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HomeMy WebLinkAbout2010/08/02 - ADMIN - Minutes - City Council - Regular I/f St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA AUGUST 2, 2010 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, Phil Finkelstein, Anne Mavity, Paul Omodt,Julia Ross, and Sue Santa Councilmembers absent. Mayor Jeff Jacobs Staff present. City Manager (Mr. Harmening), City Attorney (Mr Scott), Community Development Director (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Westwood Hills Nature Center Activity Specialist (Mr. Pope), and Recording Secretary (Ms. Hughes). 1 a. Pledge of Allegiance 1 b. Roll Call 2. Presentations 2a. Junior Naturalists Recognition Mayor Pro Tern Sanger expressed the City Council's thanks on behalf of the entire community to the Junior Naturalists and their families for their service this summer at Westwood Hills Nature Center. Mr. Pope stated the Junior Naturalist program has been part of Westwood Hills Nature Center for 20 years and provides students entering 7" through 12th grade with an opportunity to interact with the public and gain knowledge in the outdoors, this year, 51 youth volunteers participated in the program and volunteered over 1,200 hours. He explained that the students perform a variety of projects, including animal care, program aide, water quality testing, learning about insects and wildflowers, and animal skull cleaning Mayor Pro Tem Sanger and Mr. Pope presented certificates of recognition to each of the 51 youth volunteers. 3. Approval of Minutes 3a. City Council Minutes of July 6, 2010 Councilmember Ross requested that the third paragraph on page 4 be revised to state "Councilmember Ross asked what provisions the applicant is taking to control the liquor sold on the outdoor patio, particularly given the busy mall location and the fact that there City Council Meeting -2- August 2, 2010 are frequently a number of minors in the area, and asked if there would be staff presence on the patio at all times because liquor is being sold " The minutes were approved as amended. 3b. Study Session Minutes of July 12, 2010 Councilmember Mavity requested that the second sentence of the fifth paragraph on page 5 be revised to state "She noted that there-are approximately 3,000 applications waiting were received for the City's Sec. 8 housing when the list was opened for applications a couple of years ago and only twelve Sec. 8 vouchers are typically available each year; those families receiving assistance are typically stable and there is very little turnover in the Sec. 8 housing, thus creating stability in the community." Councilmember Mavity requested that the word "possibly" be replaced with "possibility" in the thirteenth line of the second full paragraph on page 6. Councilmember Ross requested that a paragraph be added to the Parks and Recreation Advisory Commission Annual Report and 2010 Work Plan discussion on page 2 that reads "Councilmember Ross suggested that the Parks and Recreation Advisory Commission look at bike safety rules as they apply to the City and adjoining communities as it appears both cyclists and motorists are confused as to who has the right-of-way " Mayor Pro Tern Sanger requested that the last line of the third paragraph under Future Study Session Agenda Planning—July 19 and July 26, 2010 be revised to state "good transit access. Mayor Pro Tern Sanger requested that the tenth paragraph on page 4 be revised to state "Councilmember Sanger reiterated her request to concurrently begin a study of whether the broader recreational needs of the community are being met and added that the City currently lacks any data regarding an actual need for a turf field " Mayor Pro Tern Sanger requested that the seventh paragraph on page 8 be revised to add her vote regarding the pilot shallow rent subsidy program as "Councilmember Sanger. no " The minutes were approved as amended. 3c. Special Study Session Minutes of July 19, 2010 Councilmember Ross requested that a paragraph be added to the discussion under "Legislative Update-Gary Carlson, League of Minnesota Cities" to state "Councilmember Ross expressed concern about the potential impact to the School District budget since the State is reducing its educational budget." The minutes were approved as amended. City Council Meeting -3- August 2, 2010 3d. City Council Minutes of July 19, 2010 Councilmember Mavity requested that the 11`h line of the first full paragraph on page 4 be revised to state "...be to create a buffer for people coming in to the retail so that these customers do not park in the neighborhood." Councilmember Finkelstein requested that the second sentence in the sixth full paragraph on page 4 be revised to state "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." Mayor Pro Tem Sanger requested that the second sentence of the third paragraph on page 7 be revised to state "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" 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. Authorize staff to execute a three-year agreement with ESRI for geographical information system (GIS) software licenses and services. 4b. Adopt Resolution No. 10-078 identifying the need for Livable Communities Demonstration Account funding and authorizing an application for grant funds. 4c. Approval for Filing Planning Commission Minutes July 7, 2010 4d. Approval of Filing Fire Civil Service Commission Minutes February 1, 2010. 4e. Approval for Filing of Vendor Claims. It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings — None 7. Requests, Petitions, and Communications from the Public — None City Council Meeting -4- August 2, 2010 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Zoning Ordinance Text Amendment for Multiple-Family Residential in the Office Zoning District Ms. McMonigal presented the staff report. She explained that the City currently has four Office Zoning Districts in the City and multiple family residential is currently allowed in the Office Zoning District by Planned Unit Development (PUD); this text amendment would allow residential uses on the first and second floors and would allow the current density restriction to be exceeded, at the discretion of the City Council under a PUD. She explained that this amendment would allow a fully residential building in an Office Zoning District and eliminates the restriction on density; the current Ordinance allows 50 units per acre plus up to a 50% increase at the sole discretion of the City Council and the amendment would allow an increase at the sole discretion of the City Council. She reiterated that any increase would be granted by the City Council as part of the PUD approval process. Councilmember Mavity requested further information regarding maximum building height Ms. McMonigal stated that there is a height maximum in the Office Zoning District of 240' or approximately 22 stories. Councilmember Mavity stated that the site at Beltline and Monterey is in a much more commercial area but expressed concern that a developer might come in with a proposal to build a 22-story building on the corner of the property, she felt this would be an inappropriate use for that area and questioned how the proposed zoning ordinance amendment might impact this site. Ms. McMonigal explained that the site at Beltline and Monterey is owned by the City and the City has complete control of the site. She added that staff agrees that a tall building covering the entire site is not an appropriate use for this site. Councilmember Finkelstein stated that the City retained control of this site for specific purposes and asked if the City's records and/or past minutes could be reviewed to verify the City's intent. He suggested that the City Council may want to table action on this item pending review of the City's records and/or past minutes in this regard. Mr. Harmening stated that when the City undertook the Melrose Institute project, some rezoning may have been required and he recalled that the City talked about specific uses on that property. Mr. Locke noted it may be appropriate to look at the issues specific to this parcel because it may be guided and zoned differently. He suggested that staff further review the question about what should happen with this area of the City, separate from the issue of modification of the Zoning Ordinance. City Council Meeting -5- August 2, 2010 Councilmember Mavity stated that if staff will agree to come back to the Council with another look at that site in particular, she would not object to the proposed changes to the Office Zoning District. Councilmember Santa expressed concern regarding access to off-site parks and open space, because it appears that allowing increased density may not always ensure that there are open spaces and green spaces as part of a project. She stated that the only reason to increase density with height would be to thereby allow more green space, more open space, and more access to public parks, etc. Councilmember Ross agreed and added that she had some concerns from a health and safety standpoint as it pertains to levels of carbon monoxide from delivery trucks and/or vehicles running in idle. She asked if there are any regulations related to this issue, particularly when the buildings are in close proximity to one another. Ms. McMonigal stated that these areas are not industrial areas with trucks coming and going; the peak times in the Office Zoning District are offset and fairly easy to predict She advised that the proposed residential development at the West End includes a planned multi-family residential proposal next to the existing hotel; the multiple-family residential zoning district did not seem appropriate for this location because this designation is used in so many other areas of the City; as a result, staff looked at the Office Zoning District and determined that with some minor modifications, it could work in this area. Mayor Pro Tern Sanger asked if it was correct that unless the proposed text amendments are approved, the West End project could not proceed as planned. Mr. Locke replied yes. Mr Harmening explained that currently, multiple family residential is allowed in the Office Zoning District and therefore is not a new use, however, staff discovered that based upon the nature of the City's zoning codes relative to multiple family residential, the West End developer determined it could not do it and make it viable. He advised the proposed zoning code changes would continue to allow multiple family residential with two modifications, i.e., allowing more density, with any maximum density increase being at the sole discretion of the City Council through the PUD process, the other proposed change removes the restriction for residential only above the second floor. He reminded the Council that the amendment is not changing anything from a use perspective. Mayor Pro Tem Sanger stated that her concern is primarily related to the removal of the 50% cap on density and she would prefer to have a mechanism that leaves the cap in place but that allows the City Council to waive that cap under appropriate circumstances. Mr. Harmening stated that the City Council has the leverage to waive or modify maximum density based on the specifics contained in a proposal. City Council Meeting -6- August 2, 2010 Mr Locke explained that the idea was to ultimately let the City Council decide what was appropriate on a case-by-case basis. He stated that one of the key things in the West End project is that this is supposed to be part of a larger development and the design and placement of the building is a critical piece in evaluating whether the Council would allow this to happen in the first place. Councilmember Finkelstein stated that nobody wants to slow down the West End project but he felt the issue was worthy of further study not only with respect to Beltline and Monterey, but also in terms of Park Nicollet. He stated he wants to make sure the City Council understands what the implications are with respect to the proposed text amendment, particularly based on the concerns expressed this evening Ms. McMonigal stated the West End developer is proposing 120 units on 1.1 acres; this would be a six-story building with two floors of parking, one floor of underground parking and one first floor parking, so there will be residential units on five floors of the building. Mr. Harmening reminded the City Council that the proposed amendment pertains to a zoning district where office uses are ordinarily allowed, resulting in higher density from a population and traffic perspective. He stated that a six-story office building has a greater impact from a traffic and human interaction perspective than a six-story residential building. Councilmember Mavity stated that allowing housing uses in this zoning district would be acceptable to her; however, she does not want to open this up too far in terms of'density allowance and is concerned about how the amendment will impact other sites. She added her concern stems from changing the zoning for all of the office sites currently in the City. Councilmember Ross agreed with Councilmember Mavity and stated that there is a lot of' high density housing in downtown Minneapolis with very restrictive green spaces and limited open space. She acknowledged that the West End project is unique, but felt there were other areas in the City where this type of use would not be appropriate. Councilmember Finkelstein stated that the density issue was his primary concern and requested that the City Council be given an opportunity to further review what was agreed to with respect to the Beltline property and the Park Nicollet property. Councilmember Omodt stated that the proposed text amendment represents a fairly subtle change to two areas of the ordinance He felt the changes were straightforward and accomplished the City's goals He stated that the City owns the Beltline and Monterey property, so the proposed amendment will not change anything on this property. He expressed concern about delaying the West End project and urged the City Council to take action on the first reading. It was moved by Councilmember Omodt, seconded by Councilmember Santa, to adopt First Reading of an Ordinance Amending the St. Louis Park Ordinance Code Relating to Zoning City Council Meeting -7- August 2, 2010 by Amending Section 36-223(e)(1), and to consider any changes between the first and second reading of the Ordinance. The motion failed 3-3 (Mayor Pro Tem Sanger, Councilmembers Finkelstein and Ross opposed). Councilmember Ross stated that she does not want to delay the West End project and asked if there was any way the City Council can adopt this so that the project is not further stalled She added she felt it was important for the City Council to further study this issue as it relates to future development in the City. The Council discussed density restrictions and the PUD approval process Councilmember Finkelstein stated he is not interested in delaying the West End project and asked if the City Council can amend the PUD for the West End project to allow the project to move forward, and to bring the remaining issues to study session. Mr. Scott stated that the City's PUD is not a separate zoning district in and of itself but, rather, represents a zoning process; in order to make this happen, the City has to have a zoning district that would fit this particular building in the West End and that is why this zoning district needs to be amended. Councilmember Finkelstein asked if the West End developer could continue their work on the project pending the Council's further review. Mr. Scott replied if the developer wanted to do that, he could, but it would not be practical Mr. Harmening explained that the City Council may continue this matter and ask that staff bring the matter to study session in order to provide more information on how it might impact other office zoning district areas. He added that another approach would be to approve the first reading this evening and delay the second reading until such time as the Council has had an opportunity to review it in study session. He stated if Council desires to make modifications to the ordinance, it could do that and still proceed to the second reading. Mayor Pro Tern Sanger asked if the Council could pass an amendment to the ordinance that removes the first and second floor usage restrictions, but not take action on the amendments regarding density until after the study session. Mr. Scott stated that the Council could proceed that way if it desired Mr. Locke stated that this would not provide much practical benefit particularly as it relates to the West End project. City Council Meeting -8- August 2, 2010 Councilmember Ross stated that she would prefer to move forward with approval of the first reading to allow the West End project to continue, and to have the Council address all the concerns raised this evening in a study session. Mr. Harmening agreed to place this matter on the study session agenda for August 9`h. It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt First Reading of an Ordinance Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Section 36-223(e)(1) and to postpone the Second Reading pending the outcome of the City Council's study session discussion on August 9, 2010 The motion passed 5-1(Councilmember Finkelstein opposed). 8b. Major Amendment to Special Permit — U-Haul Truck Rental Facility, at the Park & Wash Car Wash, 8951 36th Street West Resolution No. 10-079 Ms. McMonigal presented the staff report. It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt Resolution No. 10-079 Setting Forth Findings of Fact and Denial Regarding the Application ofJJ Beske Holdings, Inc. for a Major Amendment to an Existing Special Permit under Section 36-194(d)(2) of the St. Louis Park Ordinance Code Relating to Zoning to Allow Truck, Trailer, Equipment Rental at 895130h Street West. Councilmember Finkelstein stated that he viewed the property earlier today and saw trucks and U-Haul trailers on the property. He stated that he felt the proposed use would be difficult to police. The motion passed 6-0. 9. Communications Councilmember Santa reminded residents to attend National Night Out tomorrow evening 10. Adjournment The meeting adjourned at 8:39 p.m. C AL---41--" Nancy Stroth, ity Clerk Susan S ger, Mayor Pro Te