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HomeMy WebLinkAbout2001/07/16 - ADMIN - Minutes - City Council - Regular faCITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA July 16, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:30 p.m The following Councilmembers were present at roll call Jim Bnmeyer, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, Ron Latz, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr Scott); Director of Community Development (Mr. Harmening), Director of Finance (Ms. McGann); Planning & Zoning Supervisor (Ms. Jeremiah); Superintendent of Engineering (Mr. Moore); Planner (Mr Smith); Housing Manager(Ms. Schnrtker); Housing Coordinator(Ms. Larsen); City Clerk (Ms Reichert); and Recording Secretary (Ms Samson) 2. Presentations--None 3. Approval of Minutes a. City Council Minutes of July 2, 2001 The minutes were approved as presented with the following changes: Councilmember Sanger asked that the following sentence be added to Page 6, Item 5a, the last paragraph. "Staff agreed to discuss this option with the Norbys." Councilmember Nelson asked the following addition be made to Page 7, Item 5b, the next to last paragraph: "Councilmember Nelson suggested a 40-foot lot should be assessed for 40 feet of benefit, which was the case, however, an 80-foot lot should be assessed for 80 feet—not 60 feet— which reflects greater fairness." Delete the following sentences from Page 8, Item 7a, Paragraph 3• "He would like to know why building expansions conform to the original architectural design " "Because the new material serves a function and, because of that function, the design meets the intent of the ordinance." Make the following change on Page 8, Item 7a, Paragraph 3, Sentence 2: "Mayor Jacobs" should be "Councilmember Nelson" b. Study Session Minutes of June 25, 2001 The minutes were approved with the following changes Councilmember Nelson thinks the following change should be made on Page 11, Item 1, Paragraph 3. "Gazby" should be "GASB34" Council Meeting Minutes -2- July 16, 2001 Councilmember Nelson asked the following be added to Page 12, Item 3, Paragraph 7: "Councilmember Nelson asked for a pro forma. Mr. Harmening suggested coming up with a one-page fund sources/funding expenditure sheet and making it available to Council." Page 13, Item 5, Paragraph 5, Councilmember Nelson said "disclosure" should be changed to "HIA assessment" 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. 4a. Agenda It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the agenda. The motion passed 7-0. City Manager, Mr. Meyer, suggested adding another issue to Item 10, Recess to Executive Session, and the issue is pending litigation regarding garage variance on Coolidge Avenue with the Christianson property 4b. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve the following Consent Agenda Items. The motion passed 7-0 1. To accept the following reports for filing: A. Planning Commission Minutes of June 20, 2001 B Vendor Claims 2. To adopt Resolution No. 01-059 and authorize Chief of Police to execute the Mutual Aid agreement with Hennepin County Chiefs of Police Association. 3 To adopt the final draft of the Excelsior Blvd Comdor Traffic Study as prepared by BRW, Inc 4 To approve a contract with SRF Consulting Group, Inc. for the redevelopment of the Oak Park Village area. 5. Public Hearings 5a. Public Hearing to consider issuing Private Activity Revenue Bonds for Newport on Seven. Resolution No. 01-060 Dominion Development and Acquisition Company and Mr. John Utley from Kennedy and Graven were present to answer questions regarding the Private Activity Revenue Bonds for Newport on Seven. With no one wishing to speak, Mayor Jacobs closed the public hearing. Councilmember Sanger abstained from voting due to a financial conflict of interest. Council Meeting Minutes -3- ; July 16, 2001 It was moved by Councilmember Santa, seconded by Councilmember Latz, to approve Resolution No. 01-060 granting preliminary authorization to the issuance, sale and delivery of multifamily housing revenue refunding bonds (Newport on seven project), Senes 2001A and 2001B. The motion passed 6-0-1. (Councilmember Sanger abstaining) 6. Requests, Petitions, and Communications from the Public 6a. Request of Robert Rappaport for a variance appeal to the Board of Zoning Appeals decision to deny the request to permit a front yard setback of 25.3 feet instead of the required 28.3 feet for property located in the R-1 Single Family District at 3901 Basswood Road. Case#01-24-VAR On June 28, 2001, the Board of Zoning Appeals (BOZA) denied Mr Robert Rappaport's request to permit a setback. Mr. Rappaport would like to construct an addition onto the front of his garage which would encroach into the setback by three feet, thereby, requiring him to obtain a variance Because the Applicant had not submitted new information, Staff recommended the Council uphold BOZA's decision to deny the Applicant's request. Mr Rappaport requested the Council to consider the appeal of a variance decision by BOZA stating that the addition to the garage would be part of a complete upgrade to his property. Mr. Scott Moore, Assistant Zoning Administrator, verified the current garage size to be 15 feet wide with a depth of 20 feet Councilmembers stated they had visited the site. The following persons spoke on behalf of the applicant stating they supported the proposed modifications to the home and felt it would have a positive impact on the neighborhood: Mr William Hicks, 2715 Huntington Avenue; Mr Mark Silverberg, 3900 Basswood Road; and Mrs. Teresa Victor, 3908 Basswood Road Councilmember Latz said that the zoning ordinance should adequately provide for the type of move-up housing Mr Rappaport is requesting and which the City Council promotes in St. Louis Park without forcing people to come to the vanance process. It was moved by Councilmember Sanger, seconded by Councilmember Young, to overturn the decision of BOZA and grant the variance permitting a front yard setback of 25.3 feet instead of the required 28 3 feet for property located in the "R-1" single family district, at 3901 Basswood Road The motion passed 7-0 7. Resolutions, Ordinances, Motions 7a. The request of Groves Academy for a minor amendment to the approved Continued Special Permit to change the approved building elevations. Case No 01-30-CUP (Amended) Resolution No. 01-062 Since the July 2"`i City Council meeting, Staff and Groves Academy have met to discuss the design of the building Mr Smith, Planner, stated that the Applicant had proposed the use of the exposed aggregate on the east and west elevations and the addition of a 10-foot high wainscotting of brick. Staff recommended that the exposed aggregate concrete panels be changed to IFS, which is made of plastic and similar to stucco The appearance of the two materials are similar. Council Meeting Minutes -4- July 16, 2001 Councilmember Sanger asked if the Applicant agreed with the changes that Staff had recommended Mr. Smith said the Applicant favors the exposed aggregate as opposed to the IFS Councilmember Nelson asked if IFS is a Class 2 material. Ms. Jeremiah, Planning and Zoning Supervisor, said IFS is a Class 2 material, and Staff has recommended IFS because it is already being used elsewhere on the building. Mr. Todd Mohagen, Groves Academy architect, explained that IFS is an acrylic stucco; it has a foam backing with acrylic placed on top Regarding the current proposal, Ms. Jeremiah said the south elevation maintains the brick, and cited the following percentages of materials: on the east elevation, Class 1 material comprises 75% and Class 2 material comprises 24%; previously, Class 1 material had been in the mid-60%. Councilmember Nelson said the ordinance requires two things: 1) plans must meet a certain numerical criteria percentage of Class 1 materials, and this proposal did that, and 2) the addition is required to match building materials proportionally with the original structure. Councilmember Nelson said he was satisfied with either proposal and supported the design changes that had been made. Councilmember Young said he would like the applicant to complete the structure in all brick as had been originally proposed and approved by the council. Councilmember Sanger asked Councilmember Nelson for clarification as to which building material he preferred Councilmember Nelson responded that he did not feel comfortable specifying the building material. Though he did not prefer the use of exposed aggregate, it is not prohibited and is acceptable under code. Councilmember Nelson further commented that the proposal for wains coating on the west elevation was an improvement. Councilmember Sanger expressed concern regarding the appearance of the west elevation, which faces a number of residents; it appears to be a warehouse with the panels stretching all the way down and no windows. Councilmember Santa agreed with Councilmember Sanger, and stated her support for Staff's recommendations. Councilmember Latz asked if IFS is present on the original building, and Mr. Mohagen replied no, it is not present. Councilmember Sanger moved to approve the Continued Special Permit to change the approved building elevations as modified by City Staff's recommendations. The motion was seconded by Councilmember Santa. Councilmember Nelson said he would like to hear from Krause-Anderson as to the durability of IFS. Mr. John Davis said he thinks IFS is about a 10-15 year product, with the potential for nicks or dings, as it is acrylic. Mr. Davis added, one could drive a nail through IFS and, typically, hail will not bother it. Ms. Jeremiah stated IFS is quite durable as long as it is not exposed to damage by vehicles or people using a sharp object on it, and that is why it is not recommended for use at a pedestrian level Council Meeting Minutes -5- July 16, 2001 Councilmember Brimeyer asked if neighborhood meetings were held regarding the addition to Groves Academy Ms. Jeremiah said an'initial neighborhood meeting was held regarding the proposed expansion and, at that time, residents saw only the bnck rendition and not the exposed aggregate or IFS materials. Councilmember Nelson asked Councilmember Sanger if she would consider a fnendly amendment, that they approve the plan as Staff had proposed with the west elevation having the wainscotting, however, leaving it up to Groves Academy as to whether they want to use IFS or exposed aggregate. Mayor Jacobs concurred with Councilmember Nelson. Councilmember Sanger would be agreeable provided the wains coating is on both the east and west elevations Councilmember Latz expressed his concern that there could be negative reaction from residents who are expecting an all brick façade. He asked if the process, at this point, provides for their input Ms. Jeremiah said that minor amendments do not require a formal public hearing and the building materials in this case fall into the category of a minor amendment. Councilmember Latz suggested that the definition of minor amendment, when dealing with an architectural ordinance as well as classification of building materials, may need to be changed Councilmember Nelson suggested that discussion on minor amendments and neighborhood notification take place at a future Study Session Councilmember Sanger pointed out if neighborhood approval were to be sought at this point, it should be approval for all of the elevations and not just the west elevation. _ It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 01-062 minor amendment to the approved Continued Special Use Permit to change the approved building elevations to allow expansion to a school at 3200 Highway 100. The motion passed 6-1. (Councilmember Young opposed.) 7b. The request of Costco Wholesale for a major amendment to the approved Planned Unit Development for Park Place Plaza to permit a 12-station fueling facility and an accessory building on Lot 9. Case No. 95-51PUD(Amended) Resolution No. 01-063 Mr Smith reported that in 2000 the City Council approved a major amendment approving Costco Wholesale to increase the size of their building from 110,000 square feet to 140,000 square feet Costco would like to build a 12-station fueling facility on Lot 9, the last buildable lot in Park Place Plaza. The fueling facility will be for Costco members only, and it is projected that 70% of station customers will extend their visits to the Costco warehouse on the same visit; a convenience store is not part of the fueling facility. In June of 2001, the Planning Commission reviewed the proposal and recommended denial of the fueling facility because such a facility is not the highest and best use of the land, and any future development should be tied to correcting existing traffic problems. The City has received 655 postcards from residents of St Louis Park and surrounding communities supporting the fueling facility Council Meeting Minutes -6- July 16, 2001 Mr. Jack Frank, Director of Real Estate Development for Costco; Mr. Ted Johnson, Executive Vice President of Planning; and Mr. Allan Klugman, traffic engineer addressed the Council. Mr Klugman reported Costco fully supports the traffic recommendations made by Staff. Mr Frank said Costco may be willing to underwrite improvements with regard to pre-existing problems such as the installation of cart corals on the Home Depot property and traffic circulation in the parking lot. Councilmember Nelson asked City Attorney, Mr. Scott, if it is appropnate for the Planning Commission and City Council to inquire if the fueling facility is the highest and best use of the land. Mr. Scott replied it is at the City Council's discretion to determine if it is the highest and best use of the land. Mr. Scott stated from a legal standpoint the question to ask is What was the original intended use when the Planned Unit Development (PUD) was approved, and is it still a preferred and reasonable use? Ms. Jeremiah said she thinks SRF would recommend the proposed traffic improvements regardless of any additional development on Lot 9 She said the City has offered to facilitate the improvement process Councilmember Nelson asked how Costco would guarantee members only use the fueling facility. A Costco representative said a magnetic strip on the back of Costco members' cards would activate the fueling process Councilmember Nelson thinks the traffic concerns are surmountable and, with Costco's financial backing, will improve the circulation on this site Councilmember Nelson believes there is a need for a fueling facility and he supports the proposal and the improvements to Area 3 At this time, Councilmember Sanger is opposed to a fueling facility or any other development on Lot 9 until the suggested SRF improvements are made Councilmember Young said the crux of the issue is whether Council wanted to delay development on Lot 9 as leverage to force other improvements the Council would like to have done He did not believe that would be fair. Councilmember Young felt the fueling facility is an amenity as there are so few in the area. Councilmember Brimeyer asked if Gamble Drive extended is a public street, and Ms. Jeremiah responded, no, it is not Councilmember Brimeyer stated traffic circulation is an internal problem, and the property storeowners at Park Place Plaza will have to solve it. Councilmember Bnmeyer thinks a fueling facility is not the most compatible facility with the original approved PUD Councilmember Nelson stated Area 1 is a significant problem and Costco has agreed to improve it. He agreed that Area 4 may or may not be problematic, however, Area 3 is a problem and must be addressed regardless of the fate of Lot 9 and Costco's willingness to underwrite improvements there. Councilmember Nelson asked for the City Attorney's opinion as to whether a taking process would be viable in this situation. Councilmember Sanger stated that she was prepared to make a motion to uphold the denial at this time but suggested a two to four week continuance to give the City Attorney time to research Councilmember Nelson's question and see if it could be worked out contractually among the property owners on the PUD Council Meeting Minutes -7- July 16, 2001 Councilmember Nelson suggested that the matter be continued for two or four weeks pointing out that if the City Attorney determines it is not possible for the City to take the property and initiate the traffic changes, then the City Council must decide what to do with Lot 9 given the traffic impacts. Councilmember Sanger agreed and asked if City Staff and Costco representatives could use the time to determine if there is a voluntary solution to the process. Mayor Jacobs agreed that there are traffic impacts on that parcel for the remaining parcels, but, didn't want to hold up the process due to traffic problems created by other tenants and felt that it unfairly penalized Costco Councilmember Santa said she finds the traffic problematic and felt a fueling facility would add to the problem. She concurred with the recommendation to deny as nothing persuades her that a fueling facility is the best use of this spot. Councilmember Santa also agreed that a continuance would be appropriate. Mayor Jacobs said he felt there was general concensus for further study on the issue of traffic _ _Cpuncilmember Young suggested moving forward with the fueling facility and allowing Costco to make the traffic improvements Councilmember Young stated that he did not believe condemnation for purposes of traffic improvements was good public policy. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to continue the request for a major amendment by Costco Wholesale to the approved planned unit development for park place plaza to permit a 12 station fueling facility. The motion passed 7-0 7c. Housing Improvement Area Policy Resolution#01-061 Housing Manager, Ms. Michele Schnitker, said the policy before the Council had been revised per council direction at the study session where it had first been presented. Language had been added to ensure that the city is considered as a lender-of-last-resort for an association. An average market-value threshold will be used to determine an association's eligibility Councilmember Young said he is supportive of and appreciative of the language changes in regard to the assessment fees and average market values. Councilmember Young moved to adopt Resolution #01-061 establishing a Housing Improvement Area Policy, seconded by Councilmember Sanger. The motion passed 7-0. 8. Boards and Committees a Reappointment of Catherine Courtney to the Housing Authority Councilmember Young moved to reappoint Catherine Courtney to the Housing Authority, seconded by Councilmember Sanger. The motion passed 7-0. b Appointment to the Board of Zoning Appeals--None Council Meeting Minutes -8- July 16, 2001 9. Communications From the City Manager—Mr. Meyer said a special City Council meeting will be held on July 23, 2001 regarding the final PUD approval for the Park Commons development. Mr. Meyer received notice from Fire Chief Bob Gill informing him of Chief Gill's retirement effective July 27, 2001. 10. Executive Session Councilmember Nelson moved to adjourn to the Executive Session to discuss pending litigation regarding fill at Wolfe Park and the Chnstianson Garage Vanance. Motion seconded by Councilmember Santa The motion passed 7-0 All councilmembers were present at the executive session Also in attendance were Charles W. Meyer, City Manager; Cynthia Reichert, City Clerk; Brian Hoffman, Director of Inspections; Tom Scott, City Attorney; and Susan Sager, Senior Land Use Attorney with the League of MN Cities. As a result of discussion Council asked Mr. Scott to move forward with litigation proceedings regarding Wolfe Park Fill. Regarding the Christianson Garage, Council reviewed various settlement options with their attorneys and gave direction on how to proceed. 10. Adjournment Mayor Jacobs adjourned the meeting at 11.59 p m. Ciir Clerk M. of'