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HomeMy WebLinkAbout2010/07/19 - ADMIN - Minutes - City Council - Regular IIISt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 19, 2010 1. Call to Order Mayor Jacobs called the meeting to order at 7:37 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knetsch), Community Development Director (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), Recreation Supervisor (Mr Rosa), and Recording Secretary (Ms. Hughes). la. Pledge of Allegiance 1 b. Roll Call 2. Presentations 2a. Junior Leader Recognition Mayor Jacobs expressed the City Council's thanks to the Junior Leaders for their volunteer work with the Parks and Recreation department during the Summer Playground Program. Mr. Rosa stated that the Summer Playground Program offers Th through 9th grade youth an opportunity to gain on-the-job experience assisting other youth ages 6-12 and to be a positive role model to younger youth. He indicated the volunteers assist with set-up and clean-up, initiating activities, keeping the children involved and helping them understand games. Mayor Jacobs presented five of the volunteer Junior Leaders with a certificate acknowledging their service to the community. 3. Approval of Minutes 3a. Special City Council Meeting of June 28, 2010 The minutes were approved as presented. 3b. Study Session Minutes of June 28, 2010 City Council Meeting -2- July 19, 2010 Councilmember Mavity requested that the last sentence of the ninth paragraph on page 4 be revised to state "She stated that the City is not consenting to it unless this mon condition is met." The minutes were approved as amended. 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. 10-072 Accepting the Project Report, Establishing Improvement Project No. 2008-1100 Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2008-1100. 4b. Approve premises amendment to the on-sale wine and on-sale 3.2% malt liquor license for Sauce West End LLC dba Sauce Pizza & Wine located at 1610 West End Boulevard. 4c. Adopt Resolution No. 10-073 authorizing final payment in the amount of $7,227.07 and accepting work for the 2009 reconstruction to the trail system, parking lots and basketball courts in Aquila Park with Midwest Asphalt Corporation, Project Nos. 20090040 and 20090210, City Contract No. 121-09 4d. To approve Time Warner Cable audit settlement of $3,339 and Comcast audit settlement of$1,542. 4e. Approve second reading of Ordinance No. 2388-10 amending Chapter 3 of City Code concerning brewer's off-sale malt liquor licensing and approve the summary ordinance for publication; and to approve Resolution No. 10-074 amending Resolution No. 09-157 adopting annual fees for Liquor licenses. 4f. Adopt Resolution No. 10-075 authorizing the special assessment for the repair of the sewer service line at 2724 Toledo Avenue South, St Louis Park, MN - P.I D. 31- 029-24-32-0065. 4g. Moved to Agenda Item 8d. Resolution authorizing the submittal of an application for the designation of Transit Improvement Areas at the Beltline, Wooddale, and Louisiana transit stations. 4h. Moved to Agenda Item 8e. Resolution approving a Spending Plan for Certain Tax Increment Financing Districts in the City and approving an Amendment to the Business Subsidy Policy. 4i. Approval for Filing Planning Commission Minutes June 16, 2010. 4j. Approval of Filing of Vendor Claims. 4k. Approval for Filing Housing Authority Commission Minutes May 15, 2010 Councilmember Mavity requested that Consent Calendar item 4g be removed and placed on the Regular Agenda. City Council Meeting -3- July 19, 2010 Mr. Harmening stated that Consent Calendar item 4h should be removed and placed on the Regular Agenda. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar items 4g and 4h to the regular agenda as item 8d and item 8e;and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment of Citizen Representative to Boards and Commissions It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to appoint citizen representative Suzanne Metzger as a commissioner to the Housing Authority for a term of five years expiring on June 30, 2015. The motion passed 7-0. 6. Public Hearings — None 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ellipse on Excelsior PUD Major Amendment — 3900 Excelsior Blvd Mr. Walther presented the staff report and explained the applicant is requesting a reduction in the number of parking stalls required by City Code based on the proposed tenant mix, consisting of a mix of uses that includes a restaurant and medical/dental clinic He reviewed the parking requirements and allowed reductions, stating that the City Council can use its discretion in determining whether to reduce the parking requirement by an additional 19 stalls based on the proposed mix of uses on the site. He indicated that under the original PUD approval, the cumulative parking approved was 280, with a transit reduction of 11 spaces, resulting in an adjusted parking requirement of 269, the current proposal increases the parking space requirements to 313, with a transit reduction of 14, and a mixed use discretionary reduction of 19, resulting in an adjusted parking requirement of 280. He advised that an independent parking demand study was conducted which projected peak demand for 280 stalls. In order to accommodate the projected demand on-site, that 19 underground garage stalls need to be utilized for shared use by some combination of customers, employees, or guests. He added that the Planning Commission recommended further review of controlling on-street parking in the neighborhood. He noted that the PUD amendment requires a 2/3 majority vote. City Council Meeting -4- July 19, 2010 Councilmember Mavity stated this process has been ongoing for several years and in general, the partnership between the neighborhood and the developers has been positive She indicated that there are several unresolved issues with respect to potential parking problems, including further review of the usage hours because that is one of the key issues pertaining to when congestion occurs, particularly during the time when residents are returning home from work She stated she felt the parking management plan could be more aggressive than currently laid out and the plan does not appear to have a thorough enough strategy for ensuring that excess parking from some of the retail establishments can be pushed underground to free up customer spaces in the retail area. She indicated that she does not want to wait until a parking problem has inundated the neighborhood and the goal should be to create a buffer for people coming into the retail area so that these customers do not park in the neighborhood. She requested that some level of proactive permit parking or no parking signs be utilized on the east and west sides of France Avenue. She also requested that use of the American Inn site be considered, even on a temporary basis. She suggested that the City Council defer action on this item until all issues are addressed. Councilmember Sanger agreed She asked if the parking requirements for the outdoor patio area in the restaurant were factored into the parking requirements. Mr. Walther replied that the City Code allows for up to 10% of the gross floor area or 500 square feet, whichever is less, to be used as outdoor seating without requiring additional parking. Councilmember Sanger expressed concern regarding the transit reduction applied in this situation, stating that it does appear realistic that customers will walk or bike to a fine dining establishment, especially during the winter. She added that the evening and weekend bus schedule in this area is not superior. Councilmember Ross stated she would support permit parking for residents and utilizing the American Inn site for overflow parking. Councilmember Finkelstein agreed that it may be appropriate for the City Council to table action on this item pending further study by the Council. He also encouraged the developer to meet with the neighborhood residents to further discuss their parking concerns and to look into arranging additional parking for the restaurant. Councilmember Santa agreed that this matter should be deferred and expressed concern regarding the criteria used with respect to superior pedestrian, bicycle and/or transit access Councilmember Omodt stated that he was also in favor of deferring action on this item Brian Johnson, 3345 Glenhurst Avenue, appeared before the City Council and stated he is the President of the Minikanda Oaks neighborhood and has had numerous conversations with the neighbors who have echoed most of the concerns expressed by the City Council. He indicated that after further analysis and discussion with the neighborhood, he cannot support this major PUD amendment due to the negative impact it will have on their City Council Meeting -5- July 19, 2010 neighborhood. He discussed the parking study and stated this study uses national data and does not reflect life in Minnesota or the realities of this development. He questioned the study's reference to peak time as being in December, and felt that the actual parking demand will be much greater than the national average can account for He also felt that the hours of operation noted in the study are not accurate and stated that a more accurate peak time will be between 5:00 p m. and 7:00 p m. each day, and that congestion will lead to a parking nightmare. He stated that he is also concerned about the safety of his neighborhood with increased traffic and cars parking in the neighborhood. He requested that the City proactively eliminate parking or install permit parking in his neighborhood. He also requested that the Council not take action on this item until further study can occur, including further scrutiny of the parking study, and until the full breadth of neighborhood concerns are addressed. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to table action on this item pending further discussion by the City Council regarding the issues raised, including the issue regarding permit parking/no parking, and to address Mr. Johnson's concerns expressed on behalf of the neighborhood, and to instruct staff to move as expeditiously as possible. Mr Harmening stated that staff will provide the Council with further information regarding a potential lease arrangement with the American Inn site, as well as information regarding the use of the transit reduction analysis for this development He added that staff will also provide the Council with information regarding the possibility of implementing a permit parking program in the adjacent neighborhood. Councilmember Mavity felt that it was important for staff to meet with the residents impacted by a permit parking program She stated that a starting point for a permit parking program would include France Avenue up to 34th Street, part of 34th Street, as well as the dead-end on Glenhurst, with the idea of creating a visual and habitual cultural buffer between the development and the neighborhood. The motion passed 7-0. 8b. First Reading of Zoning Ordinance Amendment — Political Signs Ms. McMonigal presented the staff report and stated this amendment is intended to comply with the new state law by allowing political signs of any size to be posted from a date 46 days prior to the state primary election until 10 days following the general election. Councilmember Sanger questioned the new law as it relates to cities such as St. Louis Park that may not always hold a primary election. Mr. Morrison agreed to research Councilmember Sanger's question further. City Council Meeting -6- July 19, 2010 Councilmember Omodt stated that since this new law was passed, the Supreme Court has ruled that corporations are now "people," and asked if this changes the property rights of "people" in terms of putting signs up or the size of those signs. Mr. Harmening agreed to research this question as well. It was moved by Councilmember Santa, seconded by Councilmember Omodt, to adopt First Reading of an ordinance amending Section 36-362(h)(5) of the St Louis Park Ordinance Code Relating to Zoning. The motion passed 7-0. 8c. Major Amendment to Special Permit — U-Haul Truck Rental Facility at the Park & Wash Car Wash, 8951 36th Street West Mr. Morrison presented the staff report. He stated that Gator Investments, owner of the Knollwood property to the south, was represented at the Planning Commission and stated its opposition to the application and expressed several concerns regarding the major amendment, primarily related to the parking easement that Gator Investments has over this portion of the Beske parcel; this easement is not required by the City and is considered a private agreement between the two property owners with enforcement left to them. He stated that staff has determined that additional landscaping will be required to screen the parking lot, along with a landscaped island He advised that the Planning Commission recommended approval of the major amendment, subject to the conditions outlined in the resolution. Councilmember Santa expressed concern regarding the minimal landscape buffers and stated that during this entire process, the U-Haul business has been operating and residents have been experiencing direct impacts. She asked when the landscape buffers will be completed. Mr. Morrison noted that the conditions include a deadline of September 15, 2010 for all landscaping to be complete He advised that throughout the neighborhood process, residents were notified but staff has heard nothing from the apartment tenants. He added that staff determined it would delay consideration of the zoning appeal pending receipt of the applicant's request for a Conditional Use Permit (CUP); in addition, staff typically exercises patience with a non-compliant property owner pending action on a CUP request because the CUP application is seen as a justification for delaying further enforcement action when steps are being taken to bring the property into compliance. Councilmember Finkelstein asked what flexibility the Council has in approving or denying an application based on past non-compliance. Mr. Knetsch stated that the Council is free to look at past performance as a factor, albeit limited. He added that the goal is to determine if the application complies with current City Ordinance. City Council Meeting -7- July 19, 2010 Councilmember Sanger requested further information regarding staff's repeated letters to the property owner identifying non-compliance and threatening enforcement action. She stated that it appears that no efforts have been made to bring the property into compliance and the City will likely experience continuing compliance problems if the CUP application is approved as currently submitted, and added that she felt this would place an undue burden on City staff. Mr. Morrison stated that throughout this long process, staff has been working with the property owners and the City Attorney and it was determined that as long as the City was not receiving complaints regarding the business, the City would continue to work with the property owner to bring the property into compliance. Mr. Knetsch stated that the property owners are attempting to determine their rights in the pending lawsuit with Gator Investments; at the same time, the property owners appealed the City's determination that they were violating the zoning ordinance He explained that a decision was made that it did not make sense to continue the City's enforcement of the violations while the property owners are appealing that decision and applying for a CUP. He added that the fact that this matter has some history attached to it is not unusual and is not prejudicial to the applicant. Councilmember Omodt expressed concern about being pulled into a private dispute He also requested further information regarding the cross access easements. Mr. Knetsch explained that there are two cross access easements and the easements are between two private landowners and they have a dispute. He stated that the proposed storage area is on the Beske property and the Beske's are fee owners of that property. He added that if Gator has an easement, that means they are not required to consent to this application and only the fee owner signs the CUP application; the City is not taking sides on this application and is not actively promoting anything on that property and the City must make its decision based on the City's ordinances. Councilmember Sanger asked if the City Council has the legal ability to suspend action on this item pending resolution of the private legal matter. Mr. Knetsch replied "no" and stated the City Council is governed by the 60 day rule; without further extensions, the City Council does not have the ability to wait until the pending litigation is over. Councilmember Omodt stated that the July 19, 2010 letter from Gator Investments states, on page 6, that the proposal is in violation of trailer rentals and refers to Exhibit L. He asked if the Code contains this type of prohibition. Mr. Morrison replied that there is no prohibition in the zoning ordinance and this use is specifically allowed in the C-2 commercial district by CUP. City Council Meeting -8- July 19, 2010 Jennifer Beske, one of the owners of JJ Beske Holdings, appeared before the City Council and stated that they are interested in complying with all City Codes and to be good corporate citizens. She stated that in the past, they have met with several tenants of the apartment building about tenants parking in their lot and they have worked hard to resolve the parking issues with the apartment tenants. She indicated that based on advice from their attorney and ongoing discussions with City staff, they determined they would hold off on their zoning appeal and apply for a CUP. She expressed her appreciation to staff in working with them and pointed out that the CUP will not infringe, encumber, or prohibit the business. She added that they are actively engaged in discussions with Gator Investments and are interested in resolving the lawsuit. Mark, property manager for Urban Park Apartments, appeared before the City Council and requested that he be notified if an apartment tenant is parking on the Beske property. He expressed concern about noise from the U-Haul trucks, late night movement, backup beeping, and doors sliding open and closed. Peter Tiede, attorney for Gator Investments, appeared before the City Council and presented the City Council with the July 19, 2010 letter from Gator Investments with all attachments He respectfully disagreed with City staff and stated that this is not a conditional use and the language being relied upon relates to motor vehicle sales. He stated that most of these vehicles are trailers, there is no indoor showroom facility, and the ordinance does not contemplate an industrial use. He discussed the question regarding prohibition of trailer rentals and indicated that trailers are non-operable vehicles and storage should be prohibited on the premises; as a threshold matter, this proposed use does not fit the City's ordinance. He also discussed that the applicant has a long history of violation of the City's ordinance and one of the City Council's jobs is to prospect future compliance; the applicant's past history shows that the applicant has ignored the City's ordinance and the applicant admits there will be instances where equipment exceeds acceptable levels. He then presented the City Council with a photographic image taken of the property this evening and stated that without being punitive of past behavior, it appears the applicant will not remain compliant. He stated that the applicant is requesting something he cannot perform; this is a non- exclusive parking easement and the landscape island cannot be installed because his client owns a piece of the property through that easement. He indicated that the CUP does not address health, safety and welfare concerns because it will limit fire access and safety and will reroute traffic that causes safety issues. He added that the outside storage is not consistent with the characteristics of the area. Jennifer Beske stated that Gator Investments does not own this property as evidenced by the documents on file. She added that City staff has worked hard to ensure that ample space is available for fire vehicles, they have also hired an attorney and an architect to ensure that the site plans comply with the requirements of the City. Jeff Beske presented the City Council with written procedures prepared to make sure they remain in compliance with the City's requirements. He added that these procedures are City Council Meeting -9- July 19, 2010 given to all U-Haul customers so that customers are aware of the requirements for returning trucks. Councilmember Omodt stated that he was troubled by the statement made in Mr. Beske's written procedures that they cannot control parking and all vehicles will be moved the next business day He asked whether Mr Beske's submission of these written procedures results in an incomplete application and expressed significant concern regarding fire lane violations. Mr Knetsch stated that the written procedures indicate that the property owners would deal with keeping vehicles in an outdoor storage area because of an overflow situation and that moving vehicles to a proper location might not be done until the next business day. He added that any fire lane violation would be towed immediately. He advised that the City Council must make its decision based on whether the property owners are complying with all existing ordinances and meet all site plan requirements; ongoing code enforcement should not be a primary factor in the City Council's decision. He stated that the submission of the written procedures by Mr Beske does not make this an incomplete application, but is a legitimate concern. He added that the City's ordinance establishes the guidelines for adequate storage area and based on the current ordinance, the site's storage area is adequate. Jennifer Beske clarified that the written procedures submitted to the City Council were prepared by U-Haul and as such, U-Haul cannot legally promise something that it has no ownership control over. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to deny the Major Amendment to the Special Permit. Mr. Knetsch suggested a friendly amendment to the motion and requested that the City Council table this matter until the next City Council meeting and direct staff to prepare findings of fact consistent with denial of the application. Councilmember Santa agreed to the friendly amendment of the motion. Councilmember Sanger seconded the friendly amendment to the motion. Jennifer Beske stated that they have complied with all the recommendations of the Planning Commission and staff and expressed confusion about the recommendation for denial. Councilmember Santa stated that she felt the CUP was incompatible with the Comprehensive Plan for commercial and industrial use and did not feel that the neighbor's concerns have been adequately addressed. The amended motion passed 6-1 (Councilmember Finkelstein opposed). Mayor Jacobs stated this item will be heard by the City Council on August 2, 2010. City Council Meeting -10- July 19, 2010 8d. Adopt a Resolution Authorizing the Submittal of an application for the designation of Transit Improvement Areas at the Beltline, Wooddale, and Louisiana transit stations No. 10-076 Councilmember Mavity stated that she requested this item be pulled from the Consent Agenda in order to acknowledge the efforts of City staff in being proactive in its planning for light rail transit. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 10-076 Authorizing Submittal of Transit Improvement Area Applications for the Areas Surrounding the Proposed Beltline, Wooddale and Louisiana LRT Stations. The motion passed 7-0. 8e. Approve the Resolution approving a Spending Plan for Certain Tax Increment Financing Districts in the City and approving an Amendment to the Business Subsidy Policy Mr. Harmening stated that this item was pulled from the Consent Agenda and explained that this item is a companion item to the action taken earlier this evening by the EDA and requires a hearing by the City Council. It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to adopt Resolution No. 10-077 Approving a Spending Plan for Certain Tax Increment Financing Districts in the City and Approving an Amendment to the Business Subsidy Policy. The motion passed 7-0. 9. Communications Mayor Jacobs reminded residents of the farmers market on the plaza at Wolfe Park on Wednesdays from 3:00-7:00 p.m Mayor Jacobs encouraged residents to attend National Night Out on Tuesday, August 3`d He stated that residents can contact Kim Czapar at the Police Department with questions, or contact their local block captain or neighborhood association. Councilmember Omodt congratulated the U10 baseball team on winning the State championship last weekend. 10. Adjournment The meeting adjourned at 10:04 p.m. I fiA, Nancy Stroth, City Clerk Jeff i acu s, ayor