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HomeMy WebLinkAbout2011/12/19 - ADMIN - Minutes - City Council - Regular I/I St.NLouis Park OFFICIAL MINUTES MINESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA DECEMBER 19, 2011 1. Call to Order Mayor Jacobs called the meeting to order at 7:40 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Julia Ross, Susan Sanger and Sue Santa. Councilmembers absent: Paul Omodt. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Deputy City Manager/Human Resources Director (Ms. Deno), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Senior Planner (Mr. Walther), Planning/Zoning Supervisor (Ms. McMonigal), Planner(Mr. Fulton), 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 21, 2011 The minutes were approved as presented. 3b. Study Session Meeting Minutes of November 28, 2011 ' Councilmember Sanger requested that the eighth line of the fourth paragraph on page 2 be revised to state"subsidizing the project by providing more TIF money than necessary. She indicated she would not vote for that kind..." Councilmember Santa requested that the second paragraph on page 6 be revised to state "Councilmember Santa advised that she may not be able to attend the session on Friday evening and definitely would not be on time." The minutes were approved as amended. 3c. City Council Meeting Minutes of December 5, 2011 Councilmember Sanger requested that the eighth line of the sixth full paragraph on page 7 be revised to state "already making reasonable use of the land and there is no entitlement to make a more intense use by..." The minutes were approved as amended. City Council Meeting -2- December 19, 2011 3d. Closed Executive Session Meeting Minutes of December 12, 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 Second Reading of Ordinance No. 2407-11 amendment to Chapter 8 of the City Code clarifying the administrative appeal process for rental housing licensing. 4b. Adopt Resolution No. 11-135 authorizing fund equity transfers, operating transfers, and fund closings. 4c. Adopt Resolution No. 11-136 authorizing"10 Minute Parking"restrictions on the 6000 block of 37th Street West. 4d. Adopt Resolution No. 11-137 authorizing the special assessment for the repair of the sewer service line at 2530 Lynn Avenue South, St. Louis Park, MN, P.I.D. 31- 029-24-13-0072. 4e. Adopt Resolution No. 11-138 authorizing the special assessment for the repair of the sewer service line at 4069 Vernon Avenue South, St. Louis Park, MN, P.I.D. 07-028-24-23-0114. 4f. Adopt Resolution No. 11-139 authorizing the special assessment for the repair of the water service line at 2904 Virginia Avenue South, St. Louis Park, MN - P.I.D. 07-117-21-44-0070. 4g. Adopt Resolution No. 11-140 accepting work and authorizing final payment in the amount of $24,693 for the Soil Removal and Disposal as part of the MSC Renovation Project 2008-1900. 4h. Reappoint Commissioners as city representatives to various Boards and Commissions with terms expiring 12/31/2014. 4i. Approve for filing Vendor Claims. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Omodt absent). 5. Boards and Commissions -None 6. Public Hearings 6a. Ellipse on Excelsior — Public Hearing and First Reading of Ordinance Vacating a Landscaping Easement(Case No. 11-33-VAC) City Council Meeting -3- December 19, 2011 Mr. Walther presented the staff report and explained that Bader Development has requested the vacation of an 8' x 54' landscaping easement at 3924 Excelsior Boulevard, the former American Inn site. He stated the EDA now owns the property and does not need the easement based on the proposed redevelopment of the site and anticipated removal of the raised planter. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt First Reading of an Ordinance Vacating Landscaping Easement and to set second reading for January 17, 2012 . The motion passed 6-0 (Councilmember Omodt absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ellipse II on Excelsior (e2) Preliminary Plat, Preliminary PUD and Variances. Resolution Nos. 11-141, 11-142, and 11-143 Mr. Walther presented the staff report and explained the proposed Ellipse II on Excelsior ("e2") project includes a five-story, 58-unit apartment building with structured underground and at grade parking. He noted that the e2 project will include shared driveway access with the existing Ellipse on Excelsior development. He presented several artist renderings of the project and stated the e2 architecture is similar to the existing Ellipse on Excelsior. He advised that the site is currently vacant and is leased as a parking lot to Ellipse on Excelsior for overflow or valet parking use by the restaurant. He presented the preliminary plat and subdivision variance, explaining that the e2 site is currently unplatted property and proposes to transfer an 11' strip of land from the Ellipse on Excelsior to e2. He discussed the existing easements and noted the preliminary plat adds a 5' drainage and utility easement on the north and west sides. He advised that the developer is requesting a 6' variance to handle the proposed staircases in the apartment building and the City granted a similar variance for the Ellipse on Excelsior development. He presented the proposed site plan and discussed the layout of the first floor which includes a loading zone parking area, a nine stall surface parking lot mainly for guest parking, and a driveway into the underground parking ramp. He explained that the project includes 22 covered parking stalls to serve the Ellipse on Excelsior valet parking that will be eliminated when the site is developed. He reviewed the proposed landscape plan which has been revised to include the addition of five Black Hills Spruce trees to screen headlights as they enter and exit the site. He advised that the application meets the City's zoning requirements as well as the PUD criteria. He stated that the front and side yard setback requirements have been met and the applicant is requesting a 5.5' rear yard variance and a 6' side yard variance. He presented the shadow study summary indicating the project meets the City's shadow requirements. He stated that 74 parking stalls are provided in the underground ramp, including 16 tandem stalls and nine compact stalls. City Council Meeting -4- December 19, 2011 He added the applicant has provided a total of 105 parking stalls on the site which meets and exceeds the City's requirements. He noted that one of the conditions in the Preliminary PUD provides that the 22 commercial parking spaces shall be protected by an irrevocable covenant. He then introduced Mr. Robb Bader (Bader Development), Mr. Scott Froemming (Walker Parking Consultants), and Mr. Dean Dovolis (DJR Architecture, Inc.) Mr. Dean Dovolis appeared before the City Council and advised that they also incorporated five additional Black Hills spruce trees to the Ellipse on Excelsior landscaping as requested by the neighbors. Councilmember Mavity stated she was appreciative of the developer's efforts in working with the neighborhood and indicated the landscaping plan provides 45 of the 58 trees required and provides 226 of the 559 shrubs required. She asked if there was a gap in meeting the City's requirements. She also requested further information regarding the landscape screening being provided along Excelsior Boulevard. Mr. Walther explained the landscaping plan is short on the tree and shrub count, however, the City's landscaping ordinance provides alternative landscaping measures, and the developer has included a rooftop patio and patio space on the first level. Mr. Dean Dovolis explained that screening the headlights coming into the development was a critical issue and they have beefed up the entire area to prevent headlight spillage into the neighborhood. Councilmember Mavity expressed concern about availability of parking and making sure that parking does not spill into the neighborhood. Mr. Robb Bader appeared before the City Council and stated they found that the 17 parking spaces currently reserved for the restaurant were not being fully utilized and they have taken the Partners in Pediatrics parking off the lot and put them in the 17 spaces down below. He noted those spaces can be used for guest parking in the evening. Councilmember Sanger stated that parking is a sensitive issue and felt there should not be a charge to use valet parking so that people are encouraged to park on the Ellipse site and not in the neighborhood. She suggested that a condition be added to require that valet parking be provided free of charge. Mr. Bader indicated that the restaurant controls the valet parking and if it is mandated that the restaurant cannot charge for valet parking, he did not know whether they would use valet parking. Mayor Jacobs felt this issue was a private market decision between the restaurant and its patrons and goes beyond the land use and PUD planning decisions of Council. Councilmember Ross agreed and felt the City could encourage the restaurant not to charge for valet parking, but it was not up to Council to make that determination. City Council Meeting -5- December 19, 2011 Councilmember Mavity stated and Councilmember Santa agreed that Council has tools available to prevent parking from spilling into the neighborhood. Councilmember Sanger requested further information regarding the criteria for meeting the City's landscaping requirements and stated that the patio and rooftop area also count toward meeting the City's DORA requirements. She asked if it was appropriate to double count these amenities. Mr. Walther replied that these amenities count towards meeting both the City's DORA requirements and landscaping requirements under the ordinance. It was moved by Councilmember Mavity, seconded by Councilmember Finkelstein, to adopt Resolution No. 11-141 Approving a Preliminary Plat of Ellipse II on Excelsior with Variance for a Drainage and Utility Easement. The motion passed 6-0 (Councilmember Omodt absent). It was moved by Councilmember Mavity, seconded by Councilmember Finkelstein, to adopt Resolution No. 11-142 Granting Rear Yard and Side Yard Variances at 3924 Excelsior Boulevard—Ellipse II on Excelsior (E2). The motion passed 6-0 (Councilmember Omodt absent). It was moved by Councilmember Mavity, seconded by Councilmember Finkelstein, to adopt Resolution No. 11-143 Approving a Preliminary Planned Unit Development (PUD) at 3924 Excelsior Boulevard—Ellipse II on Excelsior ("e2'). The motion passed 6-0 (Councilmember Omodt absent). 8b. Second Reading-Minikanda Mobile Service Station Rezoning Ordinance No. 2408-11 Mr. Fulton presented the staff report and explained that Council previously approved a Conditional Use Permit (CUP) to allow a car wash to accompany the motor vehicle service station and an accompanying variance. He introduced Mr. Alberto Bertomeu, owner of the property. Mr. Alberto Bertomeu appeared before the City Council and expressed his thanks to the City Council for allowing the car wash. He stated that two things in the CUP concern him but he wants to move forward with the building. He indicated he has gotten overwhelming support from the neighbors and is confident that the City will be pleased with his plans for the site. He stated if the two issues in the CUP become a concern to him, he will come and talk to the City Council. He added that he does not take this lightly, the City has made a very big commitment to him, and the City has always treated him well. City Council Meeting -6- December 19, 2011 It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt Second Reading of Ordinance No. 2408-11 Amending the St. Louis Park Ordinance Code Changing Boundaries of Zoning Districts (3901 and 3921 Excelsior Boulevard). Councilmember Sanger indicated she continued to oppose the rezoning and stated that one requirement for granting a variance is that the request has to be for something applicable to the land itself and not something that is due to actions on the part of the property owner. She indicated the only reason the applicant is asking for a variance is because he has taken action to upgrade the zomng and build something not permitted under the current zoning. She explained that from her perspective, the variance needs to fail because the applicant is already making reasonable use of the property and can continue this reasonable use and the applicant wants a more intense land use and zoning that has led to his request for a variance; for all these reasons, she did not believe the City has grounds for approving the variance request. Councilmember Mavity stated that she would support the rezoning at this time, even though she shares some of the same concerns about the variance. She indicated that she appreciated the applicant's efforts to improve the property as well as staff's efforts to clarify future use of the site. The motion passed 5-1 (Councilmember Sanger opposed; Councilmember Omodt absent). 8c. First Reading of Zoning Ordinance Amendment for Variances Ms. McMonigal presented the staff report and explained that the proposed amendment to the Zoning Ordinance is consistent with the recently revised statutes, keeps many provisions in the existing Code, and uses the recommended language from the League of Minnesota Cities. She indicated the amended language modifies the definition of variances consistent with the League's language and specifies that a land use variance is not permitted. She reviewed the five conditions for evaluating variance requests and stated that the Ordinance retains the evaluation criteria currently used by the City. Councilmember Sanger requested clarification regarding Section 36-33(d)(c)(1) which states that a property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. She felt this section was not worded clearly and interpreted this section to mean that a property owner proposes to use the property for a different land use than what is covered in the ordinance. She asked that the wording in this section be clarified prior to second reading. Ms. McMonigal advised that this language is contained in State law and stated that the beginning of the Ordinance is specific about land uses not otherwise permitted. She agreed to review this language further. Mr. Scott reiterated that this language is from the statute and stated the City's Ordinance contains language that prohibits land use variances. He indicated that this language may be added to this section. City Council Meeting -7- December 19, 2011 It was moved by Councilmember Mavity, seconded by Councilmember Finkelstein, to adopt First Reading of Ordinance Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-4 Definitions and 36-33(d) Variances and to set Second Reading for January 3, 2012. The motion passed 6-0 (Councilmember Omodt absent). 8d. Adoption of 2012 Budgets, 2012 Final City and HRA Property Tax Levies, 2012-2016 Capital Improvement Plan and 2012 Utility Rates Resolution Nos. 11-144, 11-145, 11-146, 11-147 Mr. Swanson presented the staff report and proposed 2012 budget and 2012 final City and HRA Property Tax Levies. He advised that the City Council adopted a preliminary levy of$23,830,726, an increase of approximately 5% from the 2011 levy. He stated that a 4.7% levy increase is now recommended, or $23,762,751. He explained that the General Fund and Park and Recreation 2012 budgets increased 1.03% over 2011. He stated that the 2012 HRA levy is used by the City for redevelopment areas and the City is able to use these proceeds to fund improvement projects such as Highway 7/Louisiana Avenue. He noted that past practice has been to authorize the maximum levy based on the taxable market value in the City and for 2012, the recommended HRA levy is $983,574, which is 4.41% less than the 2011 HRA levy. He discussed the 2012-2016 Capital Improvement Plan (CIP) and stated that overall, the CIP shows $156 million in planned investments over the next five years of which the City has direct control over approximately $47-$51 million with the remaining resources coming from non-City funding sources. He noted that even though Council is asked to adopt the 2012-2016 CIP, this approval only covers the 2012 budget cycle and anything over $100,000 is brought to Council for approval. He presented the proposed 2012 utility rates which include adjustments to achieve long term sustainability of the funds. He explained that the cumulative impact on a typical property owner is approximately$35 per year or$2.95 per month. He added that a typical residential property in a $220,000 median price property will see the City's property tax increase approximately$44 per year or$3.74 per month, which breaks down to $35 per year for utilities and $9.45 per year for the City's share of property taxes. Mayor Jacobs expressed the City Council's thanks to staff for their hard work on the budget. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 11-144 Adopting the 2012 Budgets and Authorizing the 2012 Final Property Tax Levy. Councilmember Mavity stated that Council has spent many hours on the budget and property tax levy and the public puts its trust in Council to be good stewards of their tax dollars. She added that this Council has done a great job in providing parks, clean water, good roads, responsive services, and responsive public safety to its citizens and she felt that residents receive good value for what they pay. • City Council Meeting -8- December 19, 2011 The motion passed 6-0 (Councilmember Omodt absent). It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 11-145 Approving the 2011 Final HRA Levy Collectible in 2012. The motion passed 6-0 (Councilmember Omodt absent). It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 11-146 Adopting the 2012-2016 Capital Improvement Program. The motion passed 6-0 (Councilmember Omodt absent). It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 11-147 Setting Utility Rates. The motion passed 6-0 (Councilmember Omodt absent). 8e. 2012 Employee Compensation Resolution No. 11-148 Ms. Deno presented the staff report and explained that 2012 non-union employee compensation will increase 2% effective January 1, 2012. She stated the compensation plan adopted by the City Council in 1997 allows the City Manager to approve standard adjustments for compensation based on CPI and the general financial condition of the City and a review of comparable sized cities confirmed a 2% increase. She advised that the City Manager's 2012 pay range is recommended to be set at $148,750-$175,000 based on regional market data and 2012 annual compensation is recommended to be set at $157,181, not including car allowance and in accordance with the salary cap. She noted that the average pay range for city managers is set at the average of the market and the maximum compensation should be $202,000; however, the City's consultant recommended moving to the average at this time. She indicated this is something Council may wish to discuss in the future. She stated that the City Manager would also receive 31.73 hours of PTO in 2012. She stated that the City's Paid-on-Call Firefighters receive a life insurance benefit and it is recommended that the City continue to participate in this program. She advised that Paid-on-Call Firefighters participate in a Performance Program instead of a separate pension and a 2% increase in this program is recommended. Councilmember Santa stated that during these tough economic times, people have not received salary increases and it is important to note that for the last several years, City staff did not receive a raise. Ms. Deno stated there were some furloughs in the last couple of years and employees received no increases in their benefit dollar contributions. She added that the City recently renegotiated its benefit contracts which helped to hold costs flat. City Council Meeting -9- December 19, 2011 It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-148 Confirming Compensation for Non-Union Employees; Setting the City Manager's Salary; Continuing Participation in the Volunteer Firefighter Benefit Program; and Continuing Performance Program Pay for Paid-on-Call Firefighters. The motion passed 6-0 (Councilmember Omodt absent). 8f. Summary and Acceptance of City Manager Evaluation Resolution No. 11-149 Mayor Jacobs advised that Council met in closed executive session to conduct the annual City Manager evaluation. He stated that J. Forrest, consultant, reviewed the results of the performance evaluation and on every item reviewed, the City Manager met or exceeded expectations. He complimented Mr. Harmening and thanked him for his years of service. Councilmember Ross expressed her personal thanks to Mr. Harmening and stated the City is very fortunate to have a great staff without a lot of turnover. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt Resolution No. 11-149 Accepting the Annual City Manager Evaluation. The motion passed 6-0 (Councilmember Omodt absent). 9. Communications Councilmember Finkelstein expressed his thanks to the City, Mayor Jacobs, and the City Council for allowing him to serve for the past eight years. He also expressed thanks to Councilmember Paul Omodt who served the City for ten years. He thanked the citizens of St. Louis Park who have been thoughtful and considerate as the City plans for the present and the future. He thanked his family and stated that being able to serve the City has been one of the proudest moments of his life. Mayor Jacobs presented a plaque for outgoing Councilmembers Finkelstein and Omodt and thanked them for their years of service. Mayor Jacobs extended safe holiday wishes to everyone. 10. Adjournment The meeting adjourned at 8:53 p.m. Nancy Stroth, Ci Clerk Je Ja /), yor