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HomeMy WebLinkAbout2013/12/02 - ADMIN - Minutes - City Council - Regular (2) IflSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA DECEMBER 2,2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spam. Councilmembers absent: None. Staff present. City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), City Clerk (Ms. Stroth), City Attorney (Mr. Scott), Director of Community Development (Mr. Locke), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Senior Planner (Mr. Walther), City Assessor (Mr. Bultema), Planning/Zoning Supervisor (Ms. McMonigal), Associate Planner (Mr. Kelley), Communications Coordinator (Mr. Zwilling), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations -None 3. Approval of Minutes 3a. Special Study Session Minutes November 4,2013 Councilmember Sanger requested that an additional statement be added to the final paragraph that starts on page 2 and ends on page 3 that reads "Staff also acknowledged that they will continue to work on drafting a policy that addresses the remaining issues of owner responsibilities for maintenance of other items in the right of way with a target date of next spring for completion of the policy." The minutes were approved as amended. 3b. Study Session Minutes November 12, 2013 The minutes were approved as presented. 3c. City Council Meeting Minutes November 18, 2013 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. City Council Meeting -2- December 2, 2013 4a. (Moved to Agenda Item 8e.) Resolution approving acceptance of monetary donations for a new scoreboard at Dakota Park. 4b. Adopt Resolution No. 13-172 approving acceptance of a monetary donation from Leslie Marcus in the amount of$100 for Westwood Hills Nature Center. 4c. Approve for filing Environment & Sustainability Commission Meeting Minutes October 2, 2013. Councilmember Hallfin requested that Consent Calendar item#4a be removed and placed on the Regular Agenda. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item #4a to the Regular Agenda as item #8e; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions-None 6. Public Hearings 6a. 2014 Proposed Budget,Tax Levy and Truth in Taxation Public Hearing Mr. Harmening presented the staff report and explained that the City is nearing completion of the 2014 budget process and tonight's presentation includes the 2014 budget and preliminary property tax levy, as well as the Truth in Taxation public hearing. He pointed out that Council is not being asked to take formal action tonight and formal adoption of the 2014 budget and property tax levy will occur on December 16, 2013. Mr. Swanson presented the 2013 amended final budget and 2014 proposed budget and stated the 2014 proposed General Fund budget is $30.4 million, an increase of 2.42% compared to the 2013 final budget. He reviewed the proposed 2014 General Fund revenues and General Fund expenditures and indicated that approximately 43% of 2014 expenditures are related to public safety and this is consistent with the 2013 final budget. He explained that cities are now required to report their estimated sales tax savings from the sales tax exemption and the City estimates it will save approximately $215,835 in 2014. He noted that the City's tax levy is .76% lower due to this exemption. He stated that the City is proposing a 3.50% increase in the property tax levy compared to the 2013 final levy and approximately 49% of residential property owners will see a reduction in the City's share of their 2014 property taxes and approximately 35% of residential property owners will see an increase of less than 5%. He explained that property values across the board were holding steady or still declining at the time the valuations were set on January 2, 2013, for taxes payable in 2014. He stated that approximately 8% of commercial properties will see a reduction in the City's share of their 2014 property taxes, 70% will see an increase of less than 5%, and 19% will see an increase between 5- 9.9%, adding that commercial values in the City have held their value or increased from the last cycle. He advised that St. Louis Park ranks 20 out of 45 in its tax ranking of the city share of property taxes and overall it ranks 21 out of 45 for residential property taxes. City Council Meeting -3- December 2, 2013 Mayor Jacobs opened the public heanng. Mr. Larry Jones, 8216 30 'h Street, approached the City Council and asked if miscellaneous revenue includes park dedication fees. He also asked if the sales tax exemption would offset the decrease in intergovernmental revenue. Mr. Swanson replied that park dedication fees are in the Park Improvement Fund and the City budgets approximately $250,000 for park dedication fees based on an average over several years, adding this amount varies depending on the amount of redevelopment and development activity in the City. He explained that the sales tax exemption is based on the City's expenditures and was factored into the property tax levy, adding there is no loss in intergovernmental revenue but rather a reduction in the City's expenditures. Mayor Jacobs closed the public hearing. He encouraged residents to contact City staff with any additional comments or questions prior to formal adoption on December 16`h 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. M.G.M. Off Sale Liquor License Ms. Stroth presented the staff report and advised that M.G.M. of St. Louis Park, LLC, has applied for an off sale intoxicating liquor license. She stated that a public hearing was held on November 18, 2013, and Council voted to table consideration of the liquor license until tonight. She advised the term of the license runs through March 1, 2014, and the applicant has met all critena for granting the liquor license. Mr. Terrance Maglich, Vice President, M.G.M. of St. Louis Park, LLC, appeared before the City Council and introduced Mr. Michael Maglich, co-owner. He respectfully asked for the City Council's approval of their liquor license. Councilmember Ross thanked Mr. Maglich for coming back before the City Council. She advised she spoke with Mr. Maglich after the November 18th meeting and has since had time to reconsider this matter based on her conversation with Mr. Maglich as well as her subsequent conversation with Mr. Harmening. She stated that while she still believes that Council needs to look at the number of liquor stores coming into the community, it was not fair to Mr. Maglich and she was not going to impede his business or have him feel unwelcome in the community and she also apologized to Mr. Maglich. She added she felt that Council has to figure out how to make this a better community for both large and small businesses and urged Council to discuss this in a future study session. It was moved by Councilmember Ross, seconded by Councilmember Sanger, to approve Off Sale Intoxicating Liquor License for MG M of St. Louis Park, LLC, dba MGM Wine and Spirits, located at 8100 Highway 7, Unit#348,for the license term through March 1, 2014. Mr. Maglich thanked Councilmember Ross for her comments. City Council Meeting -4- December 2, 2013 Councilmember Hallfin stated his continued opposition to this license. He indicated there was an MGM in St. Louis Park in the late 1980s that was sold to a proprietor and was then involved in a legal battle and asked if Mr. Maglich has always owned M.G.M. of St. Louis Park, LLC. Mr. Maglich replied in the affirmative. Councilmember Hallfin asked if it was correct that Mr. Maglich had a business in St. Louis Park in the past and then sold that business to a different proprietor. Mr. Maglich replied he could not recall but that it might have been a franchise, adding they had an MGM store at one time in St. Louis Park. Councilmember Hallfin stated he was not in favor of this license because the City has a lot of liquor licenses already and many liquor stores. He did not feel it was right for another new liquor store to infringe on the business of existing establishments. Councilmember Sanger indicated she was sorry she was unable to attend the November 18th meeting because if she had been in attendance, she would have supported this application, which would have provided enough votes for it to pass. She apologized to Mr. Maglich and welcomed him to the community. Mayor Jacobs stated he was unable to attend the November 18th meeting and would have supported this matter as well and welcomed Mr. Maglich to the community. The motion passed 6-1 (Councilmember Hallfin opposed). 8b. Louisiana Station Area Framework Plan and Design Guidelines Report Mr. Locke provided an introduction to agenda items 8b, 8c, and 8d. He explained that the Comprehensive Plan identifies sub-area plans for each of the light rail stations and noted that the Elmwood Study done in 2003 is still being used to guide how things happen at the Wooddale station and design guidelines were completed in 2012 for the Belt Line station; however, no specific plan for the Louisiana station was in place prior to development of the Louisiana Station Area Framework and Design Guidelines. He stated the key land use implementation tool is the City's zoning ordinance and includes the creation of a new zoning district called Business Park intended as a transition from heavy industrial uses in station areas toward more of a mixed use that provides more opportunities for office and retail services and possibly housing. He advised the City has also been provided with grant money from the Met Council to explore a potential zoning tool called Form-Based Code that focuses more on design and physical appearance than on use and staff believes this approach makes sense in the station areas in order to create a homogenous site. Mr. Walther presented the Louisiana Station Area Framework Plan and Design Guidelines Report and introduced Mr. Bryan Harjes from Hoisington Koegler Group, Inc. (HKGi). Mr. Harjes explained the public input process used to develop the Louisiana Station Area Framework Plan and Design Guidelines and presented a map of the project area and City Council Meeting -5- December 2, 2013 advised that the Framework Plan and Design Guidelines includes both a north and south station location, adding that a lot of the connectivity and land use elements are the same. He stated the project goals include creating a unified future vision for the district and indicated the vision generally focuses this area as an employment center with Park Nicollet as the anchor and with key elements of creating a jobs focused area, not excluding residential, and having office and service uses in the area. He stated other key elements include the introduction of new transit oriented streets, leveraging the open space amenities along the creek and creating a unique identity for the station area. He reviewed the guiding principles that were established, including creating a more safe and convenient atmosphere around the station as well as to create a strong connection for surrounding neighborhoods to get through that area. He presented the framework plans for the north station location and stated one of the key elements includes creating a pedestnan street connecting the station platform and the hospital campus. He noted that a new LRT bridge and planned replacement of the bridge over Minnehaha Creek provided opportunities to become gateways to the area. He also highlighted new bike and sidewalk facilities shown in the plan that tie back to the Cedar Lake LRT Regional Trail. He presented a land use and development character map for the north station and discussed several of the components for this design, pointing out the medical/office building focus, potential ground level commercial areas, and potential redevelopment areas. He also presented a parks and open space map as well as an illustrative master plan for a north station. He then presented the framework plans for a south station location and pointed out the station is located immediately east of Louisiana with a park and ride in the same configuration as a north station area. He advised the south station area, similar to the north station plans, adds new pedestrian streets as well as a pedestrian segment. He presented a south station land use and development character map, a south station parks and open space map, and a south station illustrative master plan. He then presented the design guidelines that provide information regarding access and circulation, land use, and parks and open space components and presented an example of what Louisiana Avenue could look like over time. Mr. Larry Jones approached the City Council again and asked what the difference would be between mixed uses and the Business Park zoning and what uses would be allowed. Mr. Walther replied that the Business Park district and this framework plan focused on uses such as office, commercial and industrial, while moving away from warehouse uses, as well as looking at more jobs-based uses that will help drive ridership on the light rail. He added this area has been a challenge for residential as a mixed use and there may be opportunities for residential along the fringes of this area. Mr. Larry Jones encouraged the City to include more mixed use development and felt there was a need for a lot of bikeways and trails in this area, along with residential, particularly Sec. 8 housing and assisted living since these people would use the line. Councilmember Mavity thanked all of the residents involved in this effort. She indicated the City has had previous conversations about how to partner with Park Nicollet on this project and urged the City to continue to pursue public/private partnerships. Councilmember Spano stated he recently viewed a presentation regarding a project in Indianapolis that includes a number of effective, creative elements related to bike, pedestrian, and storm water management and urged Council and staff to look at the City Council Meeting -6- December 2, 2013 Indianapolis Cultural Trail project. He asked if the design guidelines are intended to be general guidelines or whether they contain deliberate and prescriptive rules, referencing the recent experience with the Eliot School design guidelines and the confusion associated with those guidelines. Mr. Walther responded the design guidelines are advisory at this stage and represent goals of what the City is trying to create. He added the Business Park zoning distnct will implement some of these guidelines, however, the form-based code is an opportunity to start codifying more of these design ideas. Councilmember Spano expressed thanks to City staff for holding meetings with the Meadowbrook neighborhood and requested information about their input in this process. He noted that the Meadowbrook neighborhood is one of the City's best naturally occurring affordable housing areas and did not want this plan to present any barriers for development opportunities on both sides of Louisiana. Mr. Walther stated that the Meadowbrook residents were excited about the pedestrian improvements along Louisiana Avenue and the creek trails but there was not a lot of input regarding uses. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to accept the Louisiana Station Area Framework and Design Guidelines report. The motion passed 7-0. 8c. Business Park Rezoning of Properties near Hwy 7 & Louisiana Ave. S., Wooddale Ave. S., and Belt Line Blvd. Ms. McMonigal presented the staff report and advised the Business Park rezoning is intended to be a transition zone to allow a wider variety of uses as well as additional density with the idea of maintaining the business character of areas and increasing the number of jobs in the area. She stated that two parcels in the Belt Line area were removed from the rezoning at this time based on Council direction; in addition, the McGarvey site has been excluded from the rezoning until a development proposal is submitted. She presented Council with a letter from Mr. Jay Kosters, the property owner at 3501 Raleigh, requesting that his property not be rezoned at this time. She stated that with the Business Park rezoning, all existing uses may remain and expansion of any uses considered non-conforming would not be allowed. She then presented a map depicting the proposed rezoning of 41 properties to the Business Park designation. Councilmember Mavity stated that concerns were previously raised about the Business Park zoning and whether this zoning was too prescriptive. She indicated she shares that concern and felt it was important to make sure the City is creating a platform for creative development and making sure that heavy industrial uses are not expanded. She asked whether housing would be allowed in the Business Park zoning district. Ms. McMonigal advised that housing was not included as part of the Business Park rezoning and staff has continued to consider which areas might be more appropriate for housing in the Business Park district. She added that the City would consider the issue of City Council Meeting -7- December 2, 2013 housing more carefully under a form-based code, adding that the general feeling is that the City is open to the idea of residential in the station areas. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve First Reading of Ordinance Amending the St. Louis Park Ordinance Code Changing Zoning Boundaries of 41 Industrial Properties Near Highway 7 and Louisiana Avenue S, Wooddale Ave. S., and Belt Line Blvd. to Business Park and to set Second Reading for December 16, 2013 Councilmember Sanger indicated she was okay with moving forward with the rezoning and exempting some of the properties and asked what plans the City has to continue to look at those properties to make a determination about whether they should be rezoned. Ms. McMonigal replied that in the short term the exempted properties would not be rezoned and staff is looking at keeping them designated Business Park in the Comprehensive Plan so that the property owner can request a change in zoning at any time. Councilmember Sanger felt the City's goals would not be accomplished if these properties are exempted and dropped from further consideration. She felt the City should be more proactive in continuing to look at these properties and making a final decision from the perspective of the City and also so the property owner is not left in limbo. Councilmember Spano suggested having the change in zoning occur at the time a property is sold and that way, the new property owner knows it is part of the purchase of a property. Councilmember Mavity urged Council to be careful about saying that a zoning change would occur at the time of sale, stating she felt that has the potential to take value away from property owners. Councilmember Santa called the question. The motion passed 7-0. 8d. SWLRT Station Area Form-Based Code Grant Contract Mr. Kelley presented the staff report and indicated the City received a grant from the Met Council to pursue development of a form-based code for the three light rail station areas. He explained that the intent of form-based codes is to create a compact walkable mixed use area which aligns with the City's land use policies and vision in its Comprehensive Plan. Councilmember Sanger asked if a form-based code would include aesthetic and architectural design criteria. ,She also asked how form-based codes regulate things that impact neighbors, e.g., noise, odors, and traffic. Mr. Kelley replied a form-based code would include aesthetic criteria and could include architectural standards, adding it would be up to Council to decide how specific the standards would be. He explained that the form-based code would address violations or City Council Meeting -8- December 2, 2013 nuisances much like is done today and a regulating plan would call out such issues to protect against nuisances. He added the consultant will provide assistance to Council with respect to zoning and other concerns expressed by Council. Councilmember Santa stated it was her understanding that Council is being asked to authorize execution of a contract and that Council will have numerous opportunities to engage with the consultant on these issues. It was moved by Councilmember Santa, seconded by Councilmember Mavity, to authorize the Mayor and City Manager to execute a contract with CodaMetrics to develop and write a form-based code for the three St. Louis Park Southwest Light Rail Transit(SWLRT)station areas. The motion passed 7-0. 8e. Resolution Approving Acceptance of Monetary Donations. Resolution No. 13-173. Councilmember Hallfin stated that Council heard from several passionate people in January regarding their request to change the name of Dakota Park to Derrick Keller field. He stated this item was on the consent agenda to accept donations from Independent School District #283 ($5,000), Churchill Plastics ($5,000), St. Louis Park Dugout Club/Family and Friends of the Baseball Community ($3,500), and the St. Louis Park Hockey Association ($1,000) for a new scoreboard at Dakota Park. He stated the scoreboard costs approximately $20,000 and additional donations would be gladly accepted. He asked everyone to remember Derrick Keller when they use the trail system and walk by Derrick Keller field. It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to adopt Resolution No. 13-173 Approving Acceptance of Donation in the Amount of$14,500 to be Utilized to Purchase and Install a Scoreboard at Dakota Park. The motion passed 7-0. 9. Communications -None 10. Adjournment The meeting adjourned at 9:11 p.m. Nancy Stroth, city Clerk Jeff Jaco-s, , /yor