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HomeMy WebLinkAbout2006/02/06 - ADMIN - Minutes - City Council - Regular TY OFFICIAL MINUTES it;LOLIOIFS RK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 6, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, C Paul Carver, Phil Finkelstein, Loran Paprocki and Susan Sanger Councilmember Paul Omodt was absent. Staff present: Associate Planner(Mr. Fulton), City Manager(Mr. Harmening), City Attorney(Mr. Scott), Community Development Director(Mr. Locke), Director of Inspections (Mr. Hoffman), Director of Parks & Rec. (Ms. Walsh), Housing Program Coordinator(Ms. Larsen), Planning/Zoning Supervisor(Ms. McMonigal), and Recording Secretary(Ms. Stegora-Peterson). 2. Presentations -None 3. Approval of Minutes 3a. City Council Minutes of December 19, 2005 Councilmember Finkelstein indicated on page twelve, second paragraph (regarding PPL), replace "negotiation process" with "replace agreement." The minutes were approved as corrected 3b. Study Session Minutes of January 9, 2006 The minutes were approved as submitted. 3c. City Council Minutes of January 17, 2006 Councilmember Sanger indicated on page 12, the motion was passed on a 4-1 vote, but six people were present. Councilmember Basill believed Councilmember Omodt might have stepped out of the room when the vote was taken Councilmember Sanger asked the minutes reflect that. The minutes were approved as corrected. 3d. Study Session Minutes of January 23, 2006 Councilmember Finkelstein noted under Item 4, paragraph five, end of first sentence, add "but with no commitment at this point in time as to when they would start the public process on the sidewalk. They needed to see what other projects were first in line." Councilmember Sanger stated under Item 3, first paragraph, to clarify the pedestnan crossing "at Ottawa Avenue " The minutes were approved as corrected. Council Meeting Minutes -2- February 6, 2006 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. Authonze staff to execute an Agreement with Unplugged Cities related to partnership to deliver Broadband Access and Public Safety and Service Applications over a Meshed Wireless Network in an amount not to exceed $26,000 4b. Item was removed. 4c. Adopt Agreement between the Friends of the Arts and the City of St Louis Park. 4d. Approve Resolution No. 06-017 establishing a special assessment for the installation of a fire suppression sprinkler system at 4300 36'/2 Street, St. Louis Park, MN 55416, rescinding Resolution No. 04-143 adopted December 6, 2004. 4e. Approve Resolution No. 06-018 establishing a special assessment for the installation of a fire suppression sprinkler system at 4003 Wooddale Avenue, St Louis Park, MN. 4f. Approve Resolution No. 06-024 for year 2006 Liquor License Renewals for license year to run March 1, 2006 through February 28, 2007. 4g. Adopt Resolution No. 06-025 approving a minor amendment to a Planned Unit Development (Tower Place PUD) for exterior changes at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery). Case No. 05-75-CUP. 4h. Approve Resolution No. 06-026 to designate Marcia Honold as the Deputy City Clerk in the absence of the City Clerk. 4i. Approve a Resolution No. 06-021 supporting the City of St. Louis Park's application to the Minnesota Housing and Finance Agency(MHFA) for assistance in funding the citywide inspection "home rehab program". 4j. Adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: Resolution No. 06-028 Fuddruckers, Inc. 6445 Wayzata Blvd. Resolution No. 06-029 Grand City Buffet, Inc., 8914 Hwy 7 Resolution No. 06-030 Miracle Mile Liquor Barrel, 5111 Excelsior Blvd Resolution No. 06-031 McCoy's Public House, 3801 Grand Way Resolution No. 06-032 St. Louis Park Liquors, 6316 Minnetonka Blvd. Resolution No. 06-033 Cub Foods Knollwood, 3620 Texas Ave. Resolution No. 06-034 Taste of India, 5617 Wayzata Blvd. Resolution No. 06-035 Timber Lodge Steakhouse, 5500 Excelsior Blvd. Resolution No. 06-036 Winestyles Chateau Louis, Inc., 3840 Grand Way Resolution No. 06-037 Yum, Inc., 4000 Minnetonka Blvd. 4k. Approve Resolution No. 06-038 for Final Payment to Cool Air Mechanical for replacement of HVAC. City Project No. 2005-1600 Contract No. 112-05 41. Designate Rainbow Tree Care, Inc as the lowest responsible bidder and to authorize execution of a contract for the 2006 Arbotect 20-S Elm injection program at a cost of$12 15 per diameter inch. 4m. Accept Board of Zoning Appeals Minutes of September 22, 2005 for filing. 4n. Accept Board of Zoning Appeals Minutes of October 27, 2005 for filing. 4o. Accept Board of Zoning Appeals Minutes of January 5, 2006 for filing. 4p. Accept Human Rights Commission Minutes of November 16, 2005 for filing. 4q. Accept Human Rights Commission Minutes of December 21, 2005 for filing. Council Meeting Minutes -3- February 6, 2006 4r. Accept Planning Commission Minutes of December 21, 2005 for filing. 4s. Accept Planning Commission Minutes of January 4, 2006 for filing. 4t. Accept vendor claims for filing (supplement). It was moved by Councilmember Finkelstein, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar The motion passed 6-0. 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions Mayor Jacobs thanked those who served on the boards and commissions. It was moved by Councilmember Finkelstein, seconded by Councilmember Carver to appoint the following citizen representatives. Commission Appointed Member Term Expires Planning Commission Richard Person December 31, 2006 CEAC Community Education June 30, 2008 Joe Tatalovich Advisory Council PRAC—Parks and Recreation George Hagemann December 31, 2007 Advisory Commission Nick Magrino—youth member December 31, 2007 PAC—Police Advisory Commission Richard Markgraf December 31, 2006 HRC —Human Rights Mindy Greene December 31, 2006 Commission The motion passed 6-0 Councilmember Finkelstein noted they had additional openings and were doing more interviews Mayor Jacobs added there were additional opening on the Human Rights. If interested, contact the City Clerk's Office. 6. Public Hearings 6a. Public Hearing to consider an appeal of the Board of Zoning Appeals denial (2-2 vote) of a variance from the Zoning Ordinance to allow an addition. Mr. Morrison presented the staff report. Mayor Jacobs opened the public heanng. John White, applicant, stated a goal of the Council is to promote a balanced and sustainable housing stock to meet diverse needs including remodels which add more bedrooms, more bathrooms, 2+ garages, which they were trying to do. Their lot width is 80', five feet under the minimum lot size. If they deducted the setbacks and the width of Council Meeting Minutes -4- February 6, 2006 the house, it left a balance of 1.7'. There were concerns the long wall would look like a fortress. It would not be visible to people driving by or looking from the south. They would put in shrubbery to break up the wall. They needed to maximize the value of their property and make it more comfortable. They had a hardship because they had spent a great deal of time and money to get to this point. If they wanted to sell the property, they need have a good resale value, which required good design. A design suggested by the Board of Zoning Appeals to conform to the zoning ordinance was not practical. He submitted letters from the neighbors on the north, east, west, and a neighbor down the street in favor of granting the variance. Perry Bolan, architect, indicated a new construction one block east of this property has homes near$1 million, so it made sense to put value into this addition with a straightforward, simple design that makes sure the master bedroom is very livable. If they were forced to put in a jog, the room was not nearly as nice. Offsetting the suite would put some or part of it up against their picture window, which would only be 1.7 feet from the wall. It adds value to the community. The narrowness of this lot was a hardship. They will be making an investment, and if they followed the zoning ordinance to the letter, they would not see as good of a return and get a lot less for the property when they sell it. They were proposing landscaping along the north wall with conifer trees that would break up the wall He asked that the vanance be granted. Councilmember Carver asked the height of the roofline? Mr. Bolan replied nine feet to the eave which would continue to the addition. Councilmember Carver asked the maximum allowable height for a fence in the backyard? Mr. Morrison replied six feet. Mayor Jacobs closed the public hearing. Councilmember Sanger commented under normal circumstances she did not like to overturn the work of the Board of Zoning Appeals (BOZA) and she supported the rationale behind the zoning ordinance. However, she didn't think that rule made sense for this particular property. There are hardships associated with the arrangement on the property that support granting a variance. The property was too narrow compared to what the zoning code required. It is on a corner and as a result the house is set further back from 26th Street, off-center and relatively close to the property to the north. If this variance is granted, another hardship would be avoided. She was invited to the home and the picture window view would be partially blocked if the solution that the Planning Commission came up with was implemented If the Board of Zoning Appeals solution were required, the bedroom would be a zigzag shape, which would be unworkable. The only person who would ever see the long wall were the people in the home directly to the north, who support the variance application. The suggestion of softening the appearance with landscaping or fencing would take care of it. You cannot see the wall from any other direction. It was moved by Councilmember Sanger, seconded by Councilmember Carver to direct staff to draft a resolution approving a variance to section 36-1630(8) of the Zoning Ordinance to allow an addition to the house with a 7 foot 2 inch side yard instead of the required 9 feet 10 inches at 2537 Inglewood Ave S, with a condition prohibiting a second story on the home Council Meeting Minutes -5- February 6, 2006 Mayor Jacobs asked the City Attorney if they could draft a vanance prohibiting construction of a second story? Mr. Scott replied yes. Councilmember Finkelstein asked if that was acceptable to the applicants? Mr. White replied yes. Councilmember Finkelstein stated he viewed the property and agreed with Councilmember Sanger. This is a unique request, they have a small lot on a corner and if they were to get any'enjoyment of their property and follow the housing goals, this was the one way to do it Councilmember Paprocki added this was a very deep lot and there would be plenty of yard left. He commended them for a well-done addition. Councilmember Carver agreed with previous comments. He noted that the Zoning Appeals Board had a 2-2 vote and clearly they had some questions. It was ironic there was no problem adding a garage addition, but a problem adding to the living space. Mayor Jacobs agreed with the fact that there was a lot of thought at the Board of Zoning Appeals. They do a lot of work and he typically didn't like to overturn their work either. As he went through the seven factors necessary to grant a variance, there were clearly grounds to'grant a variance on a number of those The motion passed 6-0 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions 8a. Hoigaard Village- Final Planned Unit Development(PUD) and Final Plat Resolution No 06-019 and 06-020 Mr. Fulton presented the staff report. Noah Bly, Urban Works Architecture discussed the project site plan and presented a 3D design model. Frank Dunbar, Union Land II, reiterated that Hoigaard's is in business and will stay in business through construction. The closing is scheduled for February 28`h. He hoped the redevelopment contract would come together this week. If that happens, they would buy all three parcels on February 28th and start immediately going through the review process to begin demolition, which would take 60-90 days and open a marketing office in March. When they meet their presale requirements, they hope to start Phase I in June 2006 and complete in June 2007 They would start the second building around the first of September and complete it twelve months later. Hoigaard's is working with them to determine the time for them to be acquired. They are a member of the partnership. They will start the Hoigaard's project when they make a determination about relocating They would be back before the Council for Phase II plans. Council Meeting Minutes -6- February 6, 2006 Councilmember Basill asked for an update on Hoigaard's. He had been receiving phone calls asking why the city was initiating this. The city did not initiate this, Hoigaard's decided to sell. What are their plans? Mr. Dunbar replied they had indicated they would probably go elsewhere and were looking at a number of sites, but had not shared those. It was a very slight possibility they would stay on 36th Street. Councilmember Basill wanted the community to know that Hoigaard's was choosing to sell and most likely wouldn't be on 36th Street. They could not force a business to stay here and residents should know that the city was not controlling this Councilmember Finkelstein stated either the deal made sense or it didn't and they were not approving or making any changes regarding tax increment financing in regards to whether Hoigaard's stayed or not. They would not be doing this deal as a business subsidy. Mr. Dunbar stated they had a number of options, that did not mean they would leave the community. They were working with them on the best time frame to acquire the site. Councilmember Finkelstein asked clarification that Hoigaard's was now a partner in the real estate project? Mr. Dunbar replied that was true. Councilmember Finkelstein asked if that would affect the City's ability to issue tax increment financing. Mr. Scott didn't believe it would. Councilmember Basill asked when the TIF discussion would come forward? Mr. Locke replied staff was working on that and it would be before the EDA and the Council on February 21st. Mr. Dunbar indicated that element was critical to him for closing on February 28`h Mr. Harmening clanfied the business points were brought to the Council a few weeks ago with the amount of tax increment, the interest rate and the length of time. They were being incorporated into the development contract that would be coming before Council. Councilmember Sanger asked what guaranteed all four buildings would be done by the deadline. Ms. McMonigal replied the planned unit development is for the entire development. They were looking at re-platting the first two buildings because those are the buildings they were purchasing, demolishing and reconstructing at this time. There are some financial guarantees that would be required as part of a planning/development contract which included giving a financial guarantee for the pond. Councilmember Sanger asked by what date would they reasonably expect that the whole project would be completed? Mr. Dunbar responded under the terms of the TIF, the outside date everything has to be done is December 2009. The draft development agreement says everything has to be done by December 2008. Councilmember Basill stated this is the first building on 36`h Street and it needs to look good for the community because it is an entrance to the neighborhoods. Had they done market studies on this type of building(retro/industrial) and the attractiveness to buyers? Mr. Dunbar replied a market research group analyzed the exterior/intenor and diversification of the project. They made changes to the extenor to provide more detail. Council Meeting Minutes -7- February 6, 2006 Councilmember Basill asked the unit prices? Mr. Dunbar replied the most cost effective units would be $192,900 and the corner units on the top would be $415,000, which had been sold. The majority will be in the mid $300,000 range. Councilmember Basill asked about the setback from 36th Street and expressed concern about the walk-ability as people come over the bridge. Mr. Dunbar replied they had tried to address that concern. Councilmember Basill commented about the two buildings on the corner which were not involved with this project. It would have been better if those buildings were part of the project, although he realized they couldn't be because of the unwillingness of the property owners, he would not be in favor of parking variances in the future. He commended the developer for coming in with the nght density and seeing what fit for the community. This is below what they could put on this property. They had found a nice balance. David Stall, Urban Works, displayed other similar projects in the neighborhood (Excelsior and Grand and Village in the Park) and compared the setbacks. They have 22' from the curb edge, which did not include a parking aisle. Above the retail it steps back for the residential. Councilmember Basill felt the additional space would make it pedestrian friendly. Councilmember Finkelstein pointed out that this builder took account of lower density and lower height in terms of meeting neighborhood needs and they encouraged other builders to take a look at that issue too. Ms. McMonigal stated because they were working on the redevelopment contract, some conditions of approval may be modified. The redevelopment contract will be before Council on February 215t, and they would clarify the conditions in the contract. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-019 approving the Final Planned Unit Development, subject to conditions as recommended by Staff The motion passed 6-0 It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-020 approving the Final Plat for Lots 1 and 2, Block 1, Hoigaard Village 1st Addition, subject to conditions as recommended by Staff The motion passed 6-0 8b. Comprehensive Plan Amendments for three Excess Land Parcels Resolution No. 06-021, 06-022 and 06-023 Mr. Fulton presented the staff report. Councilmember Paprocki stated that the Edgebrook site was used occasionally by residents as parking and access to the park. By changing the zoning, he wanted to be sure they still had an opportunity to reserve space for parking and/or access to the park? Ms. Larsen replied yes. Council Meeting Minutes -8- February 6, 2006 It was moved by Councilmember Paprocki, seconded by Councilmember Sanger, to adopt Resolution No. 06-021 amending the Comprehensive Plan for 7701 Edgebrook Drive from P-Park to RL -Low Density Residential and approve publication of the summary resolution; to adopt Resolution No. 06-022 amending the Comprehensive Plan for a portion of 9019 Cedar Lake Road from P-Parks and Open Space to RL -Low Density Residential as shown on the attached map and approve publication of the summary resolution; and, to adopt Resolution No. 06-023 amending the Comprehensive Plan for 2715 Monterey Avenue South from P-Park to RL -Low Density Residential and approve publication of the summary resolution. The motion passed 6-0. 8c. Agreement Between the City of St. Louis Park and Torah Academy Relating to Joint Use of Facilities. Ms. Walsh presented the details of the agreement and noted Torah Academy requested it be a two-year agreement. Rabbi Ginsburg, Dean at Torah Academy, stated a paper agreement was only as good as the people who signed it. He understood the need for the formality, but appreciated and valued the relationship that they have had and looked forward to continuing it. It was moved by Councilmember Sanger, to adopt approve the agreement between the City of St. Louis Park and Torah Academy for joint use of facilities, with amendments as follows: Section 7, clarify this is a two-year agreement commencing on January 1, 2006 and ending December 31, 2007; Section 3, add "non- exclusive" in the second sentence after "The Academy will have the"; at the end of the same paragraph insert "and the city will determine when repairs or replacement of the equipment is necessary"after "...safety regulations. ". Councilmember Paprocki asked about the non-exclusive use? Councilmember Sanger replied dunng the school day Torah Academy and its children would have the use of the playground,but that should not preclude others in the neighborhood who may also want to use the playground equipment at the same time. Councilmember Paprocki asked if that was amenable to the Academy? They replied yes The motion was seconded by Councilmember Finkelstein. Councilmember Sanger asked if this would impact the city's agreement to maintain or replace the park building. Ms. Walsh replied what would be in the city's best interest would be to wait until Torah Academy got further along in their Visioning process. The city's intent is to change that building, either reconstruct it in its present form or create a picnic shelter usable to the neighborhood. They would also like to do field improvements at that time. Torah Academy is undertaking a Visioning process and they want to work with that. Christie Ulman, Board of Directors at Torah Academy, suggested they clanfy in Sections 2 and 3, the last sentence where it says, "The parties..." to be "Both parties". Council Meeting Minutes -9- February 6, 2006 Councilmember Sanger and Councilmember Finkelstein agreed on the friendly amendment to Sections 2 and 3, last sentence to change, "The parties . "to "Both parties" The motion passed 6-0 8d. First Reading: Proposed Ordinance Amending Chapter 12, Section 11, Private Residential Pools Mr. Hoffman presented the staff report. Mayor Jacobs asked if this would apply to existing pools? Mr. Hoffman replied, only for new pool installations. Mayor Jacobs asked if there was a concern about building up too much heat? Mr. Hoffman replied the pump house would have to be large enough to allow heat to escape and be ventilated. Councilmember Basill believed manufacturers of pumps have specifications for enclosures. They would need to get a permit and it would be inspected to make sure they were following the specifications. Mr. Hoffman replied that was correct This code requirement would not set the specifics and not tell people how to build it They would say to put it inside of a detached accessory structure (i.e garage) or in a pump enclosure Councilmember Sanger spoke in favor of the motion. This has been an issue for some people, particularly as some of the pump motors age, they don't work as quietly as they were designed and it becomes an issue for neighbors It was moved by Councilmember Sanger to approve First Reading of the amendment to the Environmental Code -Private Residential Pools section of the Ordinance Code and to set 2nd reading for February 21, 2006 Councilmember Carver asked if this would apply if someone were replacing a pump? Mr. Hoffman replied no, only with a new pool installation. Councilmember Carver seconded the motion. Councilmember Paprocki clanfied someone getting a new pump would not need an enclosure, but if they were getting a new pool, they would Mr. Hoffman replied yes The trigger is the permit, which is required for the installation of a swimming pool or replacing a pool and would need to meet performance cntena. Councilmember Paprocki asked that could encourage someone not to replace their pool and just replace their pump to avoid enclosing it. Sheds need to have a pad to avoid wildlife inhabiting underneath. Does this require a pad? Mr. Hoffman replied it would be the owners choice, it was not required. Councilmember Paprocki asked what a noise attenuating structure was? Mr. Hoffman replied something designed to reduce the sound being transmitted from the equipment to the outside. It could Abe any type of wood structure and it would need to meet the code requirements. Councilmember Paprocki was unsure why they were doing this. Council Meeting Minutes -10- February 6, 2006 Mayor Jacobs agreed, he understood a concern was raised by a resident, but he did not see a big enough problem to do something. He was unsure he could support this. Councilmember Sanger believed this was a growing problem because a growing number of people were installing pools. Sometimes they were on smaller lots and closer to neighbors. While a motor may be designed to be quiet, that doesn't mean it actually was quiet. Because they run non-stop, it can be an imtant to neighbors. Mayor Jacobs was unsure pumps were louder than air conditioners. He hadn't heard any complaints on this issue and didn't believe it was a big enough issue to pass an ordinance. Councilmember Basill agreed with the issue about rodents and thought it would be a burden to put in a cement pad. He was concerned about the heat, how they would be built and if it would be a fire hazard He understood a resident had a concern, but he didn't know if there was a problem. Councilmember Finkelstein believed this was discussed in 2005 and they thought the "cure might be worse than the disease"with people putting up structures, although he was sympathetic to the resident with concerns Mayor Jacobs noted this ordinance wouldn't solve that problem. The motion failed 1-5 with Councilmember's Basill, Carver, Finkelstein, Paprocki and Mayor Jacobs opposed. 9. Communications Mayor Jacobs reported on the Visioning process and indicated a Visioning Summit would be held Sunday, February 12th at the High School Field House from 1-4 p.m. The Remodeling Fair will be February 26th at the Eisenhower Community Center in Hopkins from 10:30 a.m. - 3:30 p m. The Youth Summit will be held on March 30th at the St. Louis Park Junior High. More information will follow. 10. Adjournment The meeting adjourned at 9:07 p.m. 1�I City Clerk ayo��