Loading...
HomeMy WebLinkAbout2005/07/18 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA July 18, 2005 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger and Sue Santa Staff present. Associate Planner(Mr. Fulton), City Manager(Mr. Harmening), City Attorney (Mr Scott), Community Development Director(Mr. Locke), City Clerk (Ms. Reichert), Economic Development Coordinator(Mr. Hunt), Public Works Director(Mr. Rardin), Planning/Zoning Supervisor(Ms. McMonigal), and Recording Secretary(Ms. Stegora-Peterson). 2. Presentations Mayor Jacobs presented a resolution to John Mantz for 35 years of service to the City. Mr. Mantz thanked the Mayor and residents of St. Louis Park. 3. Approval of Minutes 3a. City Council Minutes of July 5, 2005 The minutes were approved as presented. 3b. Study Session Minutes of June 27, 2005 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 Moved to item 8e 4b Approve second reading of Ordinance No. 2297-04 amending chapters 4 and 20 of the St. Louis Park municipal code, approve summary, and authorize publication allowing off-leash dogs in designated off-leash area(s) with a permit. 4c Bid Tabulation: Designate Park Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$147,663.36 for the Cedar Lake Road Trail Connection—City Project No. 2004-0303 4d Adopt Resolution No. 05-094 authonzing Special Assessment of Dutch Elm Diseased Trees 4e Adopt Resolution No. 05-095 approving a Conditional Use Permit to allow the placement of approximately 5,800 cubic yards of fill material to construct a trail link between Cedar Lake Road and the Cedar Lake Regional Trail subject to conditions included in the resolution. Case No. 05-32-CUP 4f Planning Commission Minutes of June 1, 2005 Council Meeting Minutes -2- July 18, 2005 4g Planning Commission Minutes of June 15, 2005 4h Approve Resolution No. 05-096 honoring John Mantz's Service to the City 4i Accept report regarding Time Warner Cable Franchise Agreement for filing 4j Accept vendor claims for filing(supplement) Mr. Harmening noted it had been requested to move consent item 4a to the regular agenda(8e). It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt to appoint Molly Althoffer to the Police Advisory Commission. The motion passed 6-0. 6. Public Hearings 6a. Public Hearing to consider an intoxicating on-sale and Sunday sale liquor license for WYN Hotels,LP dba Doubletree Park Place Hotel Ms. Reichert presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. It was moved by Councilmember Sanger, seconded by Councilmember Santa to approve an intoxicating on-sale and Sunday sale liquor license for WYN Hotels, LP dba Doubletree Park Place Hotel. Councilmember Omodt asked if the new owners would continue to provide Kosher service at the hotel. John Kramick, General Manager, replied that Kosher service would continue as before. The motion passed 6-0. 6b. Consideration of the establishment of Special Service District#4 (along the western portion of Excelsior Boulevard between Highway 100 and Louisiana Avenue) and the imposition of a service charge within the district. Mr. Hunt presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. Councilmember Basill asked if the snow removal was an issue they wanted to handle with current contracts? Mr. Hunt replied there were a variety of reasons including they were already taking care of their parking lots and it wouldn't be much more for the contractors to take care of the sidewalks. Council Meeting Minutes -3- July 18, 2005 Councilmember Basill asked if it became an issue in the future, would they be able to entertain it? Mr. Hunt replied the property owners could request a higher level of service. Councilmember Basill stated this was a welcome change and thanked staff for their work. It was moved by Councilmember Basill, seconded by Councilmember Sanger to approve ft reading of the attached ordinance to create Special Service District #4 and to schedule the 2nd reading of the ordinance for August 1, 2005. Mayor Jacobs indicated that the other special service districts East on Excelsior Blvd had been successful and made it a welcoming and attractive boulevard. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions 8a. Resolution Accepting Resignation and Declaring Vacancy in the Office of Ward Four Councilmember Resolution No. 05-091 Mr. Harmemng stated a letter of resignation was received from Councilmember Sally Velick, effective July 15`h. A resolution needed to be adopted declaring a vacancy. Councilmember Sanger stated Councilmember Velick contributed a lot to the Council and did a nice job representing her constituents and would be missed. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 05-091 declaring a vacancy in the office of Ward Four Councilmember effective July 15, 2005 Councilmember Santa stated she would miss Sally's counsel and advocacy for Ward 4. Councilmember Omodt'thanked Sally for all she had done such as work with Westwood Hills Neighborhood Association and Charter Commission. She would be missed. Mayor Jacobs stated she would be missed for her wisdom, counsel and positive attitude about the Council and the community. She had also been involved with the Planning Commission and the precursor to the community education advisory council. Councilmember Finkelstein stated that they had known what a class act Sally had been for many years. Her contributions hadn't stopped for the City of St. Louis Park,but would continue for the State with her educational work for the legislature. Councilmember Basill added he would miss Sally. Mayor Jacobs stated that they needed to declare a vacancy and the Council would be considering in days to come how to fill the vacancy. The motion passed 6-0. Council Meeting Minutes -4- July 18, 2005 8b. Comprehensive Plan Amendment to Chapter P,Redevelopment and Chapter U, Plan by Neighborhood to incorporate development guidelines for the northwest corner of Excelsior Boulevard and France Avenue. Case No. 05- 26-CP . Resolution No. 05-092 Ms. McMonigal presented the background. Barry Warner, SRF Consulting, Marie Cody, SRF Consulting and Mike Lamb, Cunningham Group,presented the development guidelines. Ms. McMonigal stated that they initially recommended adoption of the guidelines into the Comprehensive plan. The Planning Commission recommended they not be adopted in full, but be adopted by reference which would provide notice that guidelines were available. Dave Payne, Al's Liquors, stated the property owners who participated concurred with the Planning Commission recommendation that the guidelines be called a study and as such would have no legal bearing on the properties as they were presently zoned. Nancy Rose, 3402 Huntington, asked if the language would be added to the Comprehensive Plan? Ms. McMonigal replied yes, the language referred to the development guidelines, but wouldn't adopt them in full. It would be an amendment to the Comprehensive Plan. Ms. Rose believed the neighbors should have been advised of the amendment. Mr. Scott replied that the required legal notice was done, a published notice. Ms. McMonigal stated they were not suggesting a map change, only a text change,which did not require notifying surrounding property owners. Mr. Scott indicated the legal procedure was followed. Councilmember Finkelstein asked if this was incorporated by reference, could they change the study guidelines without changing the Comp Plan? Mr. Scott replied the language noted the study existed. The text of the study was not part of the Comp Plan. They could change wording in the study without a Comp Plan amendment process. Councilmember Finkelstein asked the difference between incorporating it by reference and using it as a study? Mr. Scott replied the intent was to allow someone looking at the Comp Plan to be aware of the study. Ms. McMonigal indicated this would be consistent with the Planning Commission recommendation. The Comprehensive Plan is where people go to find out about future development plans and was an opportunity for potential developers, property owners and neighbors to know what was worked on. Ms. Rose was concerned that there was little communication regarding the changes. Councilmember Sanger asked if they were not incorporating the guidelines, what was the legal significance? Mr. Scott replied it would depend on the type of application. They are guidelines and do not have the legal status of the zoning ordinance or Comp Plan. There may be circumstances, where there is discretion to look to the guidelines. Councilmember Sanger asked if someone had a proposal that met the zoning standards, didn't require financial assistance and wasn't a PUD, but was markedly different from the guidelines, would they be able to reject the proposal? Mr. Scott replied when someone Council Meeting Minutes -5- July 18, 2005 requested a building permit to develop under existing zoning, the guidelines would not be implemented because there would be no Council discretion. Councilmember Basill noted that pointed out the risk of adopting just a reference, however he felt that was the best thing. He was present at some of the meetings and it was a process. At the end they were not to full consensus. Adopting it as a reference allowed flexibility. The Elmwood study was also referenced in the Comp Plan. This was a tool for developers who would be foolish not to look at cnteria the neighborhood had worked on John Miller, 3550 France, stated he spoke in favor at the Planning Commission meeting. He wanted the Council to have all of the authonty they could have because he felt that they would do the right thing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 05-092 for Comprehensive Plan Amendment to refer to the "Development Guidelines for the Northwest corner of Excelsior Boulevard and France Avenue" in the Redevelopment and Plan by Neighborhood Chapters of the Comprehensive Plan and authorize publication. Councilmember Finkelstein wanted to be sure they all had the same understanding because this was just a study tool and would not take away any of their authonty? Mayor Jacobs replied that was correct. The motion passed 6-0. 8c. Request by Park Tavern for a Major Amendment to a Special Permit to Construct a building addition for a smoking area at 3401 Louisiana Avenue S. Case No. 05-15-CUP Mr. Locke stated this was the first bar/restaurant expansion since the Hennepin County smoking ban had gone into effect. There had been additional review since the staff report was mailed, particularly in the context of the City's liquor license requirements. Staff recommended this item be continued to the August 1st meeting for staff to work through issues related to liquor license requirements, smoking ban requirements and the zoning. Phil Webber, Park Tavern owner, asked if the Council had particular issues to be addressed before the next meeting? This was all according to the County guidelines. He was trying to appease everyone and stay in front of the trends. Councilmember Finkelstein asked how they would keep smoke from filtering into the restaurant? Mr. Webber responded it would be negative air pressure, more pressure being exited from the room than going into the room. Councilmember Finkelstein asked if there would be alcohol or food service in the room? Mr. Webber replied there was no service, which was a Hennepin County requirement. People could consume,just not be served. The County had no problem with what he was doing. The issue was on a city level. Councilmember Finkelstein stated there was a list of exemptions from the Hennepin County smoking ordinance and it didn't fall within those exemptions. Where did the Council Meeting Minutes -6- July 18, 2005 authonty come from? Mr. Webber responded they met all of the requirements. He didn't know beverage was considered food under a food license,but was informed on a city level that beverage was considered food. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to continue the item to the August 1, 2005 Council meeting. Councilmember Omodt stated because of previous dealings with the County, he hoped staff would provide firm deadlines. This establishment was doing everything legally possible and he hated to see the County delay this. Mayor Jacobs asked what they needed from the County in order to act? Mr. Locke replied the main issue was City ordinances and how they applied. There also may be issues to work out with the County regarding employees going into a smoking room. Councilmember Sanger requested that the County Attorney's office provide a legal opinion regarding the legality of the proposed smoking room addition. She had also read the exemptions and an indoor room was not a specified exemption. Mayor Jacobs was concerned about how long that would take. Councilmember Sanger believed they were being asked to take a vote on something that was not clear as a specified exemption. She didn't think they should be put in the position voting on something that was not clear and could violate the County's ordinance. Councilmember Santa asked if that was their responsibility? They were being asked to look at changing an area currently being used by putting walls and a roof on it. It was Hennepin County's smoking ordinance. If they made exceptions, she wanted them clearly defined. Councilmember Sanger believed they had. One was the outdoor space, such as a patio. There was nothing in the exemptions that discussed indoor spaces. They needed to have clarification because of possible liabilities for the City. Mr. Harmening noted Councilmember Sanger was referring to Ordinance No. 24. A policy document had been received from the County and staff needed to do more research on enforcement. County staff had been pointing at the enforcement policy and criteria under which certain areas of multi-use facilities could have smoking. They needed to connect how this policy related to the ordinance and how their own liquor laws related to the use of this room. County policy says no staff should go into the smoking room,but there was a question of oversight and monitoring. Mr. Webber clarified that the City of St. Louis Park would be in charge of enforcement, not Hennepin County. Mr. Harmening responded that was more reason to be sure of what they were enforcing. Councilmember Basill stated some of the burden needed to be on the County to submit information by August 1st. If they didn't get information, they needed to make a decision on the information they had. It was not fair to wait indefinitely. Council Meeting Minutes -7- July 18, 2005 Councilmember Finkelstein believed they needed to know what they could and could not do and to find out in advance so the applicant didn't expend money or before other bar owners were interested in doing the same thing. Councilmember Omodt reiterated that was why they had to put the onus on the County and should be on record that the County needed to do better. Mr. Scott added that it was not solely a County issue. There was also the issue with the City's liquor license. The motion passed 6-0. 8d. Resolution authorizing an application for a grant from the Metropolitan Council Livable Communities Demonstration Account. Resolution No. 05-093 Mr. Fulton presented the staff report. Councilmember Sanger asked when staff said application for these funds was tied to a development project, did that imply they were agreeing to a specific proposal for the Hoigaard's site? Mr. Fulton replied no. The applications would be accepted or denied in December 2005. They could be awarded these funds and still turn them down were they to decide the development project was inappropriate. Councilmember Basill noted this would enhance the storm water system. He had a lot of questions from residents neighbonng the development if they were paying attention to that and they were It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 05-093 authorizing an application for grant funds from the Metropolitan Council The motion passed 6-0. 8e. Ordinance amending chapter 36 of the city code to remove Cluster Housing from the R-1, R-2, and R-3 zoning districts,while allowing existing cluster housing developments to continue as a conforming use. Case Nos. 05-23-ZA Ordinance No. 2296-05 Mayor Jacobs noted this was on the consent agenda,but a question came up why they were doing this in the R3 district as opposed to just R1 and R2? Ms McMonigal stated that the R3 district encompassed a lot of single-family homes, which was pnmanly the reason it was included. The ordinance proposed removing the cluster housing provision from R1, R2 and R3, but allow existing cluster housing developments to remain conforming. There was a fear that someone could buy a number of single-family homes and put in town homes and completely change the character of a neighborhood. Josh Aaron, 7600 W 14`" St, was concerned they were eliminating transition housing. If they take out cluster housing and town homes from these zones, how can somebody with an acre parcel develop a site? He didn't think the Planning Commission was clear about Council Meeting Minutes -8- July 18, 2005 the true intent of this blanket change. They should only change R1 and R2. They needed to find a way to have transition to a higher density, which couldn't be done with this. Councilmember Sanger responded that the Housing Summit process led to this change and an emphasis to maintain and encourage development of single-family detached housing. They wanted to make sure people didn't have economic incentives to tear down houses and build cluster homes. They also talked about possibly developing a PUD process or a process that would permit cluster homes to be developed in a more controlled fashion. A large parcel could be subdivided if it met the requirements. Mr. Aaron believed there were areas that a transition from single-family to multi-family was appropriate and they were making everything single-family from RI to R3. There was no other mechanism to develop an R3 parcel that was over an acre. Mayor Jacobs asked if there was a way to transition in an R3 district? Ms. McMonigal replied it would be primarily single-family. They talked about changing the planned development procedure to an overlay zoning district. If they allowed that to be applied to residential, town homes could go into an R3 distnct with complete discretion. It would be a zoning action by the City Council. Councilmember Basill stated a lot of R3 districts were mostly single-family homes. If they leave R3 out, they blanket it the other way, and someone could buy a group of homes and put up cluster homes. They should pass this,but need to look at alternatives for properties where it made sense for a PUD be considered in a public process. Councilmember Finkelstein believed that made sense. They needed to get this on the books and have some place to start. Mr. Aaron felt that R3 districts were set up in a way to be close to transportation, etc. to be logical for higher density uses. It was transitional and provided a buffer between single-family and the"Rottlund"models. Councilmember Basill stated they had to deal with how the neighborhoods were set up today. Several neighborhoods were zoned R3 and the majority were single-family homes. They had to protect single-family homes and move up housing for the City. That didn't mean they couldn't come up with something, but it needed to be done it in a calculated basis and made sense for the neighborhood and the community. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt Ordinance No. 2296-05 amending chapter 36 of the city code to remove Cluster Housing from the R-1, R-2, and R-3 zoning districts, while allowing existing cluster housing developments to continue as a conforming use, approve summary, and authorize publication. Councilmember Omodt stated that the Council's thought on this was to put more controls and eventually have a discussion on the PUD process. He wanted to be sure there was a goal for the work to be done. Mr. Locke responded this was in the list of items they were working on. They would be before the Council on August 8th and this would be included. The motion passed 6-0 1 Council Meeting Minutes -9- July 18, 2005 9. Communications Mayor Jacobs noted he attended the grand opening of the Mamott Hotel (formerly Holiday Inn). The new post office will open August 1st Mr. Harmening indicated there will be a town meeting on June 26th, 7 PM at City Hall sharing information regarding the City's study into Wireless technology and to receive input and feedback from the community. Councilmember Omodt stated that St. Louis Park Little League was hosting the Little League All Stars at Skippy Field during the next week. Councilmember Santa noted on July 26th from 7-9 PM, Minnehaha Creek Visioning Partnership would hold an open house at the City of Minnetonka Community Center. Mayor Jacobs reminded viewers National Night Out is August 2nd. The new dog park was open. 10. Adjournment The meeting adjourned at 9:09 p.m. City-2/ob.,/ 4J7tZbf. Clerk el Mayor