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Home My WebLink About2009/01/05 - ADMIN - Minutes - City Council - Regular fffSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JANUARY 5, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:40 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal) Assistant Zoning Administrator (Mr. Morrison) and Recording Secretary (Ms. Schmidt). 2. Presentations 2a. Cisco Systems Donation to City Telephone System Mr. Pires introduced Tim Graca, Account Manager for Cisco Systems. Mr. Graca stated they were proud to make a donation of 80 telephones and one gateway to the City of St. Louis Park in appreciation for their involvement with the Republican National Convention in September. 3. Approval of Minutes 3a. City Council Study Session Minutes November 24, 2008 It was noted on page three, item #3, the first paragraph, second sentence should state: "Staff is requesting..." The minutes were approved as amended. 3b. City Council Special Study Session Minutes December 1, 2008 The minutes were approved as presented. 3c. City Council Minutes December 1, 2008 The minutes were approved as presented. 3d. Joint City Council / School Board Minutes December 8, 2008 City Council Meeting -2- January 5, 2009 It was noted on page one, the sixth paragraph, should state: "The School Board and City Council..." The minutes were approved as amended. 3e. Closed Executive Session December 8, 2008 The minutes were approved as presented. 3f. City Council Study Session Minutes December 8, 2008 The minutes were approved as presented. 3g. City Council Special Study Session Minutes December 15, 2008 It was noted on page two, item #1, the first paragraph, second sentence should state: "... but statue language designates..." The minutes were approved as amended. 3h. City Council Minutes December 15, 2008 It was noted on page five, item#8e, the ninth paragraph, should state: "... with the exception that the tower be allowed in the DNR wetlands area and flood plain. Councilmember Paprocki also wanted to permit heights without a CUP, as is currently available in residential districts, making heights match those in residential districts." It was noted on page six, item#8e, the third paragraph, should state: "Councilmember Paprocki rejected the rewording of the motion..." It was noted on page two, item#5a, the first sentence should state: "... names of Carl Robertson..." It was noted on page six, item#8e, the second paragraph, should state: "... consider permitting heights up to 45 feet with a CUP..." The minutes were approved as amended. 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 -3- January 5, 2009 4a. Motion to adopt Resolution No. 09-001, Declaring 2009 City Council Meeting Dates. 4b. Motion to adopt Resolution No. 09-002, designating the St. Louis Park Sun Sailor as the City's Official Newspaper for year 2009. 4c. Motion to Adopt Resolution No. 09-003, authorizing award of the 2009 St. Louis Park Arts and Culture Grants. 4d. Motion to Approve Second Reading of Ordinance No. 8268-09 vacating easements for the Ellipse on Excelsior redevelopment, approve summary ordinance and authorize publication. 4e. Motion to waive second reading and adopt Ordinance No. 2369-09 amending the Zoning Ordinance relating to Service land use in the Office (0) zoning district, and approve the summary ordinance for publication. 4f. Motion to adopt a Resolution No. 09-004, accepting a donation from Cisco Systems, Inc. in the form of eighty IP telephones and one gateway. 4g. Motion to adopt Resolution No. 09-005, authorizing final payment in the amount of $40,363.72 for the Minnetonka Boulevard Trail Improvement Project - Project No. 2004-0302 with DMJ Corporation, Contract No. 105-07. 4h. Accept for Filing Planning Commission Minutes December 3 2008. 4i. Approve for Filing Vendor Claims. 4j. Final Payment Resolution No. 09-006 — Contract 59-08 — Valley Paving, Inc. — Project No. 2007-1100. It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings — None 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 2009 Mayor Pro-Tern Resolution No. 09-007 It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to adopt Resolution No.09-007 appointing Councilmember Sanger as Mayor Pro-Tem for 2009. The motion passed 6-0. City Council Meeting -4- January 5, 2009 8b. Mulberry's Dry Cleaning - Conditional Use Permit and Variance Resolution Nos. 09-008 and 09-009 Mr. Morrison presented the staff report. Councilmember Sanger stated she felt the variance is justified, as it is a very small commercial site with limited uses. She also liked the environmentally friendly approach, stating they plan to use no chemicals in their process. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to adopt Resolution No. 09-008 approving a Conditional Use Permit to allow the In-Vehicle Service and Resolution No. 09-009 allowing a 65 foot variance to allow a 35 foot setback from residential property for Mulberry's Dry Cleaning. Councilmember Finkelstein asked if by granting the variance, it would allow someone at a future date to establish a drive-through. Mr. Morrison stated it would not. Councilmember Basill asked if would apply to a change of use. Mr. Morrison stated a similar use, but it would come back before Council for approval. The motion passed 6-0. 8c. Second Reading of Zoning Ordinance Amendments relating to communication towers and antennas Ordinance No. 2367-09 Mr. Morrison presented the staff report. Councilmember Sanger asked for confirmation that, other than in respect to the CUP and the wetland and flood plain, nothing else changed since first reading. Mr. Morrison stated she was correct. Councilmember Omodt asked what the difference was between "approve" and "waive" a second reading. Mr. Scott stated that technically they are waiving the second reading, which means they don't actually read the entire ordinance. He further stated the actual action is to waive the action and then secondly it is to adopt the ordinance. It was moved by Councilmember Sanger, seconded by Councilmember Basin, to waive the second reading and adopt Ordinance No. 2367-09 amending the Zoning Ordinance relating to communication towers and antennas, and adopt the summary ordinance and authorize publication. The motion passed 5-1. (Councilmember Paprocki opposed) City Council Meeting -5- January 5, 2009 9. Communications Councilmember Paprocki reminded everyone that environmentally friendly and economically smart are usually the same thing. He further asked that people check their tire pressure and noted that for every degree they turn down their thermostat, it will save them money. 10. Adjournment The meeting adjourned at 8:00 p.m. I • i - Nancy Stroth, ity Clerk Jeff J. o"Ma or