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HomeMy WebLinkAbout2014/03/03 - ADMIN - Minutes - City Council - Regular J/1 St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MARCH 3, 2014 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Susan Sanger, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Engineering (Ms. Heiser), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Senior Engineering Project Manager (Mr. Shamla), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Communication of Donation Appreciation Mayor Jacobs expressed the City Council's thanks to the Minnesota Society of Arboriculture, Discover St. Louis Park, Barbara Levie and Mark Kawell, and the Minnesota Cycling Team for their generous donations. 3. Approval of Minutes 3a. Special Study Session Minutes February 18,2014 The minutes were approved as presented. 3b. City Council Meeting Minutes February 18, 2014 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. Adopt Resolution No. 14-034 amending the St. Louis Park City Council Rules of Procedure relating to the appointment and rotation of the Mayor Pro Tern. City Council Meeting -2- March 3, 2014 4b. Adopt Resolution No. 14-035 approving acceptance of a monetary donation from the Minnesota Society of Arboriculture in an amount not to exceed $2,000 for all related expenses, for Jim Vaughan, Environmental Coordinator, to attend the 2014 International Society of Arboriculture Conference in Milwaukee, Wisconsin. 4c. Adopt Resolution No. 14-036 approving acceptance of a donation from Discover St. Louis Park for registration, hotel, airfare and cab fare for Jason West, Recreation Superintendent to attend the 2014 National Association of Sports Commission ("NASC") Sports Event Symposium held March 31 — April 3, 2014 in Oklahoma City, Oklahoma in an approximate amount not to exceed $2,200. 4d. Adopt Resolution No. 14-037 approving acceptance of a monetary donation from Barbara Levie and Mark Kawell in the amount of $15 for Westwood Hills Nature Center. 4e. Adopt Resolution No. 14-038 accepting a donation from the Minnesota Cycling Team in the amount of$2,000 to be available for individuals who qualify for financial assistance through the Parks and Recreation Department. 4f. Adopt Resolution No. 14-039 establishing a special assessment for the installation of a Fire Suppression Sprinkler System at 4212 Minnetonka Blvd., St. Louis Park, MN. 4g. Accept for filing City Disbursement Claims for the period of January 25 through February 21, 2014. Councilmember Mavity noted one addition to the agenda of the appointment of a business representative to the Environment and Sustainability Commission. It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment of Business Representative to Environment and Sustainability Commission It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to appoint Ryan Griffin as Business Member to the Environment and Sustainability Commission for a term which expires December 31, 2015. The motion passed 7-0. 6. Public Hearings - None 7. Requests,Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items City Council Meeting -3- March 3, 2014 8a. Bin & Keg, LLC, Conditional Use Permit (CUP)/Variance — 8128 Minnetonka Blvd. Resolution No. 14-040 and Resolution No. 14-041. Mr. Morrison presented the staff report and explained that Bin & Keg, LLC, has requested a Conditional Use Permit for a restaurant in the Texa-Tonka shopping center. He presented a diagram of the site and the restaurant floor plan, noting that the CUP is conditioned upon approval of a full kitchen, capable of preparing and serving the proposed menu. He also noted that the CUP contains a condition that the CUP and variance will be null and void if the liquor license is not approved. He explained that there is 24' between the restaurant and adjacent residential property requiring a 76' variance and the restaurant is located in an existing mall with access facing Minnetonka Boulevard and the mall itself acts as a barrier protecting the residential properties from vehicle traffic. He stated the variance request is consistent with the Comprehensive Plan; the request is in harmony with the general purposes and intent of the ordinance; practical difficulties exist in complying with the Ordinance; and the proposed use would not alter the essential character of the neighborhood. He advised that a neighborhood meeting was held on December 5th where residents spoke in favor of the proposed use. He then introduced Mr. Brent Olson, owner of Bin &Keg, LLC. Councilmember Hallfin expressed support for the project and asked if the restaurant and full service bar had to go through the variance process with the neighborhood." Mr. John Ketelhohn, 2961 Texa Tonka Avenue, approached the City Council and stated when the bowling alley switched to a bar/restaurant, it went through the same process. Mr. Morrison advised that a CUP was approved for the bowling alley. Councilmember Sanger stated that the proposed land use makes sense but was concerned about the criteria used for granting a variance. She stated that variances are applicable when there is something about the property that makes it difficult for the land use to comply and there does not appear to be anything about this real estate that creates a hardship. She referenced the criteria stating the plight of the landowner is due to circumstances that the landowner did not create and was troubled by the statement that the plight of the applicant is the result of the zoning ordinance. She stated she was having a hard time seeing that the criteria for granting a variance had been legally satisfied, adding that if the applicant was asking for only a wine and beer license, Council would not be having this discussion. She added she was troubled by the precedent that would be set in granting this variance. Ms. McMonigal explained that the plight is a result of the building's location and the length of time the building has been in this location and the City cannot change that. Councilmember Sanger requested that staff modify the findings to make it clear that the City's zoning ordinance is not the problem. Councilmember Brausen expressed concerns about the parking at Texa-Tonka and the possibility of cars being forced to park on the street and down Virginia Avenue. He encouraged Bin&Keg to ask employees to park on the other side of Texas Avenue. ti City Council Meeting -4- March 3, 2014 Councilmember Mavity requested confirmation that the owner of Bin & Keg, LLC, is aware of the City's 50-50 food/liquor requirements. Mr. Brent Olson, owner of Bin & Keg, LLC, appeared before the City Council and acknowledged that he understood the City's 50-50 food/liquor requirements. It was moved by Councilmember Lindberg, seconded by Councilmember Mavity, to adopt Resolution No. 14-040 Granting a Variance to Allow a 76 Foot Variance to the Required 100 Foot Setback Between a Restaurant with Intoxicating Liquor License and Property that is Residentially Zoned and Used. The Property is Located at 8128 Minnetonka Boulevard. The motion passed 7-0. It was moved by Councilmember Lindberg, seconded by Councilmember Mavity, to adopt Resolution No. 14-041 Granting Conditional Use Permit Under Section 36-194(d)(4) of the St. Louis Park Ordinance Code Relating to Zoning to Permit a Restaurant with Intoxicating Liquor for Property Zoned C-2 General Commercial District Located at 8128 Minnetonka Boulevard. The motion passed 7-0. 8b. Project Report: Municipal State Aid Project — Pennsylvania Avenue — Project No. 2016-1100. Resolution No. 14-042 and Resolution No. 14-043. Ms. Heiser presented the staff report and introduced Senior Engineering Project Manager Joe Shamla who has been working as the project lead for the Highway 7/Louisiana Avenue project as well as the Pennsylvania Avenue MSA project. Mr. Shamla presented the 2014 MSA rehabilitation project on Pennsylvania Avenue and explained that in order to receive MSA funding the project needs to meet the MSA standard of only allowing parking on one side of the street. He stated that in order to achieve parking on both sides, the roadway would have to be increased a minimum of six feet and would result in steeper dnveways and the removal of mature trees. He stated that the project includes removing and replacing asphalt, minor soil corrections, curb and gutter replacement, and water main replacement from Franklin Avenue to 14`h Street. He indicated there are 33 residential service line connections and residents have the option of replacing their water service line from the main to the shut off valve at an estimated cost of$1,000-1,200 per line which can be prepaid or assessed for three years. He stated that an open house was held on January 18th and residents indicated they would like to maximize the parking that is available; as a result, staff changed the parking restrictions and was able to secure seven to ten additional parking stalls. He stated that the road will be open to local traffic during construction and the project will begin in late May and is anticipated to last approximately four months. He stated the engineering estimate for this project is $871,965 with funding from MSA funds and the water utility budget. Councilmember Mavity stated it appears there is no sidewalk on the two southern blocks of the project and asked if staff has looked into installing a sidewalk in this area. City Council Meeting -5- March 3, 2014 Ms. Heiser stated this is not part of the Connect the Park initiative, adding there is a sidewalk on the east side and crossing at 14t Street and staff has been talking to residents about upgrading the sidewalk in this area. Councilmember Brausen complimented staff for working with residents and accommodating their concerns about parking. He encouraged residents to replace their water service line during construction, adding that the City is most accommodating in helping finance this repair. It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to adopt Resolution No. 14-042 Accepting the Project Report, Establishing Improvement Project No. 2016-1100, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2016-1100. The motion passed 7-0. It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to adopt Resolution No. 14-043 Authorizing Installation of "No Parking" Restrictions on Pennsylvania Avenue between Wayzata Boulevard and Franklin Avenue. The motion passed 7-0. 9. Communications Mayor Jacobs stated he attended the Health in the Park meeting yesterday and thanked the organizers of this event. Mr. Harmening reminded residents of the "State of the City" event on Thursday, March 6th, from 7:30-9:00 a.m. at the Rec Center. Councilmember Mavity stated that the Sun Sailor published a misleading headline regarding the City's parking restrictions and clarified that the City is asking for voluntary compliance to park only on the odd side of the street and in certain segments where the roadways are particularly narrow, the City has implemented a mandatory system of parking only on the odd side of the street. Mayor Jacobs complimented the City's Public Works staff for doing a great job of plowing, sanding, and salting. 10. Adjournment The meeting adjourned at 8:16 p.m. CNancy Stroth, ity Clerk _ Jeff Ja oby, a/or