Loading...
HomeMy WebLinkAbout2011/11/21 - ADMIN - Minutes - City Council - Regular (2) I/I St, Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA NOVEMBER 21,2011 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), City Clerk (Ms. Stroth), Director of Community Development (Mr. Locke), Housing Programs Coordinator(Ms. Larsen), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations-None 3. Approval of Minutes 3a. City Council Meeting Minutes of November 7,2011 The minutes were approved as presented. 3b. Special City Council Meeting Minutes of November 14,2011 The minutes were approved as presented. 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. 11-121 supporting the Minnehaha Creek Watershed District (MCWD) in creating and implementing a management plan to educate, control and prevent the spread of aquatic invasive species through the watershed area. 4b. Adopt Resolution No. 11-122 authorizing parking restrictions on Gamble Drive east of Park Place Boulevard. 4c. Adopt Resolution authorizing parking restrictions on the 5600 block of Lake Street. 4d. Adopt Resolution No. 11-123 authorizing the elimination of permit parking restrictions in front of 3300 Huntington Avenue and 2716 Dakota Avenue. City Council Meeting -2- November 21, 2011 4e. Adopt Resolution No. 11-124 Accepting the Project Report, Establishing Improvement Project No. 2010-1300 Approving Plans and Specifications, and ( Authorizing Advertisement for Bids for Improvement Project No. 2010-1300. 4f. Adopt Resolution No. 11-125 approving the First Amendment to the Contract for Private Redevelopment By and Between the City of St. Louis Park, St. Louis Park Economic Development Authority and Duke Realty. 4g. Approve for filing Housing Authority Minutes September 14, 2011. 4h. Approve for filing Vendor Claims. Mr. Harmening requested that Consent Calendar item 4c be removed from the agenda because a property owner has some concerns regarding the parking restrictions and staff would like to work with the property owner and bring this item back at a later date. It was moved by Councilmember Santa, seconded by Councilmember Mavity, to approve the Agenda and items listed on the Consent Calendar as amended to remove Consent Calendar item 4c; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Mayor Jacobs absent). 5. Boards and Commissions -None 6. Public Hearings 6a. Public Hearing—2012 Liquor License Fees Resolution No. 11-126 Ms. Stroth presented the staff report and proposed 2012 liquor license fees. She explained that the 2012 liquor license fees are no greater than the limits set forth in State law and where there is no State restriction, the license fees reflect the City's cost of issuing the license and other costs related to enforcement. She stated that the off-sale 3.2 malt liquor and brewpub off-sale malt liquor license fees will increase to $200 to cover administration and enforcement costs. She indicated that all other liquor license fees will remain the same and reflect the costs of administration and public safety and are comparable to the mid-range of other similar sized cities. Mayor Pro Tem Sanger opened the public hearing. No speakers were present. Mayor Pro Tern Sanger closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 11-126 Adopting 2012 Liquor License Fees for the License Term March 1, 2012—March 1, 2013. The motion passed 6-0 (Mayor Jacobs absent). 6b. Public Hearing on Greensboro Condominium Association Housing Improvement Area (HIA) Ms. Larsen presented the staff report and stated the City is authorized by statute to establish HIAs to finance improvements. She indicated that the Greensboro Condominium Association submitted a signed petition in October requesting a public City Council Meeting -3- November 21, 2011 hearing to establish the HIA and impose fees with 56% of the owners signing the petition. She stated the HIA application meets the City's goals and the project costs are reasonable and eligible for use of the HIA. She explained that a Renovation Committee was formed to assist in evaluating the needed repairs and the scope of the project includes three areas of improvement, including site improvements required due to poor soil conditions and age, repair and replacement of the sanitary sewer, storm water, and water mains, grading corrections, asphalt, curb and gutter replacement, and sidewalk and stoop repair. She stated that exterior repairs will include replacement of the failed siding, balcony and roof repairs, replacement of common area windows, and repair of all exterior garages. She noted that the brick siding will be retained and repaired with reserve funds. She indicated that the total project cost is $3,835,000 which will be shared among all the property owners, and the average fee per unit is $14,762 with an annual average cost per unit of $1,354 including interest, payable over 20 years. She explained that Greensboro Association is seeking to base fees on a three-tiered system with all common area costs including site work assessed to each unit based on the percentage of common area ownership which is based on a unit's square footage; all common building area improvements would be assessed to each unit based on the percentage of building common area ownership; and all limited common areas including garages, lockers, and balconies would be assessed to each unit based on the cost of improvements associated with that unit. She added that counsel has prepared an opinion that this three-tiered system is fair and reasonable and meets statutory requirements. She explained the City's special assessment hardship deferral allows the fee, including interest, to be deferred until the owner sells their unit. She discussed the numerous meetings held with residents to explain the proposed HIA, the City's role, and the petition process. She noted that the petition signed by property owners was drafted by Kennedy & Graven according to statute. She explained that the HIA would be funded by a combination of bonds and internal funding based on the City's financial adviser's recommendations and will limit the City's reserve funds and ensure that sufficient dollars are available for other needs. She noted that the City's financial risk is low and repayment is made through real estate tax payments. She added that Council action to approve a housing improvement fee for the Greensboro Association will be considered at the Second Reading of the ordinance and not at tonight's meeting. She then introduced Ms. Martha Ingram, Kennedy & Graven. Councilmember Ross requested the record reflect that as a resident of the Greensboro Condominium Association, she signed a petition requesting the city consider establishment of the HIA and as an affected party, she would abstain from voting on this matter. Mayor Pro Tem Sanger opened the public hearing. Mr. Dave Waller, 7331 West Franklin, President of Greensboro Condominium Association, appeared before the City Council and thanked the City Council for considering Greensboro's HIA petition. He encouraged the City Council to approve the establishment of the HIA and imposition of the fees to pay for the improvements. He indicated that the Association's effort to keep dues low has had a predictable result and there is not enough money to pay for the sorely needed repairs and without an HIA loan, they would be forced to raise dues to an unbearable level. He stated that spreading the project costs over 20 years will allow the fees to be more affordable while still allowing City Council Meeting -4- November 21, 2011 them to maintain reserves. He added that the improvements will complement the City's efforts to improve the Willow Park neighborhood. Ms. Jolene Hisdahl, 7414 West 22°d Street, appeared before the City Council to express support for the HIA. Mr. Andrew Anderson, 7439 West Franklin, Treasurer of Greensboro Condominium Association, appeared before the City Council and stated the low dues have led to the current situation and the HIA is the best option available. He indicated they have engaged outside resources to get their reserves on track to meet their obligations without assessments in the future,but without a large influx for these improvements, they will not be able to meet their obligations. He expressed support for the HIA. Ms. Stephanie Statz, 7435 West Franklin, Chairman of the Renovation Committee, appeared before the City Council and expressed support for the HIA. She indicated they have had many discussions regarding the project and feel they have gotten the scope and cost down to a point where they feel it is affordable for residents. She encouraged the City Council to support the HIA request. Ms. Sophia Starinets, 2032 Louisiana Ave S, appeared before the City Council and stated she did not vote "yes" for the HIA. She stated they bought their property 15 years ago and her son bought his two-bedroom townhome five years ago for $170,000 and the current selling price of these townhomes is $90,000. She asked if she would still owe this renovation cost if she sells her property in ten years. Ms. Larsen explained that the financing is structured such that if an owner were to sell their unit in five years and was previously making payments while living there, at the point of sale, they could negotiate with the buyer whether to pay off the fee or the fee could remain on the property. Ms. Mary Jane Baltes, 7429 West Franklin, appeared before the City Council and stated she has been a resident at Greensboro for over 30 years and supports the HIA petition. Mr. Paul Swerdlick, 7309 West Franklin, appeared before the City Council and stated he has lived at Greensboro for 15 years and it has been a wonderful experience for them. He expressed support for the HIA. Mr. Luke Juhl, owner of multiple units, appeared before the City Council and stated he has purchased units at Greensboro as an investment and the HIA would help that investment. He indicated the exterior is in terrible shape and without this HIA, the members of the Association will have to pay huge increases in their association dues. He added he sees the HIA as a great option to benefit the residents. Mayor Pro Tem Sanger closed the public hearing. Councilmember Finkelstein stated that the City has successfully used the HIA in other projects in the City, including Sunset Ridge, and failure to make the needed repairs will cause the area to fall into worse shape. City Council Meeting -5- November 21, 2011 Councilmember Santa indicated that the development is in need of repair and the HIA application is in line with the City's commitment and Vision to have a diversity of well- maintained housing. It was moved by Councilmember Santa, seconded by Councilmember Mavity, to adopt First Reading of an Ordinance establishing the Greensboro Condominium Association Housing Improvement Area pursuant to Minnesota Statutes, Sections 428A.11 to 428A 21 and to set Second Reading for December 5, 2011. The motion passed 5-0-1 (Councilmember Ross abstain;Mayor Jacobs absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Fretham Twelfth Addition—Preliminary Plat Resolution No. 11-127 Mr. Morrison presented the staff report and proposed Preliminary Plat submitted by Lakewest Development for property located on the northeast corner of Minnetonka Boulevard and Ensign Avenue along the south shore of Cobble Crest Lake. He advised that this area is zoned as R-1 residential and consists of two lots with one house on the property which will be removed as part of the plat. He reviewed the six proposed lot sizes and setbacks, noting that all setback limits are met as indicated on the plat drawing. He advised that Lots 1, 2, 3, and 4 will have driveway access onto Ensign Avenue and Lots 5 and 6 will share access on Minnetonka Boulevard as requested by the County and agreed to by the applicant. He reviewed the proposed grading plan noting the steep grade change along the shore of Cobble Crest Lake which should be considered an environmentally sensitive area. He stated that a dry infiltration pond will be constructed in portions of the back yards of Lots 2, 3, 5 and 6 and this pond will release at the outlet structure between Lots 2 and 3 to an existing catch basin at the north end of Ensign Avenue. He noted that the catch basin will be upgraded to accommodate this infiltration pond and the storm water plan has been reviewed by Minnehaha Creek Watershed District and meets the Watershed District's requirements. He stated there are 33 significant trees on the site and 12 significant trees will be removed totaling 212 caliper inches, resulting in 70 caliper inches of trees to be replaced. He added that the trees and scrub brush will not be removed from the slope along the south side of the lake. He then introduced Mr. Curt Fretham, applicant, and Martin Campion, PE. Councilmember Santa stated that the slope on the back of Lot 1 is significant and asked if this would impact the placement of a house on that lot. Mr. Morrison explained the slope is 29 feet down to the lake and there is scrub brush and significant trees in this area. He stated the applicant has concerns about grading on this lot and has proposed some construction fencing along the ridge to prevent adverse environmental impacts during construction. He added that the applicant has also agreed to a condition that Lot 1 shall not have a walk-out basement. He indicated that Lot 1 also has a condition of a minimum side yard setback of 7.5 feet along the west property line. City Council Meeting -6- November 21, 2011 Councilmember Santa requested confirmation that these items are mentioned as conditions for approval but do not represent variance requests. Mr. Morrison replied that this was correct. Councilmember Santa stated that because there are no variance requests, Council is constrained as to what it can and cannot do when taking action on this matter. Mr. Scott advised that Council has extremely limited discretion in approving a subdivision plat of this nature where no variances are requested and all criteria contained in the subdivision ordinance is met. Councilmember Mavity requested information regarding the size of the homes to be built. She stated that she felt the proposed subdivision adds to Council's policy for providing move-up housing and attracting families into St. Louis Park. Mr. Fretham stated that the homes to be built will be approximately 2,000-2,500 square feet above grade with full basements for a total of 3,000-3,800 finished square feet. Councilmember Sanger asked if the applicant would be able to build this size home on the lots without needing variances. Mr. Fretham replied that he could build this size home and the footprints on one of the plans showed 2,200-2,400 square foot foundations without coming close to the setbacks. It was moved by Councilmember Santa, seconded by Councilmember Mavity, to adopt Resolution No. 11-127 Giving Approval for Preliminary Plat of Fretham Twelfth Addition. The motion passed 6-0 (Mayor Jacobs absent). 8b. Amending the Plan by Neighborhood Section of Comprehensive Plan Resolution No. 11-128 Ms. McMonigal presented the staff report and proposed amendments to the "Plan by Neighborhood" section of the Comprehensive Plan. She stated that the Comprehensive Plan as adopted in 1998 included basic neighborhood data and has been completely revised following a city-wide neighborhood input process. She indicated that over 150 residents and business owners participated in the process which included discussions regarding the City's Vision, Comprehensive Plan update and future projections, changes that have occurred in the City since the last update, and current projects/future directions. She reviewed the key findings of the neighborhood input process, including increasing neighborhood walkability, improving safety and street crossings, increasing traffic calming, reducing nuisance issues, as well as enhancing public nature areas. She indicated that bike/sidewalk issues have come up repeatedly in the community survey, recreation survey, and in the sidewalk and trails plan which helps to solidify that this represents a big issue in the community. She noted that the Plan by Neighborhood section does not propose any land use changes, does not include any new policies or changes to existing policies. She added that the Plan by Neighborhood provides a City Council Meeting -7- November 21, 2011 touchstone for evaluating development proposals and long range planning, reinforces City directions, and shows consistency with the City's long range plans. Councilmember Ross expressed thanks to staff for their work on the amendments and to all the citizens who participated in the process. She requested further information regarding improving traffic calming. Ms. McMonigal explained there are a number of methods used to calm traffic around the community and trying to slow down and make people aware of bicycles and pedestrians, including "complete streets" which has been incorporated into the planning processes to make sure the City's sidewalks and trails are adequate. She added that this involves paying attention to designing a street not just for automobiles. It was moved by Councilmember Mavity, seconded by Councilmember Finkelstein, to adopt Resolution No. 11-128 amending the Plan by Neighborhood Section of the Comprehensive Plan for the City of St. Louis Park The motion passed 6-0(Mayor Jacobs absent). 9. Communications None. 10. Adjournment The meeting adjourned at 8:29 p.m. =ifLetd -JeiCti,t-Th- 4-&-- -Ki _____ Nancy Stroth, City Clerk Susan Sanger Mayor Pro Tern