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HomeMy WebLinkAbout2006/06/05 - ADMIN - Minutes - City Council - Regular CTY OF OFFICIAL MINUTES LOUIS CITY COUNCIL MEETING ffirST.I ARK ST. LOUIS PARK, MINNESOTA June 5, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7.31 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Staff present. City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Planning and Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Associate Planner (Mr. Fulton), Housing Program Coordinator (Ms. Larsen), Director of Parks and Recreation (Ms. Walsh), City Clerk (Ms. Stroth), and Recording Secretary(Ms. Samson). 2. Presentations 2a. Lee-Ann Stephens Teacher of the Year Recognition Mayor Jacobs presented a proclamation Lee-Ann Stephens, which recognizes her as the Minnesota Teacher of the Year 2006. Ms Stephens began teaching English and Language Arts at the Park Spanish Immersion School in 2002 2b. League of Women Voters Award Presentation "People Who Make a Difference" The League of Women Voters presented awards to several individuals for their contributions in teaching immigrants English. 3. Approval of Minutes 3a. Study Session Minutes of May 8, 2006 Councilmember Sanger requested the following be added to page 4, the last paragraph, line 4, immediately following need to be added i e., to teach these agencies how to seek grants from other sources The minutes were approved as amended. 3b. City Council Minutes of May 15, 2006 The minutes were approved as presented. City Council Minutes -2- June 5, 2006 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. Motion to approve payment to School District#283 for an operations grant for funding from Cable TV franchise fees of$35,000 for 2006. 4b. Moved to 8f. 4c. Motion to adopt Resolution No. 06-092 accepting the Project Report, establishing and ordering Improvement Project No 2006-1900, approving plans and specifications, authorizing advertisements for bids. 4d. Motion to authorize Resolution No. 06-093 for solicitation of bids for fitness equipment funded by Wellness/Fitness Grant 4e. Motion to amend and restate Resolution No. 06-094 declaring 2006 City Council meeting dates 4f. Bid Tabulation: Motion to designate Concrete Idea, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$60,833.90 for the 2006 Sidewalk, Curb and Gutter Maintenance Project — City Project No. 20060003/20060004 4g. Motion to adopt second reading of Ordinance No. 2318-06 approving the renaming of Stevens Drive to Westside Drive, approve summary and authorize publication. 4h. Motion to approve Resolution No. 06-090 authorizing Gambling Premises Permit for Community Charities of Minnesota operating at American Legion Post 282, 5605 W. 36th Street. 4i. Motion to accept Board of Zoning Appeals Minutes of April 27, 2006 for filing. 4j. Motion to accept Parks & Recreation Advisory Commission Minutes of March 15, 2006 for filing. 4k. Motion to accept Human Rights Commission Minutes of February, 2006 for filing. 41. Motion to accept Human Rights Commission Minutes of March, 2006 for filing 4m. Motion to accept Human Rights Commission Minutes of Apnl, 2006 for filing. 411. Motion to accept Planning Commission Minutes of Apnl, 2006 for filing. 4o. Motion to accept Planning Commission Minutes of May, 2006 for filing. 4p. Motion to accept Fire Civil Service Commission Minutes of February 6, 2006 for filing 4q. Motion to accept Vendor Claims for filing(supplement) City Manager Tom Harmening proposed that Item 4b be moved from the Consent Calendar to the Regular Agenda as Item 8f for discussion. It was moved by Councilmember Carver, seconded by Councilmember Sanger, to approve the Agenda as amended The motion passed 7-0 5. Boards and Commissions--None 6. Public Hearings City Council Minutes -3- June 5, 2006 6a. Public Hearing to consider granting an off-sale intoxicating liquor license to Napa Jack's, Inc., DBA Napa Jack's, 4200 Minnetonka Boulevard, St. Louis Park,MN City Clerk Nancy Stroth presented the staff report Ms. Stroth said the applicant, Dennis Youngquist, is present tonight Mayor Jacobs opened the public heanng. With no one wishing to speak, Mayor Jacobs closed the public heanng. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve an off sale intoxicating liquor license for Napa Jack's Inc, 4200 Minnetonka Blvd The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions 8a. Resolution confirming the appointment of Bruce M. DeJong to the position of Finance Director Resolution No. 06-095 Mr Harmening presented Bruce DeJong to the Council as the next finance director. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No. 06-095 confirming the appointment of Bruce M DeJong to the position of Finance Director effective June 19, 2006. The motion passed 7-0 8b. 4525 Morningside Road–Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Planning Cases: 06-02-CP and 06-03-S Resolution No.s 06-096 and 06-097 Mayor Jacobs said he believes this would be about the fifth time the Council has had public commentary on this item. Mayor Jacobs said he knows the neighbor to the south would like to buy some of this lot and he suggested, by motion this evening, the Council sell up to 15 feet of the lot to the neighbor to the south, she and her husband have indicated they would like to do a move-up house on that lot, and Council designate the rest of the lot as a parkland some where along the way. Councilmember Basill said he thinks that would be a good compromise Councilmember Basilt made a ,motion to adopt Resolution No. 06-097 approving the Browndale Park Second Addition Preliminary and Final Plat with the understanding that the common lot line between lots 1 and 2 will be adjusted such that lot 1 will be up to 611 feet narrower and lot 2 will be up to 611 feet wider than shown on the proposal of the plat Now, with that, I am [Councilmember Basill] looking at the existing staff City Council Minutes -4- June 5, 2006 report, which talks about 8.89 feet to the neighboring property. To get 15 feet, the lot line would need to be moved another 611 feet that would allow 15 feet. The lot on the corner would then not be large enough for an additional single-family home. Councilmember Omodt seconded the motion. Councilmember Omodt said he hopes this is acceptable and can move the community forward. Councilmember Carver asked for a point of clanfication. Councilmember Carver said in order to sell that a portion, up to 15 feet, with a portion of it still in the Comprehensive Plan being designated as park, he believes in order for the motion to be effective to do anything has to amend the Comprehensive Plan. Councilmember Basill said he is prepared to make a motion on that. Councilmember Basill asked if the motion could be one motion. City Attorney Tom Scott said he agrees with Councilmember Carver. Council would need to follow up with a motion to amend the Comprehensive Plan to put this in a position so that Council could, in fact, sell the 15 feet. Mr. Scott said it could be done with one motion but understand that the entire motion, to carry, would need five votes. Mr. Scott said the plat motion would require a simple majority but the Comprehensive Plan motion requires five votes. Councilmember Basill said, for the sake of simplicity, he will amend his initial motion per Councilmember Carver's suggestion and he will add, to adopt Resolution No. 06-096 approving an amendment to the Comprehensive Plan from Park to Low Density Residential for up to the north 15 feet of Lot 2 Block 1 of Browndale Park Second Addition Councilmember Omodt seconded the motion Councilmember Sanger said it is not perfect but it is a compromise and she supports the motion Councilmember Carver said he is opposed to the motion. The motion passed 6-1. (Councilmember Carver opposed). 8c. Cedar Pointe Redevelopment—Conditional Use Permits and Variances Location: 5330 Cedar Lake Road Case No 06-36-CUP & 06-37-VAR Resolution No.s 06-099 and 06-100 Senior Planner Sean Walther presented the staff report. Mr. Walther added one condition ..to the CUP that is condition 12, which is that extenor matenals and color samples to be submitted to the Zoning Administrator. Councilmember Sanger is supportive but she would like to know about pedestrian safety She asked if the developer will be responsible for landscaping on the nght-of-way. Mr. Walther said the nght-of-way landscaping is expected to be the responsibility of the developer or adjacent landowner. In regard to pedestrian safety, Mr. Walther said City Council Minutes -5- June 5, 2006 generally staff does not want fencing in the nght-of-way, which would be considered an obstruction. Councilmember Sanger asked if consideration could be given to putting a median in. Councilmember Finkelstein is also concerned about pedestrian safety. Councilmember Carver said the city requires too much parking already and he suggested removing some of the parking stalls. Secondly, Councilmember Carver asked if sidewalk seating is being proposed in conjunction with the restaurant. Mr. Walther replied yes. Councilmember Carver suggested a larger area for outdoor seating by the removal of excess parking stalls. Councilmember Sanger asked about taking some of the parking spaces and converting them to a proof-of-parking concept. Mr Walther said up to 10% of the required parking may be designated as proof-of-parking. Paul Maenner, JMW Development, said they could consider turning some of the parking stalls into a proof-of- parking situation. Mr Maenner said the space for outdoor seating is limited. He agrees that it is a challenge to cross the street and he uses the median as a break point. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve Resolution No. 06-100 a Conditional Use Permit to allow a drive-through and 93% impervious surface coverage and to approve Resolution No. 06-099 Variances for - 24 foot wide drive aisles and zero parking setbacks from the west and south lot lines with the understanding that the Applicant continue to work with staff to convert some excess parking spaces over the minimum amount to proof-of-parking to have a little more green space unless or until those extra spaces are actually required. The motion passed 7-0. 8d. Westwood Hills Nature Center — Conditional Use Permit (CUP) for Excavation Resolution No. 06-098 Associate Planner Adam Fulton presented the staff report. Councilmember Omodt asked if the playground equipment will be accessible to the people in the neighborhood Director of Parks and Recreation Cindy Walsh said the playground equipment will be available to the people in the neighborhood. Ms Walsh said staff met with the neighborhood. It was moved by Councilmember Omodt, seconded by Councilmember Carver, to adopt Resolution No. 06-098 approving a Conditional Use Permit for Excavation The motion passed 7-0 8e. Hoigaard's at Miracle Mile — Major Amendment to a Special Permit and Variance for a Tower Sign Resolution No.s 06-101 and 06-102 Mr. Fulton presented the staff report City Council Minutes -6- June 5, 2006 Todd Brewer, president of Hoigaard's, said Hoigaard's is intending to take the actual sign from the smokestack and place it on the tower. Mayor Jacobs asked about closing the access from Miracle Mile onto Wooddale Avenue or at least make it a right-in but close the right-out. Councilmember Sanger does not support the variance for the sign. Councilmember Finkelstein said an old landmark is being exchanged for a new landmark. Councilmember Sanger said it is the smokestack that is of histonc value. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-101 approving the Major Amendment to a Special Permit for a building expansion and parking modifications. The motion passed 7-0. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-102 approving the Variance for a Tower Sign. The motion passed 6-1 (Councilmember Sanger opposed) 8f. Louisiana Court Affordable Housing Incentive Fund Award Resolution No. 06-091 Councilmember Omodt requested this item be moved to the Regular Agenda so that Council could continue to have a discussion on it Councilmember Omodt said tax dollars must be spent wisely and Council must not allow the pouring of good money after bad. Council must expect the most of its partners, in this case, Perspectives, PPL, that undertake the programs they are asked. It was moved by Councilmember Carver, seconded by Councilmember Basill, to adopt Resolution No. 06-091 approving the participation of Hennepin County Housing and Redevelopment Authority in the Louisiana Court Development through the Award of Affordable Housing Incentive Funds to assist in financing Capital Improvements The motion passed 6-1. (Councclmember Omodt opposed) 9. Communications Mayor Jacobs said Parktacular events will start on June 15`h The St Louis Park Fire Department Open House will be held on June 13th, at Fire Station #1, 3750 Wooddale Avenue. Councilmember Finkelstein commended the Dollars for Scholars organization for their contributions to college students. Councilmember Omodt said the Rec Center pool has opened. 10. Adjournment The meeting adjourned at 9.08 p.m )l- Cit Clerk C:Mi orY