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Home My WebLink About2008/02/19 - ADMIN - Minutes - City Council - Regular /11 St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING FEBRUARY 19, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Attorney (Mr. Scott), Community Coordinator (Mr. Zwilling), HR Director & Deputy City Manager (Ms. Gohman), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Housing Programs Coordinator (Ms. Larsen), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). Guests: Pat Mascia, David Bade, and Darrel Henry, Duke Realty; Carla Stueve, SRF Consulting Group, Inc. 2. Presentations —None 3. Approval of Minutes 3a. Study Session Minutes January 28, 2008 The minutes were approved as presented. 3b. City Council Workshop Minutes February 1, 2008 The minutes were approved as presented. 3c. City Council Workshop Minutes February 2, 2008 The minutes were approved as presented. 3d. City Council Minutes February 4, 2008 The minutes were approved as presented. 3e. Study Session Minutes February 11, 2008 It was noted on page one, item #3, the second paragraph, first sentence should state: "...if it would connect over Hwy 394..." It was noted on page two, item # 4, the second paragraph, add sentence after second sentence to state: "Councilmember Sanger disagreed, stating she preferred to do a study soon to get a clear understanding of appropriate technologies and costs, so Council could make a more informed decision regarding whether to initiate another high-speed internet system." City Council Meeting -2- February 19, 2008 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. Approve out-of-state travel for Mayor Jacobs for the National League of Cities' Congressional Cities Conference in Washington D.C. 4b. Adopt Resolution No. 08-012 in support of the Hennepin County Regional Rail Authority's Request (HCRRA) for $10 million in 2008 state bonding to assist in funding the Southwest Transitway Environmental Impact Statement (EIS) and preliminary engineering. 4c. Adopt Resolution No. 08-013 establishing a special assessment for the repair of the sewer service line at 2655 Edgewood Avenue South. 4d. Approve a contract with SRF providing engineering consulting services for the Park Place Boulevard Streetscape Improvement Project—Project No. 2007-1101. 4e. Removed from Consent Calendar and added to regular agenda Item #8G. (Resolution requesting Comprehensive Road and Transit Funding). 4f. Adopt Resolution No. 08-014 calling for a public hearing by the City Council on April 7, 2008 relative to the proposed modification to the Redevelopment Plan for Redevelopment Project No. 1 and the proposed modification to the Tax Increment Financing Plan for the Victoria Ponds Tax Increment Financing District. 4g. Execute a contract with Rainbow Tree Care, Inc. to be the 2008 Arbotect 20-S Elm Injection contractor at a cost of$12.15 per diameter inch. 4h. Designate Top Notch Treecare as the lowest responsible bidder and authorize execution a contract for the 2008 Diseased Trees on Private Property Removal Program in an amount not to exceed $136,380.00. 4i. Execute a contract with B.J. Haines Tree Service for the 2008 Boulevard Tree and Stump Removal Program in an amount not to exceed $118,286.00. 4j. Adopt Resolution No. 08-015 modifying the Utility Billing Extended Absence Credit. 4k. Adopt Resolution No. 08-016 authorizing final payment in the amount of $13,014.60 for the City Hall Elevator — City Project No. 2008-1200 with All City Elevator, Inc., City Contract No. 57-07. 41. Adopt Resolution No. 08-017 directing the reconveyance to the State of Minnesota of certain vacated properties. 4m. Adopt Resolution No. 08-018 to approve St. Louis Park Lions Club's request for placing temporary signs in the public right-of-way. 4n. Adopt Resolution No. 08-019 establishing a special assessment for the repair of the sewer service line at 6120 W. Lake Street. 4o. Adopt Resolution No. 08-020 authorizing final payment in the amount of $8,457.50 for the 2007 City Sealcoat Project - Project No. 2007-0001 with Pearson Brothers, Inc., City Contract No. 82-07. City Council Meeting -3- February 19, 2008 4p. Adopt Resolution No. 08-021 authorizing final payment in the amount of $36,596.43 for the City Hall Storm Sewer Project - Project No. 2007-2500 with Kevitt Excavating, LLC, City Contract No. 110-07. 4q. Approve for filing Vendor Claims. 4r. Approve for filing Police Advisory Commission Minutes January 2, 2008. 4s. Approve for filing Fire Civil Service Commission Minutes April 26, 2007. 4t. Approve for filing Parks and Recreation Advisory Commission Minutes October 17, 2007. Councilmember Omodt asked that item #4e be removed from the Consent Agenda and added to the regular Agenda. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Item 4e to the regular Agenda as Item 8G. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Applebee's Liquor License Ms. Gohman presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to approve on-sale intoxicating liquor license with Sunday sales to Applebee's Restaurants North, LLC, dba Applebee's Neighborhood Grill & Bar located at 8332 Highway 7 within Knollwood Mall in St. Louis Park for the license term of March 1, 2008 through March 1, 2009. The motion passed 7-0. 6b. Fuddruckers Liquor License Ms. Gohman presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve on-sale intoxicating liquor license with Sunday sales to SLP Foods, LLC, dba Fuddruckers located at 6445 Wayzata Blvd. for the license term of March 1, 2008 through March 1, 2009. The motion passed 7-0. City Council Meeting -4- February 19, 2008 6c. Public Hearing to Consider Allocation of 2008 Grant Year Community Development Block Grant (CDBG) Funds Resolution No. 08-022 Ms. Larsen presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. Councilmember Sanger stated she is on the Board of Directors of Wayside House, but has been advised her vote would not be a conflict of interest. Councilmember Omodt stated concern with the fund amount changing throughout the process. Ms. Larsen stated they were advised that the fund amount would be the $203,450 amount; however, there would be a clause stating that if the money did not come through as allocated, an adjustment could be made. It was moved by Councilmember Basil!, seconded by Councilmember Paprocki, to adopt Resolution No. 08-022, approving proposed use of funds for 2008 Urban Hennepin County Community Development Block Grant funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. The motion passed 7-0. 6d. 3700 Glenhurst Appeal BOZA Decision Mr. Morrison presented the staff report. Mayor Jacobs opened the public hearing at 7:52 p.m. Paul Bischel, 3700 Glenhurst Avenue South, stated he felt the variance request is consistent with the City's vision for move-up housing and hoped the variance would be approved. Tim Quigley, Architect, stated he felt the design and agreed with the City's vision and asked that the variance be granted. Dan Matthews, 3701 Huntington Avenue, stated his support for approval of the variance. Kris Aaker, 3675 Huntington Avenue, stated her support and asked that the variance be granted. Mayor Jacobs closed the public hearing at 7:57 p.m. Councilmember Carver noted that staff and BOZA followed the appropriate process, however in this case, it appears there are circumstances that may not meet the technical side but does meet the intent of the ordinance. He stated he would be supporting the request for the variance. City Council Meeting -5- February 19, 2008 Councilmember Basill agreed with Councilmember Carver, stating the homeowners shouldn't be punished for the way the house faces. He also commended staff for their consideration of the vision, stating the variance would be consistent with the City's commitment to providing a well-maintained and diverse housing stock. He stated by focusing on remodeling and expanding move-up, single family, owner-occupied homes allows the homeowner to expand and also follows the City's vision. Councilmember Sanger stated that the city has been supportive of two-car garages and she did not see a hardship in the proposal. However, if the variance was granted, she felt it would create a "snout house" (a house with a visually dominant attached front entry garage). She stated in design decisions Council has always tried to have the garage recessed behind the front of the house. Councilmember Sanger indicated she did not feel it was appropriate to grant the variance, stating they should keep in mind other vision criteria to promote a more esthetically pleasing community. She stated she would be voting against it. Councilmember Finkelstein stated he would have been inclined to agree with Councilmember Sanger if he had not gone out and viewed the site. He stated that by not granting the variance they would be creating a hardship and not following the vision for move-up housing. Councilmember Finkelstein further stated it is an undue hardship due to a mix-up in the original street address given and stated he would be supporting the variance request. Councilmember Paprocki stated he would be in support of the variance. Councilmember Omodt stated he would be in support of the variance, stating the intent of the ordinances were for specific things and felt that intent didn't match up with this particular site. Mayor Jacobs agreed, stating he would be in support of the variance. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to consider an approval of this variance, staff and the City Attorney should be directed to prepare a resolution containing findings of fact for the approval of the variance application. This resolution would then be brought back to the City Council for consideration on March 3. The motion passed 6-1. (Councilmember Sanger opposed) 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 1" Reading Zoning Ordinance Amendment Signage in Athletic Fields Mr. Morrison presented the staff report. Councilmember Sanger stated concern with the usage of commercial ads, stating she would not be in support of this portion of the request. City Council Meeting -6- February 19, 2008 It was the consensus of Council that it was a reasonable proposal and excellent way to show community support by the local businesses and creating a small town feeling. Councilmember Carver asked if Council would need to pass additional ordinances at this time regarding not allowing the wide spread use of billboards in the community. Mr. Scott stated it could be approved without impacting the overall billboard usage ordinances. It was moved by Councilmember Paprocki; seconded by Councilmember Omodt, to approve the first reading of an ordinance which amends the Zoning Ordinance Section 36- 362 pertaining to athletic field advertising signs and other miscellaneous items;and to set the second reading of the proposed ordinance for March 3, 2008. The motion passed 6-1. (Councilmember Sanger opposed) 8b. 1" Reading West End Preliminary Plat, PUD, Rezoning Resolution No 08-023 and 08-024 Ms. McMonigal presented the staff report. Ms. Stueve, SRF presented the traffic analysis report. Mr. Walther presented the zoning application report. Mr. Bade, Duke Realty, gave an overview of the project schedule. Mr.Anderson explained the merchandising plan. Councilmember Finkelstein asked if people would be able to enter the atrium without buying a ticket. Mr. Anderson stated yes, stating tickets would be purchased on the second level. Councilmember Paprocki asked what at what stage the project would be in September. Mr. Henry stated it should be mostly vertical at that point. Councilmember Sanger asked Ms. Stueve if they had done any analysis on traffic impact along Park Place Blvd and West End on the bridge over Hwy 394 with MnDOT. Ms. Stueve stated MnDOT was in support of the project and felt that they would be supportive of the improvements. Ms. McMonigal stated there had been no specific improvements recommended for the bridge, stating changes would be in ramp improvements. Councilmember Sanger asked if they had performed an analysis on the impact of traffic on Cedar Lake Road. Ms. Stueve stated Cedar Lake Road would be studied as an independent study. City Council Meeting -7- February 19, 2008 Councilmember Sanger asked if there was a proof of parking plan. Mr. Walther stated the plan did not allow for any provisions, stating the office-parking ramp would have feasible parking for peak parking if necessary. Councilmember Sanger thanked staff; the Duke Realty team and consultants for all their hard work. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to adopt the first reading of an ordinance rezoning the property located at 1551 Park Place Boulevard from IP— Industrial Park to O — Office; to adopt Resolution No. 08-023, approving an amended Preliminary Plat with a Subdivision variance and conditions as recommended by the Planning Commission and Staff and adopt Resolution No. 08-024, approving a Preliminary Planned Unit Development with conditions as recommended by the Planning Commission and Staff The motion passed 7-0. 8c. 2008-2010 International Association of Fire Fighters (IAFF) Local #993 Labor Agreement— Resolution No. 08-025 Ms. Gohman presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt Resolution No. 08-025, a Labor Agreement between the City and the IAFF Local#993, establishing terms and conditions ofemployment for three years, from 1/1/08— 12/31/10. The motion passed 7-0. 8d. Resolution approving 2008-2010 International Union of Operating Engineers (IUOE) Local #49 Labor Agreement— Resolution No. 08-026 Ms. Gohman presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No. 08-026, approving a Labor Agreement between the City and the IUOE Local#49, establishing terms and conditions of employment for three years, from 1/1/08— 12/31/10. The motion passed 7-0. 8e. Consider Resolutions in Support of FY2009 Federal Appropriation Requests Resolution No. 08-027, 08-028 and 08-029 Ms. Gohman presented the staff report. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to adopt Resolution No. 08-027, in support of federal appropriation request for the Glencoe Railroad Mitigation Project, Resolution No. 08-028 in support of federal appropriation City Council Meeting -8- February 19, 2008 request for Trunk Hwy, 7& Wooddale Interchange Improvement Project and Resolution No. 08-029 in support of federal appropriation request for the Trunk Highway 100 & Interstate 394/Xenia Avenue/Park Place Boulevard Collector-Distributor Road Improvement Project. The motion passed 7-0. 8f. 2008 City Manager Compensation Resolution No. 08-030 Ms. Gohman presented the staff report. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt Resolution No. 08-030, confirming a 3%general increase for City Manager consistent with non-union employees for 2008. The motion passed 7-0. 8g. Adopt a Resolution, requesting Comprehensive Road and Transit Funding Councilmember Omodt requested the request be addressed at a study session for further discussion. It was moved by Councilmember Omodt, seconded by Councilmember Carver, to discuss the Comprehensive Road and Transit Funding request at the February 25 study session. The motion passed 7-0. 9. Communications Mayor Jacobs stated Park Spanish Immersion Drama Club was presenting "The Art Show" on Wednesday, February 27 and Friday, February 29 at PSI/Central Community Center gymnasium. 10. Adjournment The meeting adjourned at 9:17 p.m. 111 o Nancy Stroth, ty Clerk J:y�`Ja1 ob Mayor