Loading...
HomeMy WebLinkAbout2000/11/20 - ADMIN - Minutes - City Council - Regular (2) CITY OF OFFICIAL MINUTES ST LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA NOVEMBER 20, 2000 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7.32 p.m. The following Councilmembers were present at roll call• Jim Brimeyer, Ron Latz, Chris Nelson, Sue Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Director of Community Development (Mr. Harmening), Public Works Coordinator(Mr. Merkley); Planning Coordinator(Ms Enckson), Planning Associate (Ms Peterson), and Recording Secretary (Ms. Olson). 2. Presentations - None 3. Approval of Minutes a. City Council Minutes of November 6, 2000 The minutes were approved as presented with the following changes. Page 8, Paragraph 1, change "competed" to "committed". Page 12, Item 6j, Paragraph 4, change to "bnnging Bridget Gothberg on to do Organizational Development starting 1/1/01". Page 12, Item 6j, add the following paragraph "Councilmember Nelson agreed with Councilmember Sanger's comments about the legalities and tax implications of the current contract that was before the Council, but thought that those difficulties were probably able to be worked out and he was willing to support either approach". b. Study Session Special Meeting Minutes of November 6, 2000 The minutes were approved as presented. c. Study Session Minutes of July 10, 2000 The minutes were approved with the following change. Page 18, Item 5, Paragraph 1, change to "Councilmember Nelson felt that the City should look at the process for bond applications and the criteria for the application itself and ask for the opinion of the financial advisor. He stated that he would give some examples to the City Manager. Council Meeting Minutes -2- November 20, 2000 4. Approval of Agenda and Consent Items NOTE. Consent items are 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. a. Agenda It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0 b. Approval of Consent Items It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the following Consent Items. The motion passed 6-0. 1. Approve Resolution No. 00-142 appointing Kern, DeWenter, Viere, Ltd. As the City Auditor and approve entenng into an agreement for audit services. 2. Approve second reading of Zoning Ordinance Map amendment changing the designation on property located at 3345 Dakota Avenue South and adjacent railroad from R2 to Cl, adopt Ordinance No. 2182-00, approve summary Ordinance and authonze publication. 3. Approve second reading of Zoning Ordinance Map amendment changing boundanes of Zoning Distncts 6301 Cedar Lake Road and 2501 Edgewood Avenue, adopt Ordinance No. 2183-00, approve summary and authorize its publication. 4. Approve second reading of an Ordinance Amending Chapter 13, Part 3 of the St. Louis Park Municipal Code concerning the Sale, Consumption and Display of Alcoholic Beverages, Liquor Licensing, adopt Ordinance No. 2184-00, approve summary and authonze its publication. 5. Approve first reading of Ordinance amending Ordinance 2170-00 and set second reading for December 4, 2000 6. Approve Resolution No. 00-143 accepting the Minnesota Amateur Sports Commission/Minnesota Department of Children, Families, and Learning Grant of $100,000 designed for assistance with the development of soccer fields in the Oak Park Village area 7. Accept reports for filing. a. Planning Commission Minutes of October 18, 2000 b. Pay Equity Report c. Charter Commission Minutes of October 11, 2000 d Vendor Claims e. Financial Report f. Planning Commission Minutes of November 1, 2000 5. Public Hearings 5a. 2001 Budget Proposal for Special Service District No. 1 Resolution No. 00-144 Scott Merkley, Public Works Coordinator presented a bnef staff report and recommended approval. Council Meeting Minutes -3- November 20, 2000 Mayor Jacobs opened the public heanng Mr. Merkley stated the representative from the Special Service Distnct No. 1 was unable to attend meeting. He indicated that all of the advisory board members were very satisfied with what has happened so far. With no one else wishing to speak, Mayor Jacobs closed the public heanng. It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve Resolution No. 00-144 setting the 2001 Property Owner Service Charge for Special Service Distnct No 1 and directing staff to certify the annual charge to Hennepin County. The motion passed 7-0. 5b. 2001 Budget Proposal for Special Service District No. 2 Resolution No. 00-145 Scott Merkley, Public Works Coordinator presented a bnef staff report and recommended approval Mayor Jacobs opened the public heanng. David Payne, Al's Liquor and President of Special Service District No 2 was present and commended the City and staff for their effort and commitment to the project. With no one else wishing to speak, Mayor Jacobs closed the public heanng It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve Resolution No. 00-145 setting the 2001 Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual charge to Hennepin County. The motion passed 7-0 6. Requests and Communications from the Public 6a. Case Nos. 00-52-PUD and 00-51-VAR Preliminary PUD and Variance for a mixed use/residential-office building at 5755 Wayzata Boulevard for Park Land Development Judie Enckson, Planning Coordinator presented a staff report. She stated that because staff believed that the seven findings have been met, staff was recommending approval of a variance for reduced usable open space. The Planning Commission also recommended the variance, but questioned if more could be done to reduce the variance. If the Council desired, the applicant is willing to add rooftop open space and eliminate the tenors court to add green space. These changes would reduce the variance from 46% reduction to a 39% reduction. Staff and the Planning Commission are also recommending approval of the preliminary PUD. The following ordinance modifications were recommended as part of the PUD: Building heights may be increased to 25 stories which was in conformance with the Comprehensive Plan land use designation, floor area ratio may be increased to 2.5, parking requirements may be reduced by 15%. Council Meeting Minutes -4- November 20, 2000 Stephen Young, Young & Will Architects, 325 2"d Avenue North, Minneapolis, stated that it was a balancing act to get density and have an appropriate amount of usable open space. He stated that it was the intent of the developer to get a package deal with Northwest so residents could use that facility if the tennis courts were eliminated He stated that the trees on the south side of the property were existing and wouldn't propose to remove them He stated that the developer was willing to add the rooftop open space. He stated that the developer was meeting the parking requirement and believed that reducing the amount of parking in the long run would create a bigger problem. He stated that he believed this was a quality project with an appropnate use for the location and there was currently the market was good for rental property. Hans Widmer, 1601 Alabama Avenue Space, stated that he agreed that there was need for additional housing, but believed usable open space was a cntical issue for the neighborhood. Councilmember Nelson asked if it was mathematically possible to have market size rental units and stay within 20 stories. Ms. Erickson stated that it was not. Councilmember Nelson recommended that the Planning Commission review the issue of having requirements that were impossible to be met. He asked if the developer was going to ask for any additional reduction through the operation of the PUD ordinance. He believed that this was a significant reduction of the City's open space ordinance and couldn't support the variance. He stated that if the developer was going to request TIF from the City, he would have additional concerns about what kind of project was being approved. Mr. Harmemng, Director of Community Development, stated that develop would not be able to ask for any additional reduction though the operation of the PUD. He stated that staff had started some analysis and discussions about providing TIF to the developer, but this was on hold until further analysis was done on the financial viability of the project. Joshua Aaron, President of Parkland Company, stated that he was in the process of putting some information together staff about applying for TIF. Councilmember Sanger stated that she was favor of the type of project,but would not support the proposal because of the following reasons. She was very concerned about the lack of usable open space on this plan. She didn't believe the cnteria for a variance had been satisfied and disagreed with the analysis on the variance criteria that determined the recommendation from the Planning Commission. She stated that she saw the issue of economic reasoning running through the staff analysis. She believed that this plan needed to be sent back to the drawing board and reconfigured to include additional open space to get closer to meeting the open space requirement. Councilmember Santa clanfied the location of the rooftop green space. Councilmember Santa stated that she would have difficulty considering a variance to reduce the amount of usable open space by the indicated amount. Council Meeting Minutes -5- November 20, 2000 Councilmember Latz questioned how open space from adjacent properties were factored in and asked if there a concept of shared open space might allow the density that was permitted in the district. Ms. Erickson stated that the concept of shared open space has not been examined. She stated that at this location there was a retention pond with open space to the south of the property, but this was not factored in. Councilmember Latz suggested that this open space be factored in, as well as proof of parking. Councilmember Brimeyer stated that he was concerned about the fact that the current critena allows this type of use, but produces the inability to meet the usable open space requirement. He stated he was in favor of the project, but he did not believe this project met the City's criteria for TIF or tax abatement. Councilmember Young stated that he was little concerned about the amount of usable open space, but believed that an additional 40% usable open space per unit was excessive. He agreed with the request to ask Planning Commission to review the open space cntena. He agreed with Councilmember Bnmeyer that he did not believe this project met the City's criteria for TIF or tax abatement and should not be approved. Councilmember Nelson clarified that he would like the Planning Commission to review the way that usable open space was counted. He stated that he was opposed to the variance and would like to see something less than the 46% reduction of the usable open space. Mayor Jacobs clarified with staff that if the developer added the rooftop open space and eliminated the tennis court to add green space these changes would reduce the variance form a 46% reduction to a 39%reduction. Councilmember Latz clarified with staff that if the 42,000 square feet of terraces and private balconies were factored in that this would meet over 100% of the requirement. The Council discussed the recommended additions, the possibility of including terraces, private balconies and the use of adjacent open space. Councilmember Sanger briefly reviewed the purpose of the open space requirement and stated that she didn't want to loose sight of this as the City re-looks at the question of open space and ordinances. It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to approve the variance with the additions of rooftop open space and eliminate the tennis court to add green space. Mayor Jacobs stated that he would be abstaimng from the vote because the Parkland Company was a client of the company he was affiliated with, but has not discussed this with the City Attorney. Council Meeting Minutes -6- November 20, 2000 Tom Scott, City Attorney stated that the issue of why Mayor Jacobs was abstaining could come into play for the vote, but has not yet been determined. Councilmember Bnmeyer withdrew his motion. It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to continue the motion on the variance to the December 4, 2000 City Council Meeting. The motion failed 3-3-1 Councilmember Jacobs abstained. It was moved by Councilmember Sanger, seconded by Councilmember Santa, direct staff to prepare findings consistent with the denial of the vanance. The motion failed on a vote of 3-3-1. Councilmember Jacobs abstained. It was moved by Councilmember Latz to approve the variance. The motion died for lack of a second. Stephen Young, Young & Will Architects stated that the developer was receiving the message that there were issues that were creating difficulties is obtaining approval or denial. He stated that the developer would be willing to withdraw the application pending working further with staff to configure the plan. Councilmember Latz confirmed with Mr. Scott that if an application were withdrawn the developer would have to reapply and begin the whole process again. Mr. Scott suggested that the developer simply waive the 60 day review time period and then Council continue the issues indefinitely until modifications were completed. Councilmember Sanger asked if the lack of a second was equivalent to denial of the vanance. Mr. Scott stated that the majority of City Attorneys would say that if there was a motion to approve that fails, then you have acted on the application within the required time frame. He stated that there was nothing else you can do when you are in the situation of a 3-3 split, but in this case there was an issue to be determined and there was the potential to have 4 votes. Councilmember Sanger asked if the developer would be required to wait 6 months to apply for the variance. Mr. Scott, City Attorney stated that if the plan was basically the same basic footprint with some variations of how they do some open space, he didn't believe it would be required to go back to the Planning Commission, but would be more discretionary with the Council. Stephen Young, Young & Will Architect, 325 2"d Avenue North, Minneapolis stated that the developer agreed to waive the 60 day review time period, and stated the developer would make modifications to the plan and improve the conditions of the variance so that it wouldn't have to go through the Planning Commission. Tom Scott, City Attorney asked Mr. Young to confirm this agreement in writing. Council Meeting Minutes -7- November 20, 2000 It was moved by Councilmember Nelson, seconded by Councilmember Bnmeyer, to continue the variance request indefinitely with the agreement of the developer to waive the 60 day review time period for the variance. The motion passed on a vote of 6-0-1. Councilmember Jacobs abstained. Joshua Aaron, Parkland Company agreed to waive the 60 day review time penod for the preliminary PUD. Mr Aaron agreed to confirm this agreement in wnting. It was moved by Councilmember Nelson, seconded by Councilmember Bnmeyer, to continue consideration of the preliminary PUD indefinitely with the agreement of the developer to waive the 60 day review time period. The motion passed on a vote of 6-0- 1. Councilmember Jacobs abstained. 6b. Request by Marshall Kieffer for Preliminary and Final Plat approval of Kieffer's Addition, including variances to the subdivision ordinance for reduced sidewalks and reduced easements and to waive the requirement for a Development Agreement; and variances to the Zoning Ordinance for reduced lot width and reduced building setbacks Case Nos. 00-53-S and 00-54-VAR 2621 Virginia Avenue South, 8019 26th St. W, and 8025 26th St. W. Resolution No.'s 00-146 and 00-147 Sacha Peterson, Planning Associate presented a staff report and recommended approval. It was moved by Councilmember Young, seconded by Councilmember Bnmeyer, to adopt Resolution No. 00-146 approving variances to the Zoning Ordinance for reduced lot widths and reduced building setbacks for property located at 8019 26th St. W, and 8025 26th St W. The motion passed 7-0. It was moved by Councilmember Young, seconded by Councilmember Bnmeyer, to adopt Resolution No. 00-147 approving preliminary and final plat of Kieffer's Addition with variances and to waive the requirement for a development agreement. The motion passed 7-0 6c. Park Commons TIF District Resolution No. 00-148 It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 00-148 calling for a public hearing on the establishment of the Park Commons Tax Increment Financing District within Redevelopment Project No 1 and the Adoption of the Proposed Tax Increment Financing Plan Therefor, adjusting date for public hearing to January 16, 2000. The motion passed 7-0. The City Manager indicated that the City Council meeting on December 18'2000 would start earlier about 6.45 p.m. because of the map amendment item on the agenda and that residents would receive adequate notice. Council Meeting Minutes -8- November 20, 2000 6d. MSP Real Estate Subordination and Consent It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to authorize execution of the consent letter and the Real Estate Mortgage Subordination Agreement. The motion passed 7-0. 6e. Amendment to the Preliminary Development Agreement between the EDA, the City, and TOLD Development Company It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the Third Amendment to the Amended and Restated Preliminary Development Agreement between Meridian Properties Real Estate Development LLC, the City, and the EDA relating to the Park Commons East redevelopment project. The motion passed 7-0. 7. Resolutions, Ordinances, Motions—None 8. Board and Committees It was moved by Councilmember Young, seconded by Councilmember Sanger, to reappoint Bill Gavzy to the Housing Authority for a Commission ending June 30, 2005. The motion passed 7-0. 9. Communications From the City Manager—Mr. Meyer indicated that the City has received a verbal employment agreement with Bndget Gothberg and would be confirmed in the near future. Mr. Meyer also noted the recent robbery in St. Louis Park and indicated that the City was taking the issue very seriously and the Police Department was establishing a Task Force with other municipalities to resolve this issue. From the Mayor—None 10. Adjournment Mayor Jacobs adjourned the meeting at 9:30 p.m. /Th � 1/ City Jerk Mayor I