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HomeMy WebLinkAbout2008/09/15 - ADMIN - Minutes - City Council - Regular `11 St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 15, 2008 1. Call to Order Mayor Pro Tern Sanger called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Pro Tern Susan Sanger,John Basill, Phil Finkelstein, Paul Omodt and Loran Paprocki. Councilmembers absent: Mayor Jacobs and C. Paul Carver. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Police Chief(Mr. Luse), Fire Chief(Mr. Stemmer), Environmental Coordinator (Mr. Vaughan), Recreation Superintendent (Mr. Birno), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt). Other present: Ms. Tilsner, (Minnesota Recreation and Park Association), Mr. Bakken (Local 993 Union President), Mr. Gregory (Greco Real Estate Development), Mr. Bader, Mr. Davolis, Mr. Farber and Ms. Merrigan (Bader Development), Mr. Buckeye (Mn/DOT) and Residents Mr. Skinner, Mr. Miller, Mr. Walbran, Ms. Baker, Mr. White, Mr. Carlisle, Ms. White, Ms. Rose, Ms. Anderson and Mr. Anderson. 2. Presentations 2a. Minnesota Recreation and Park Association - Recycling in the Parks Program Award Ms. Tilsner, Minnesota Recreation and Park Association Member presented an Award of Excellence to the City Council and Park and Recreation Department for the Recycling in the Park Program. She further stated in 2007, the community recycled 3.4 tons of material in the parks, which had outstandingly doubled the 2006 amount. 2b. 2008 Evergreen Awards Mr. Vaughan presented Jodi Johnston, 3156 Idaho Avenue South and Barbara Bindgen and Tom Johnson, 4107 W 40`h Lane with the 2008 Evergreen Awards. He explained that the Evergreen Awards are awarded in recognition of properties that are uniquely designed, landscaped and well maintained with an emphasis on landscaping. Official City Council Meeting Minutes -2- September 15, 2008 2c. Minnesota Recreation and Park Association Rink Rat Hockey Program Award Ms. Tilsner presented an Excellence in Programming Award from MRPA for the Rink Rat Hockey Program, which establishes the opportunity for youth to play outdoor recreational hockey in a minimally structured environment. 2d. Retirement Recognition for Lieutenant Dale Antonson Mayor Pro Tem Sanger read a Resolution and presented Fire Lt. Dale Antonson with a plaque of appreciation for his 21 years of dedicated service to the City of St. Louis Park and its community. Mr. Eric Bakken presented Mr. Antonson his badge plaque for his leadership in the Local 993 union for over 20 years. 3. Approval of Minutes 3a City Council Closed Executive Session Minutes September 2, 2008 The minutes were approved as presented. 3b. City Council Minutes September 2, 2008 It was noted on page three, item#8a, the first paragraph, should be located prior to the motion on page two. 3c. City Council Special Study Session Minutes September 2, 2008 It was noted on page one, Councilmember C. Paul Carver was absent. It was noted on page two, item#2, the fourth paragraph should state: "... it was a great vision and should consider multiple locations, including possibly partnering with the school district on property they own on and around the current high school sports field." 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. 08-011 to recognize Dale Antonson's retirement after 21 years of service to the City of St. Louis Park. 4b. Adopt Resolution No. 08-112, requesting the Metropolitan Council to provide additional time to complete the Comprehensive Plan Decennial Review. Official City Council Meeting Minutes -3- September 15, 2008 4c. Authorize staff to issue a Request for Bid to replace the existing City building telephone system. 4d. Approve Contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2008-2009 winter season. 4e. Designate G.L. Contracting Inc. as the lowest responsible bidder of the earthwork portion and authorize execution of a contract with the firm in the amount of $131,090.04 and designate DMJ Corporation as the lowest responsible bidder of the paving aspect and authorize execution of a contract with the firm in the amount of $251,307.44 for the Fern Hill Park project. 4f. Designate G.L. Contracting Inc. as the lowest responsible bidder for the construction of Tennis Courts at Bass Lake, and authorize execution of a contract with the firm in the amount of$128,223.30. 4g. Approve Change Order No. 1 to Contract 80-08 - Water Project — Recoat Elevated Water Tower No. 4 - Project 2007-1500. 4h. Adopt Resolution No. 08-113, authorizing a Hennepin County Grant Agreement to fund the City's curbside recycling program. 4i. Adopt Resolution No. 08-114 establishing a special assessment for the repair of the water and sewer service line at 3217 Florida Avenue South. 4j. Adopt Resolution No. 08-115 accepting Donation from American Legion Post 282 in the amount of$500 for use at Westwood Nature Center. 4k. Adopt Resolution No. 08-116, establishing a special assessment for the installation of a fire suppression sprinkler system at 4838-4850 35th Street, St. Louis Park, MN. 41. Adopt Resolution No.08-117, approving designation of nonconservation land shown on Classification List "1442 C/NC" by Board of County Commissioners of Hennepin County for the property at 3308 Xenwood. 4m. Adopt Resolution No. 08-118, accepting Minnesota Department of Natural Resources Federal Recreational Trail Grant. 4n. Approve for Filing Vendor Claims. 40. Approve for Filing Human Rights Commission Minutes April 15, 2008. 4p. Approve for Filing Human Rights Commission Minutes May 20, 2008. 4q. Approve for Filing Police Advisory Commission Minutes September 3, 2008. 4r. Approve for Filing Planning Commission Minutes August 6, 2008. 4s. Approve for Filing Housing Authority Minutes July 16, 2008. It was moved by Councilmember Paprocki, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public— None Official City Council Meeting Minutes -4- September 15, 2008 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amendments Relating to Dogs Police Chief Luse presented the staff report. Councilmember Basill stated he appreciated all the work done by police staff on this ordinance, further stating it's important to keep up with the state law and a good ordinance to have in place. Councilmember Finkelstein noted that Council has had at least three separate study sessions regarding the amendments and felt they have considered their decision very carefully. He further stated they had considered off-leash dogs, but decided against it since it could lead to confusion. Mayor Pro Tern Sanger clarified that the off-leash remarks do not apply to the dog parks. It was moved by Councilmember Basil!, seconded by Councilmember Omodt, to adopt First Reading of Ordinance amending Sections 4-81 through 4-89 concerning dogs and set second reading for October 6, 2008. The motion passed 5-0. 8b. Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe. Resolution Nos. 08-119 and 08-120 Mr. Morrison presented the staff report. Councilmember Basill asked if they had the authority to include the public art as part of final PUD. Mr. Morrison stated the outlot would be owned by the City and the public art would be included on the public land. Councilmember Basill wanted to commend staff and the developer for the increase of building to street allowance, allowing more walkability. He further stated concern with the public parking and the proposed light rail at 36th and Wooddale proposed for 2016. He suggested that if it should become a problem, staff look at possibly putting time limits to assist the retail customers. He also asked if the top of the building would be screened from the Elmwood neighborhood. Mr. Morrison stated it would be screened from all sides. Councilmember Finkelstein stated he hoped the commercial space would not be in name only and that other amenities would be open to public for mixed use. Official City Council Meeting Minutes -5- September 15, 2008 Mr. Gregory, Greco Real Estate Development, stated they have every intention of honoring the requests of Council and stated they agree with having parking restrictions. Councilmember Basill clarified that parking restrictions would benefit their development as well as the neighboring commercial properties. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to adopt Resolution Nos. 08-119 and 08-120 approving a Final Plat with easement variances and Final Planned Unit Development (PUD) approval for a five story mixed use building with commercial uses on the ground floor and senior residential on the upper floors with conditions as recommended by the Planning Commission and Staff. The motion passed 5-0. 8c. Comprehensive Plan Map Amendment — Al's Bar Redevelopment 3408, 3412 France Avenue; 3409, 3413, 3417 Glenhurst Avenue Case No.: 08-27-CP. Resolution No. 08-121 Mr. Walther presented the staff report. Mr. Bader, Bader Development, gave a brief background of his company. Dean Dovolis gave an overview of the project. Damon Farber gave an overview on the landscaping, plaza components and streetscape. Pat Skinner, 3336 Huntington Avenue South, stated that as a member of the group that put together the development design guidelines, this project is the closest to meeting those guidelines. He also felt that issues such as parking, buffer and height should still be consulted with the neighborhood. Mr. Skinner stated the Comprehensive Plan shouldn't be changed to accommodate one project. He suggested the City consider a way to change the Comprehensive Plan, after the fact, as an administrative manner based on approval of the project by City Council. He further requested that Council put in clear definable terms some type of reversion clause to reset it, if the project changes or doesn't happen. Mayor Pro Tern Sanger asked Mr. Scott if there is a mechanism to amend documents for a means of a reversion status if the currently proposed project doesn't go forward within a reasonable amount of time. Mr. Scott explained the current ordinance provision requires they act on the Comprehensive Plan amendment before accepting an application for the PUD and rezoning. He further stated that if Council approved the Comprehensive Plan, they could also consider a motion to direct certain benchmarks for re-guiding back to the current zoning. Official City Council Meeting Minutes -6- September 15, 2008 Mayor Pro Tern Sanger asked how that would be done and if staff would have to draft a motion for the next meeting. Mr. Scott stated staff had language available for Council's consideration. Councilmember Basill stated he understood the neighborhood concerns and felt there needed to be an additional motion for added protection. He gave a brief history of requests for this property and the neighborhood involvement in creating the design guidelines. Councilmember Basill stated that they would be taking a leap of faith whenever the Comprehensive Plan is changed and felt that the future controls were not enough if the proposal did not go through and has consulted with staff for language on re-guidance in such cases. John Miller, 3550 France Avenue South, stated he has been a resident of St. Louis Park for over 40 years and stated concern that the guidelines would not be followed if the Comprehensive Plan was changed. He referenced Minnesota case law and explained that the only way you can change a Comprehensive Plan is: 1) explain why the original plan was in error; or 2) show a change in circumstances which make it absolutely imperative and necessary to change the plan to make use of the property. Mr. Miller explained that the established design guidelines would be abandoned if the Comprehensive Plan was changed. Joseph Walbran, 3806 Glenhurst Avenue, felt the developers made a honest effort to follow their design guidelines and appreciated their efforts. He suggested that the developer agree to a conditional grant. He further stated his concern with the height and felt it should only be four stories tall, with room in the center of massing up to five stories. Mr. Walbran was concerned if they developer acquired the motel, it too would be five stories, creating a wall down Excelsior Boulevard. He concluded by adding that his wife felt the traffic problems could be reduced by the usage of traffic circles. Betsy Baker, 3905 Kipling Avenue, stated she had been involved in the developments for the Al's Bar site for 12 years, stating she shared the same concerns of Mr. Skinner and Mr. Walgran. She too,would like to see it kept under four stories. Douglas White, 4118 Randall, stated the development guidelines request that the hotel be included in the development of the property, which would allow more access to the buildings. Mr. Walther stated the development guidelines are used as a tool for evaluating development proposals that come in and the guideline anticipated phased development. Mr. White felt they have been part of a "zoning creep" through the years with Comprehensive Plan changes and zoning changes along the way, with no "step-up" in between. He also stated concern as to why the motel property was not included by the developer. Mr. White also questioned the number of proposed units. He further asked why they have development guidelines if the City is not following them. Official City Council Meeting Minutes -7- September 15, 2008 Councilmember Basill stated that the current zoning is used as a reference to illustrate the number of units under the current zoning units of 132 and the proposed units of 133. Councilmember Basill stated the developer is aware of the concerns with the buffer yard and is willing to work with the neighborhood to create a good buffer yard. Mr. Locke clarified that the discussion was on the Comprehensive Plan and not rezoning. He explained that the Comprehensive Plan discusses broad uses, broad categories and basic intensity of development. Mr. White stated the reason for going through the Comprehensive Plan was so that they could go through the rezoning. Mr. Locke explained the rezoning would be a discussion for another night. Mr. White stated he felt the development guidelines called for respecting the current Comprehensive Plan and zoning and hoped that Council would take that into account. He also felt the increased value may be at the detriment of the people living next door. Chris Carlisle, 3321 Huntington Avenue, felt the optics were bad and that there was delineation between the Comprehensive Plan and zoning. He stated it seemed to be fundamentally changing the character of the economic value of those properties and felt that it procedurally was getting rammed through. Mr. Carlisle felt a conditional approval made sense and may give the neighborhood some comfort. He also felt the motel site should be developed at same time. Elizabeth White, 4118 Randall, felt the way the property currently exists is a real buffer with green grass, which would keep single family houses apart from a development. Ms. White stated concern with the rezoning in 1999 from R1 to R4, with no development happening and nothing being reversed. She also suggested TIF money not be used for providing green roofs, but for something of value to the neighborhood. Nancy Rose, 3402 Huntington Avenue, stated her concern with the commercial mixed-use designation of the Comprehensive Plan. She stated the goal of creating a livable community would not be met, since the needed population density would be lacking. She further stated that pedestrians would be insignificant to the businesses and parking requirements established by the City would reveal an expectation that wouldn't be many pedestrians. She felt the proposal may damage the livability of the neighborhood by causing a mini shopping plaza sandwiched between two residential areas and forcing commercial parking right up to a residential area. She asked that the proposal be rejected and consider a land-use review for the property that would promote livability for the community and not do damage to it. Ellen Anderson, 3336 Glenhurst Avenue, stated her concern with the nature of the parcel of land that is close to the neighborhood. She felt it is new territory to merge mixed-use commercial with residential and should be looked at more closely allowing other options on how to merge them. Official City Council Meeting Minutes -8- September 15, 2008 Wells Anderson, 3336 Glenhurst Avenue, stated his support to changing the Comprehensive Plan and requested that the two most northerly lots remain as mixed density residential. He further urged Council to only do a three-lot change versus a five-lot change. Mr. Anderson also stated concern with the traffic and a change could affect that. Mr. Anderson concluded by suggesting that Council take the livable community factors into account. Mayor Pro Tern Sanger asked staff if it would be possible to only change three of the five parcels. Mr. Locke stated it could create confusion if the Comprehensive Plan and zoning designation weren't treated as one. He further stated the planned unit development process would provide for the Council to put any number of conditions and controls on the site. Mr. Anderson stated he didn't have a concern with the future developer's restrictions, stating nothing is for sure and stated he understood that the entire lot would be easier if zoned as one zoning classification. Mr. Locke stated Mr. Anderson has a valid concern and it's something that would need to be addressed. He stated the goal is that rezoning and planned unit development would come together at one time and considered together. Mr. Locke suggested the question of what happens if things don't turn out as expected, should be addressed. Councilmember Finkelstein felt a Comprehensive Plan revision made sense with the reversion. He further stated he felt there was a change in the condition, as was questioned by Mr. Miller, stating Excelsior Blvd has changed. He went on state that Council has asked the developer and previous developers if they could deal with the motel at the same time and were told nothing was available and they did not have a reasonable price. Councilmember Finkelstein also noted the motel has been shut down and any suspicious activity should be reported to the police department. Councilmember Finkelstein felt it was a reasonable plan that wouldn't overwhelm the neighborhood, which would still allow light to come in, is interesting and would leave some green space. He further stated it isn't perfect and advised the developer to work hard with the neighborhood to come up with ideas on the buffer. Councilmember Finkelstein went on to state they have not made any TIF decisions and they would look at the numbers carefully as they go through the process. He thought the project made sense, as long as they could get an acceptable reversion process as suggested by Councilmember Basill. Councilmember Paprocki stated the project has to stand on its own merits and that he would be in support of the project with an acceptable reversion process. Councilmember Omodt reminded everyone that the issue was a Comprehensive Plan change and the State required the City to look at the Comprehensive Plan every ten years, which they are in the process of doing. He stated it would be nice to include the hotel site, but at this time it's just not possible. He liked the thought the combining the lots into one parcel. Councilmember Omodt felt that staff and the Planning Commission had done their jobs and would be voting in favor of it. Official City Council Meeting Minutes -9- September 15, 2008 Councilmember Basil stated it looked like a good quality project and reminded the developer that they need to work with the neighborhood. He further reiterated that Council felt the need to protect the City. It was moved by Councilmember Basil/, seconded by Councilmember Omodt to adopt Resolution No. 08-121 amending the Comprehensive Plan to re guide the land use designation for 3408 and 3412 France Avenue South;and, 3409, 3413 and 3417 Glenhurst Avenue South, from RM—Medium Density Residential to CMX— Commercial Mixed Use, subject to Metropolitan Council approval. It was moved by Councilmember Basil!, seconded by Councilmember Omodt to direct staff to initiate the comprehensive plan amendment process to re guide the land use designation for 3408 and 3412 France Avenue South; and, 3409, 3413 and 3417 Glenhurst Avenue South, from CMX— Commercial Mixed Use back to RM- Medium Density Residential should any of the following things happen: 1. a completed application for a Planned Unit Development (PUD) consistent with Bader Development's five story, mixed-use development concept plan as described in the September, 15, 2008 City Council meeting staff report for Agenda Item #8c is not received by October 15, 2008; or, 2 the completed PUD application is withdrawn; or, 3. the completed PUD application is denied; or, 4 the PUD approval expires. Councilmember Finkelstein asked Mr. Scott if more dates or times were needed in any of the conditions. Mr. Scott suggested a date in the first condition such as 30 days for a completed application. Councilmember Finkelstein asked if it would be something that could be extended with the current uncertain economic times. Mr. Scott clarified that if they did not submit a completed application within 30 days, it would direct staff to initiate to re-guide the property back. He further stated Council would have the ability to reconsider those hard deadlines. Paula Merrigan, inquired about the 60 day review of the application and if it could be changed to match 60 day timeframe. Mr. Scott clarified that they need to submit the application and the City would have 15 business days to let them know if it is complete or not. Mayor Pro Tern Sanger suggested that the zoning be changed to be consistent. Councilmember Basill stated that would be a friendly amendment and wished to add it to the amendment. He clarified the purpose of this change. Mayor Pro Tem Sanger pointed out there were two motions for approval. Official City Council Meeting Minutes -10- September 15, 2008 Mr. Scott suggested a motion to approve the Comp Plan amendment and then a motion for the re-guiding back,which was amended by the maker and the second. Mayor Pro Tern Sanger stated support for the change and felt it would be a much better land use and project. She explained that it is difficult to deal with conflicting parcels in different zoning districts. Councilmember Paprocki thanked the residents for their comments. The motion regarding the comprehensive plan amendment passed 5-0. It was moved by Councilmember Finkelstein as a friendly amendment for 30 days to receive a completed application. The motion directing staff to initiate a comprehensive plan amendment back to Medium Density Residential in the event of certain circumstances passed 5-0. Mayor Pro Tem Sanger suggested staff utilize sunset clauses on all projects going forward. Mayor Pro Tem Sanger thanked everyone for their participation and comments. 8d. I-394 MnPASS Phase II Planning Study Ken Buckeye, Project Manager, summarized the I-394 MnPASS Phase II Planning Study and requested the City pass resolution to support the study and their recommendations. Councilmember Omodt thanked Mr. Buckeye for his report and stated his frustration with Mn/DOT by explaining the City's previous project requests and no follow-through guarantees. Councilmember Omodt asked if Mr. Buckeye had a realistic time frame for completion. Mr. Buckeye stated they would need to compete in the programming process for the money, stating there were no guarantees that it would be programmed or funded within the next four years. Councilmember Omodt stated the projects seemed like good ones, but his trust in Mn/DOT was quite low and would not be supporting the request. Mr. Buckeye explained their resolutions of support would hold weight when they submit them for programming and would have an impact on prioritizing future projects. Councilmember Paprocki stated he was frustrated that they were getting solicited to support a project and its funding that was a lower priority than other projects that were not getting funded. Councilmember Finkelstein suggested the Task Force look at widening Hwy 100 and cleaning up entrance and exit ramps. Official City Council Meeting Minutes -11- September 15, 2008 Mr. Buckeye explained the present study was focused on MnPASS lanes and how it would benefit the corridor. Councilmember Basill thanked Mr. Buckeye for coming, stating they have had problems with Mn/DOT and suggested he relay the Council's concerns about the Hwy 100 build out back to Mn/DOT. Mayor Pro Tern Sanger asked if MnPASS had a citizen advisory task force and if they had received any public input. Mr. Buckeye stated Phase I allowed for public input, further stating Phase II was a planning study, not an implementation project. Mayor Pro Tem Sanger stated she shared Council's distrust and would not be in support of the resolution. 9. Communications Mr. Harmening gave recognition the Park and Rec Department for their initiatives. He also stated the City recently received a Top Nationwide Award for Webmasters in Design and Function and also received the Members Choice Award. He recognized Jason Hubner for his hard work and effort that he had put into the City's website, and thanked Council for all their support to make this happen. Councilmember Omodt noted that that they would be renaming the field at Watertower Park on Saturday, September 20th at 2:00 p.m. in favor of Dale Petit, for his years of volunteering and dedicated service working on the fields. 10. Adjournment The meeting adjourned at 10:48 p.m. 4/1t -)43( CtOt.Q. Nancy Stroth, C Clerk Jeff Jacobs/4Ty.r