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HomeMy WebLinkAbout2013/03/18 - ADMIN - Minutes - City Council - Regular JifStLouis Park OFFICIAL MINUTES I MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MARCH 18, 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 Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Assistant Zoning Administrator(Mr. Morrison), Organizational Development Coordinator(Ms. Gothberg), and Recording Secretary(Ms. Hughes). Guest: Mane Cote(SRF Consulting). la. Pledge of Allegiance lb. Roll Call 2. Presentations -None 3. Approval of Minutes 3a. Special Study Session Minutes February 19, 2013 The minutes were approved as presented. 3b. City Council Meeting Minutes February 19,2013 Councilmember Ross requested that the first paragraph on page 5 be revised to state "Councilmember Ross questioned the process and wanted to be sure of how residents find out about the various programs available" Councilmember Sanger requested that the sixth line of the sixth paragraph on page 5 be revised to state "that there are other things being sold that are worse, e.g., guns and cigarettes. She stated that banning the sale and advertisement of lawful products is a slippery slope and she did not want to go down that path." The minutes were approved as amended. 3c. Study Session Minutes February 25, 2013 The minutes were approved as presented. 3d. Special Study Session Minutes March 4, 2013 The minutes were approved as presented. City Council Meeting -2- March 18, 2013 3e. City Council Meeting Minutes March 4, 2013 The minutes were approved as presented. 3f. Special City Council Meeting Minutes March 11, 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 appropnate section of the regular agenda for discussion. 4a. Approve Second Reading and Adopt Ordinance No. 2435-13 amending the St. Louis Park Code of Ordinances Chapter 16 relating to criminal history background checks, and approve summary ordinance for publication on March 28, 2013. 4b. Approve Second Reading and Adopt Ordinance No. 2436-13 amending the St. Louis Park Code of Ordinances Chapter 32 establishing a water access charge (WAC) and repeal Ordinance No. 2430-13, and approve the summary ordinance for publication on March 28, 2013. 4c. Approve a ball field lighting project on field five at Aquila Park. 4d. Adopt Resolution No. 13-039 calling for a public hearing relative to the proposed Eliot Park Tax Increment Financing District within Redevelopment Project No.1 (a redevelopment district). 4e. Adopt Resolution No. 13-040 accepting a $500 donation from Residential Mortgage Group. 4f. Adopt Resolution No. 13-041 to recognize Jeffrey Musgjerd for his 31 years of service to the City of St. Louis Park. 4g. Adopt Resolution No. 13-042 authorizing final payment in the amount of $23,379.56 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 07 (Carpentry) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 48-11. 4h. Adopt Resolution No. 13-043 authorizing final payment in the amount of $2,842.90 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 22 (Fire Suppression) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 63-11. 4i. Adopt Resolution No. 13-044 authorizing final payment in the amount of $63,091.13 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 07 (Carpentry) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 63-11. 4j. Approve for filing Telecommunications Minutes December 12, 2012. 4k. Approve for filing Fire Civil Service Commission Minutes January 22, 2013. 41. Approve for filing Fire Civil Service Commission Minutes February 4, 2013. 4m. Approve for filing Planning Commission Minutes February 20, 2013. 4n. Approve for filing Vendor Claims. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. City Council Meeting -3- March 18, 2013 The motion passed 7-0. 5. Boards and Commissions It was moved by Councilmember Sanger, seconded by Councilmember Spano, to appoint the following citizen representatives as commissioners• • Justin Kaufman—Board of Zoning Appeals - term expiration 12/31/13 • Lorne Brunner—Police Advisory Commission—term expiration 12/31/14 • Justin Riss—Police Advisory Commission—term expiration 12/31/15 • Richard Webb—Housing Authority- term expiration 6/30/13 The motion passed 7-0. Councilmember Mavity indicated there are several youth commissioner vacancies and encouraged any high school students interested in serving to consider applying. Councilmember Spano stated there is also one adult position open on the Police Advisory Commission and one on the Housing Authority. Mayor Jacobs stated that interested residents should contact the City Clerk for further information. 6. Public Hearings 6a. Public Hearing—Azeka, Inc. Liquor License Ms. Stroth presented the staff report and advised the City received an application from Azeka, Inc., dba Brush Studio, for an on-sale wine and 3.2% malt liquor license at 1651 Park Place Boulevard. She stated the establishment is a new business concept of a restaurant with an art studio and will serve appetizers, sandwiches, and offer a children's menu. She stated that David Forbes, the sole owner, is aware of the State and City 60/40 food/liquor sales percentage requirement, and has indicated he does not anticipate he will have any issues meeting this requirement. She noted that no license would be issued until all compliance requirements are met and the State of Minnesota performs the final inspection. Mayor Jacobs opened the public hearing Mr. David Forbes, owner of Azeka, Inc., appeared before the City Council and stated the business concept is referred to as a "paint and sip" concept with an artist guiding participants in a painting of the night. He advised they will have a food menu with wine and beer served throughout the evening and classes running approximately 2.5 hours. He stated they will hold evening classes, Saturday morning classes for children, as well as corporate teambuilding classes`during the day and they do not anticipate being open any later than 10:30 p.m. Councilmember Sanger asked if there are any health or code requirements requiring separation of food from paints or paint-related chemicals. City Council Meeting -4- March 18, 2013 Mr. Forbes replied these requirements pertain primarily to food preparation and the kitchen and food preparation facilities will be separate from any paint in the building. Mayor Jacobs closed the public hearing. It was moved by Councilmember Ross, seconded by Councilmember Mavity, to approve On-Sale Wine and 3.2%Malt Liquor License to Azeka, Inc., dba Brush Studio, located at 1651 Park Place Boulevard for the license term through March 1, 2014. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Eliot Park Apartments Rezoning, Preliminary Plat, Preliminary Planned Unit Development and Conditional Use Permit — 6720 and 6800 Cedar Lake Road. Resolution Nos. 13-045, 13-046, and 13-047. Mr. Walther presented the staff report and explained that the proposed rezoning from R-2 to R-4 Multiple Family Residential Zoning affects only the site of the proposed apartment building. He stated the plat subdivision includes a 3.78 acre parcel for the apartment development, two single family lots on the north side, and an outlot on the east side of Hampshire Avenue, with a gross lot size of 4.69 acres. He stated the project consists of a three-story, 138-unit apartment complex in two buildings with 178 underground parking stalls and 20 surface off-street parking stalls. He stated that a private street runs between the two apartment buildings with the underground garage for the south building exiting onto Idaho and the underground garage for the north building exiting onto Hampshire. He presented a rendering of the building elevations and noted that buildings are typically limited to 40' in height and in most cases the proposed building is 38' or less; however, one portion of the north elevation where the driveway enters the underground garage is 43' and another portion on the south elevation of both buildings near Hampshire has a lower grade and there are three-bedroom apartments on this end cap that have slightly higher ceilings resulting in a building height of 43', not 47' as stated in the staff report. He pointed out that this building height is allowed with the PUD. He explained that the overall density is 33 units per acre and the apartment lot itself is 36.5 units per acre, the floor area ratio is 0.9, and there are 193 parking stalls required with 198 parking stalls provided. He indicated there are also over 40 available on-street parking spaces available. He advised the project exceeds Designed Outdoor Recreation Area requirements and the proposed landscaping provides 129 trees, 496 shrubs, and preserves nine trees. He stated that the updated traffic study indicates there are 947 daily trips generated from the development. Compared to the previous school use and will generate less traffic during the morning peak and slightly more during the afternoon peak. He added the overall conclusion of the traffic study was that side street delays are acceptable and do not require mitigation. Mr. Wade Hammer, 2201 Jersey Avenue, appeared before the City Council and stated the input provided during the public process included medium density residential and the proposal this evening is for rezoning as high density. He questioned how this development could be zoned under R-4 noting the staff report indicates R-4 allows City Council Meeting -5- March 18, 2013 densities up to 37 units per acre with a PUD as long as it is consistent with the Comprehensive Plan. He acknowledged Mr. Hunt's efforts but felt the developer could reduce the number of units below the 30 units per acre threshold that the R-4 zoning requires in order to meet the design guidelines. He stated that a lower density matters to the residents living in the area in terms of reaching across the aisle and mitigating the impact. He indicated there was no mention of the use of a PUD under City Code Sec. 36- 166 and Sec. 36-167 mentions an upper limit up to 75 units per acre with a PUD, but there is no mention in the R-4 section of a standard for this and requested clarification regarding the City Code. He felt the public process could have been more transparent and suggested that the next time the City uses taxpayer dollars to do a study the City should either use the guidelines or further define the guidelines because constituents deserve to understand how their input will be used or ignored. He also suggested that the City consider engaging the School District toward smarter growth given the near capacity in the schools adding that the project's higher density will have implications on the schools. He added he was aware of two homes that were sold in his neighborhood as a result of the plans for this site. Mr. Walther stated the PUD section of the Ordinance allows for density to be modified through the PUD process and allows modification of 10% or as consistent with the Comprehensive Plan. He indicated when Council considered the Comprehensive Plan amendment the development proposal had an overall density of 33 units per acre. He noted the apartment lot has a slightly higher density of 36.5 units per acre but the unit count has only decreased and is consistent with what was presented to Council. Mr. John Lang, 6610 Cedar Lake Road, appeared before the City Council and expressed concern regarding traffic in the area. He stated he did not have a problem with the proposal but would like to see something done about the traffic and suggested adding a stoplight that could be operational during the evening peak hours. Councilmember Ross agreed that traffic is an issue in this area and felt the City needs to seriously look at the issue and continue to monitor the situation and if traffic gets worse the City needs to take action. She noted that the exits from the two apartment buildings have been divided onto two different streets, which may alleviate the traffic. Ms. Marie Cote, SRF Consulting, appeared before the City Council and stated that daily traffic counts on Cedar Lake Road are at the higher end of approximately 13,000 cars per day. She indicated the relocation of the driveway access points to two different roadways would provide a benefit, adding that the volume of cars coming off Hampshire and Idaho is still very low. She stated there are also alternate ways to leave the development, e.g., north to Louisiana Avenue, instead of traveling on Cedar Lake Road. Councilmember Ross stated she also had some concerns about parking and the potential for cars parking on side streets, particularly when there is snow. She indicated she did not want to see cars parked throughout the neighborhood and asked the developer consider adding additional underground parking or surface parking in the lot on the Hampshire Avenue side. Mr. Dan Hunt, Hunt Associates, appeared before the City Council and stated the current plan is to remove the otitlot parking and landscape'this area. He stated this area was City Council Meeting -6- March 18, 2013 always intended to be used for proof of parking and if it remains a parking area it would have to be brought up to current City standards. He added he was fine either way. Councilmember Ross asked if the developer will be required to maintain the tot lot equipment in terms of updating the equipment as needed. Mr. Scott stated the City can add this requirement between the time of the Preliminary PUD and final approval. Mr. Hunt stated he would work with the City to reach agreement on this issue. Mr. Hammer requested information about the variance requested for the two single- family lots. Mr. Walther advised that previously two of the single family lots on the north side of the site each required a lot width variance and lot area variance; however, the Planning Commission felt the variance request did not meet the cnteria and recommended denial. He stated Mr. Hunt met with the neighborhood on February 6th and was asked to move the play area to the north side resulting in one of the lots on Idaho Avenue being expanded in size, eliminating one single family lot and eliminating the need for the four variances. Councilmember Mavity stated the intent of the design guidelines has been medium density housing and she felt the proposal speaks to that intent. She stated she values the neighborhood role in the planning process and understands there is some disappointment among the neighbors regarding the high density zoning request. She requested confirmation that if this proposal does not move forward, there is nothing that Council is doing tonight that would allow another developer to come in with a higher density proposal. Mr. Walther stated this was correct and added if the PUD is approved, it is approved for this project only. He stated Council has directed staff to consider changing the Comprehensive Plan if this proposal does not move forward. Councilmember Sanger stated she was not in support of this proposal and did not think the plan as currently drawn complies with the intent of the design guidelines. She stated this plan has a density of 36.5 units per acre for the apartments which is an approximate 25% increase in density over the 30 units normally allowed and felt this was not in compliance with the spirit or intent of the medium density designation. She felt there were too many one-bedroom apartments that is not conducive to families with children adding she would prefer an apartment complex with larger units and a smaller number of units that would lower the density. She stated the neighborhood expressed a desire for more single-family homes, which is also a goal of the City, and this development started out with three single-family homes and has been reduced to two. She added she is opposing this because it is not constructive for the City to engage in a planning process with the neighbors only to then disregard one of the most critical elements of the design guidelines. Councilmember Spano agreed that the design guideline process was flawed and the process left the neighborhood and the developer deceived as to its true weight. He felt City Council Meeting -7- March 18, 2013 the design guideline process should not be used again unless the City articulates with absolute clarity what the process is going to mean for all involved. He acknowledged Councilmember Sanger's concerns regarding single-family housing but in this instance a single-family development proposal was not forthcoming. He indicated Council discussed the density issue at length and this project meets or exceeds many of the design guidelines and Council should not negate the fact that the overall density is 33 units per acre. He added he also agreed with the concerns expressed regarding traffic. Councilmember Ross commended the neighbors for their input and stated Mr. Hunt has been very flexible on almost every issue brought to his attention. She encouraged residents to contact her or Mr. Hunt with further questions or concerns. She added she would continue to work on the Cedar Lake Road traffic issues. It was moved by Councilmember Ross, seconded by Councilmember Mavity, to approve First Reading of Ordinance Amending the St. Louis Park Ordinance Code Changing Boundaries of Zoning Districts (6800 Cedar Lake Road). The motion passed 5-2 (Councilmembers Hallfin and Sanger opposed). It was moved by Councilmember Ross, seconded by Councilmember Mavity, to adopt Resolution No. 13-045 Approving Preliminary Plat of Eliot Park Apartments. The motion passed 5-2 (Councilmembers Hallfin and Sanger opposed). It was moved by Councilmember Ross, seconded by Councilmember Mavity, to adopt Resolution No. 13-046 Granting Conditional Use Permit Under Sections 36-71 and 36- 166 of the St. Louis Park Ordinance Code Relating to Zoning to Permit Multiple Family Dwelling and Two Principal Buildings on a Lot Located at 6800 Cedar Lake Road. The motion passed 5-2 (Councilmembers Hallfin and Sanger opposed). It was moved by Councilmember Ross, seconded by Councilmember Mavity, to adopt Resolution No. 13-047 Approving a Preliminary Planned Unit Development (PUD) Under Section 36-367 of the St Louis Park Ordinance Code Relating to Zoning for Property Zoned R-4 Multiple Family Residence Located at 6800 Cedar Lake Road The motion passed 5-2 (Councilmembers Hallfin and Sanger opposed) 8b. First Reading of Zoning Ordinance Amendment pertaining to Educational Facilities in the R-3 Two-Family Residential District, and to Signage in the Park and Open Space.District Mr. Morrison presented the staff report and explained the City received a request to allow student housing in the R-3 Zoning District at Yeshiva of Minneapolis. He stated student housing is not currently permitted in the City in any zoning district and this Ordinance was prepared to allow student housing in R-3 only. He added schools are allowed in the R-3 Zoning District with some conditions and the Ordinance proposes to amend the land use category by adding a fifth criterion with conditions related to student housing. He explained the City Parks Department is also requesting additional signage for properties over 30 acres and would like to install additional directional signage at the Rec Center City Council Meeting -8- March 18, 2013 directing drivers to two off-site overflow parking lots which would raise the square footage of the signage to 441 square feet. Councilmember Sanger expressed support for the Ordinance change and asked if it was correct that students at Yeshiva of Minneapolis would not be driving cars. Mr. Momson stated this was correct. Councilmember Sanger indicated there may be another school in the R-3 District with students driving cars and this Ordinance as drafted does not have a provision regarding parking. She asked if there was something the City could do to address parking if another school that allowed cars was built in the R-3 District Mr. Morrison stated the City can address that issue through the CUP process by adding a condition that prohibits or limits the student use of vehicles by students. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to approve First Reading of Ordinance Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-165(d)(8) and Table 36-362A and to set Second Reading for April 1, 2013. The motion passed 7-0. 8c. Gambling Premise Permit — Armstrong Cooper Youth Hockey Association. Resolution No. 13-048. Ms. Stroth presented the staff report and advised the City received an application for a premises permit from Armstrong Youth Hockey Association (ACYHA) to operate pull tabs at Toby Keith's I Love This Bar & Grill. She stated the organization is a qualified nonprofit corporation that supports youth team sports and operates gambling booths in New Hope, Maple Grove, and Crystal. She advised the organization meets the criteria necessary to be issued a State Gambling Board permit and the background investigation found no past issues. She then introduced Mr. Kevin Conway, CEO, and Ms. Tracee deNeui, ACYHA Gambling Manager. Councilmember Ross asked how much of the gambling proceeds of ACYHA are coming to the City now. Ms. Tracee de Neui, ACYHA Gambling Manager, appeared before the City Council and stated that no proceeds are coming to the City at this point. She indicated that ACYHA has a site in Maple Grove and donates 50% of net profits from that site to organizations in Maple Grove and if they had a site in St. Louis Park, they would do the same thing. Councilmember Sanger requested clarification regarding how this is going to benefit St. Louis Park if so much of the activities that ACYHA supports are not located in St. Louis Park or in the City's trade area. Ms. Stroth explained that State law does not allow cities to authorize what specific expenditures must be made and the expenditures have to go to the trade area of whatever City Council Meeting -9- March 18, 2013 city has approved a permit; in this case, ACYHA can donate to St. Louis Park, Plymouth, Minneapolis, Edina, Hopkins, Minnetonka, and Golden Valley. Mr. Kevin Conway, ACYHA CEO, appeared before the City Council and stated they have approximately 425 kids in their program with 15% residing in Golden Valley and they rent ice time from Breck. He stated ACYHA plays St. Louis Park youth who are part of their district and they play games at the Rec Center. He added that even though the trade area does not overlap as much as they would like, St. Louis Park is very close to where their membership lives and they felt this would be a good opportunity. It was moved by Councilmember Ross, seconded by Councilmember Hallfin, to adopt Resolution No. 13-048 Approving Issuance of a Premises Permit for Lawful Gambling to be conducted by Armstrong Cooper Youth Hockey Association at Toby Keith's I Love This Bar & Grill, 1623 Park Place Boulevard Councilmember Hallfin requested confirmation that ACYHA intends to donate 50% of net profits to St. Louis Park organizations. Ms. de Neui stated this was correct. Mr. Conway requested that the City assist ACYHA in identifying organizations to receive donations. Councilmember Hallfin encouraged any qualifying organizations within the City to contact ACYHA about receiving donations for charitable purposes. The motion passed 7-0. 8d. Rezoning of 3700 State Highway 100 Ms. McMonigal presented the staff report and explained this is a request to rezone the property located at 3700 State Highway 100 from C-2, General Commercial, to 0, Office, consistent with the Comprehensive Plan update in 2009. She stated the City needs review all properties that were changed in the Comprehensive Plan update and change the zoning to be consistent, adding this property is a large commercial property that should be zoned Office. She added the property owner has stated his agreement with the rezoning. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve First Reading of Ordinance Amending the St. Louis Park Ordinance Code Changing Boundaries of Zoning Districts and to set Second Reading for April 1, 2013. The motion passed 7-0. 8e. First Reading of Ordinance Establishing the Environment and Sustainability Commission: Sustainable SLP Mr. Harmening presented the staff report and proposed Ordinance establishing the Environment and Sustainability Commission. City Council Meeting -10- March 18, 2013 Councilmember Sanger requested that Sec. 2-331(c) be revised to delete the word "churches" and replace it with "religious institutions." She requested that Sec. 2-331(d) be revised to state "serve as a conduit for environmental and sustainable information, topics, and direction to and from residents and the public." It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve First Reading of Ordinance Amending the St. Louis Park Code of Ordinances Chapter 2 Establishing an Environment and Sustainability Commission as amended and to set Second Reading for April 1, 2013. Councilmember Mavity stated she was excited about the potential of this Commission and felt it would provide a great forum for residents. She added that there will be task forces and subcommittees so there will be a lot of ways for residents to get involved. Councilmember Sanger requested information regarding the timeline for establishing the Commission. Ms. Gothberg explained that following the second reading the City will begin advertising on the website, in the newspaper, as well sharing the word with people who have asked about this Commission and once applications are received, interviews will be scheduled with Council. The motion passed 7-0. 9. Communications Mayor Jacobs stated the City Council would not be meeting next week due to Passover. He also reminded residents of the State of the City address on Thursday, March 21st, at 7:30 a.m. at Fire Station#1. 10. Adjournment The meeting adjourned at 9:08 p.m. // Nancy Stroth, City Clerk Jeff Jac����Bayo