1. Ordinance No. 2245-03 See the discussion for Item 8d. It was moved by Councilmember Santa, seconded by Councilmember Velick, to adopt Ordinance No. 2245-03 imposing a franchise fee on Centerpoint Energy Minnegasco effective January 1, 2004, and authorize publication of the ordinance in full. The motion passed 7-0. 8f. First Reading of proposed amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency in standards relative to setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, and clarifying motor vehicles sales accessory uses. Case Nos. 03-16-ZA Ms. Erickson presented a brief Staff report. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve First Reading of proposed Ordinance Code text amendments related to zoning and set Second Reading for August 18, 2003. The motion passed 6-0. (Councilmember Santa was absent). 8g. Secondhand Smoke Ordinance Director of Inspections Brian Hoffman present a report regarding the first reading of an ordinance to amend Section 8-258 establishing a secondhand smoke awareness program including the public disclosure of possible secondhand tobacco smoke in restaurants. Jim Rhodes, a task force member, addressed the Council. Environmental Health Official Manny Camilon discussed collection and analysis of nicotine samples. Council Meeting Minutes -6- August 4, 2003 Isis Stark, American Cancer Society, 4253 Sheriidan'Avenue South, Minneapolis, said the American Cancer Society's position is to focus solely on the education of secondhand smoke. Ms. Stark said the task force recommendations are weak and are not based on scientific methodology. The Amencan Cancer Society does not favor random sampling of nicotine levels. Ms. Stark said the proposed posting of test results would mislead the public about the dangers of second-hand smoke. Joy Carmona, Policy Director, American Lung Association of Minnesota, 490 Concordia Avenue, St. Paul, discussed health issues associated with secondhand smoke. Ms. Carmona indicated opposition to the proposed testing and posting of nicotine levels. Sandra Sandell, Director of Secondhand Smoke Resource Center at the Association for Nonsmokers Minnesota, 2395 University Avenue West, St. Paul, said the task force has misconceptions. Her organization objects to the ordinance, and they desire to eliminate smoking in restaurants. Jill Birnbaum, Public Policy Director from the American Heart Association, 4701 West 77th Street, Edina, discussed secondhand smoke, cardiovascular disease, and exposure to secondhand smoke. Ms. Birnbaum referenced a letter sent to the Mayor and Council, which Mayor Jacobs acknowledged. Ms. Birnbaum indicated opposition to the proposed testing and posting of nicotine levels. Peter Dehnel, pediatrician and Medical Director for the Children's Physician Network, 6700 Cornelia Drive, Edina, said there is no safe level of exposure; he asked that the Council not go forward with the ordinance. Dianne Pizey, pediatrician, 6600 Excelsior Blvd., St. Louis Park, said education is important, however, she favors a smoking ban in all public places. Dr. Pizey said random testing would be invalid. Dale Dobrin, pediatrician, South Lake Pediatrics, 6600 Excelsior Blvd., St. Louis Park, expressed his support for the statements made by the previous speakers. Stuart A. Hanson, 3800 Park Nicollet Blvd., St. Louis Park, served on the task force. Dr. Hanson said nicotine testing is flawed, biological testing is better but it is not practical nor efficient. Dr. Hanson and nurse Ann Densch referenced a letter they sent to the Council. They think nicotine testing would give misleading information. They support the educational component. Dr. Hanson recommended posting disclosure notices but omit the nicotine testing part of it. Barbara Aslakson,Program Action Chair for The League of Women Voters, St. Louis Park, 2615 Xylon Avenue South, said The League does not support the ordinance. Ms. Aslakson referenced the proposal The League provided to the Council. Kern Gordon, 1435 Hampshire Avenue South, St. Louis Park, objects to the ordinance. Ms. Gordon asked that the City not spend City resources on this, and do omit the nicotine testing in favor of a rigorous education program. Council Meeting Minutes -7- August 4, 2003 Zelda Rae Walder, 3025 Ottawa Avenue South, St. Louis Park, wants a ban against smoking. Ms. Walder discussed the problem of second-hand smoke to wait staff at restaurants. Sharon Abelson, 4340 Cedarwood Road, St. Louis Park, does not favor the ordinance; nicotine measurements are useless. Ms. Abelson would like at least a partial ban; she strongly favors a total ban. Sam Abelson, MD, 4340 Cedarwood Road, St. Louis Park, said the testing would be a step backward,however, the education piece is good, and the initiative is good. Dr. Abelson said there is no scientific basis to measure nicotine levels. Dr. Abelson recommends rejecting nicotine measuring. Phil Weber, is the proprietor of Park Tavern, 3401 Louisiana Avenue South, St. Louis Park. Park Tavern may be a dinosaur but he said he is not the devil. Mr. Weber was a member of the smoking task force since its inception. Mr. Weber thinks smoking should be banned statewide. He stated that if smoking bans are implemented on a city-by-city level, it could be economically devastating. Mr. Weber said that in September, he will have a partial smoking ban during a portion of weekends to accommodate children's birthday parties in the bowling center. Mr. Weber said he would welcome suggestions and feedback from any group or individual on this matter. Phillip Finkelstein, 2710 Monterey, suggested using the work that has been done. Mr. Finkelstein suggested the ordinance be divided into two parts: 1) education and the posting of no smoking, and 2) a separate vote regarding testing. Councilmember Sanger said there is no scientific basis for testing. She reference a report she received from Staff, which she stated has several shortcomings and which provide no evidence of the effectiveness of the testing proposal. Councilmember Brimeyer will support the motion as it is stated on tonight's agenda—as imperfect as people might think it is. Mayor Jacobs supports the motion as stated, and the City can tweak the signage. Councilmember Velick will not support the motion, and she would like signs posted without the testing portion on it. Councilmember Velick thinks the testing and posting would be misleading because it would give the public the wrong idea that second-hand smoke at lower levels would be safe. Councilmember Sanger objects to spending money for additional Staff time and start-up costs. Councilmember Sanger will not support the recommendations of the task force, and she suggested this item be reconsidered at a Study Session to discuss what was heard at tonight's meeting. Councilmember Sanger pointed out that while the Council has typically supported recommendations of community tsk forces, Council has not always done so, such as the proposal from this task force for financial incentives to restaurants or a portion of the recommendations of the Elmwood task force. Councilmember Omodt strongly recommended that this item be returned to a study session because there are flaws in the language of the ordinance that are not addressed. Council Meeting Minutes 8- August 4, 2003 It was moved by Councilmember Sanger,;seconded by.Councilmember Omodt, to defer ��,��� SII this item to a Study Session. :r i , Councilmember Basill said St. Louis Park is demonstrating leadership, and he favors going forward with the task force recommendations. The motion failed 3-4 (Councilmembers Omodt, Sanger, and Velick favored deferment. Councilmembers Basill, Brimeyer, Santa, and Mayor Jacobs opposed deferment). It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to approve 1 Sl reading of an Ordinance amending Section 8-258 and set second reading for August 18:h City Council meeting. The motion passed 4-3. (Omodt, Velick, and Sanger opposed) 9. Communications From the City Manager: Mr. Meyer reported two road closures for no more than one week. From the Mayor: Mayor Jacobs announced National Night Out, August 5th, and encouraged citizen participation. 10. Adjournment Mayor Jacobs adjourned the meeting at 10:,9-p:m. ACom ,;, ity Clerk M.yor