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HomeMy WebLinkAbout2015/11/16 - ADMIN - Minutes - City Council - Regular Jft St.NLouis Park OFFICIAL MINUTES MINESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA NOVEMBER 16,2015 1. Call to Order Mayor Pro Tern Lindberg called the meeting to order at 7:43 p.m Councilmembers present Mayor Pro Tern Gregg Lindberg, Tim Brausen, Anne Mavity, Susan Sanger, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs and Councilmember Steve Hallfin. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Economic Development Coordinator (Mr. Hunt), Community Development Director (Mr. Locke), City Clerk (Ms. Kennedy), Senior Planner (Mr. Walther), Director of Operations and Recreation (Ms Walsh), Rec Center Manager (Mr. Eisold), Civic TV Coordinator (Mr. Dunlap), Engineering Director (Ms. Heiser), Communications Specialist (Ms. Pribbenow), and Recording Secretary (Ms. Staple). Guests: None. la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Recognition of Donations Mayor Pro Tern Lindberg recognized the estate of Alice Trainer for two donations, each in the amount of$43,920, the first for improvements to Lamplighter Park and the second for the Fire Department to be used at their discretion. Mr. Harmening stated that it is not often that the City receives a donation in the amount of$88,000. Mr. and Mrs Trainer lived in St. Louis Park for many years, near the area of 16th and Pennsylvania, and spent a lot of time in Lamplighter Park and therefore donated those funds to improve that park. He stated that staff is unsure of the improvements that will be made but will find a way to recognize the Trainers. He stated that Mrs. Trainer had a few interactions with the Fire Department for emergency medical services and was very appreciative of the services she received from the Department. For that reason, she chose to donate funds to the Fire Department. Mayor Pro Tem Lindberg thanked the Trainer estate for the generous donations. He recognized Jane and Michael Wipf in the amount of $200 for natural resources and forestry supplies; Leslie Marcus in the amount of $100 for Westwood Nature Center programming costs; and St. Louis Park Kiwanis in the amount of$50 for the Westwood Nature Center Halloween party 3. Approval of Minutes 3a. Study Session Minutes October 26, 2015 City Council Meeting -2- November 16, 2015 The minutes were approved as presented. 3b. Special Study Session Minutes November 2, 2015 Councilmember Sanger requested a correction on page 5, to delete the last sentence in the 7th paragraph: ' .. - _ . ... . ... .. .. . .. . ' . - . a fee based bag program. The minutes were approved as amended. 3c. City Council Meeting Minutes November 2,2015 The minutes were approved as presented. 3d. Special Study Session Minutes November 2, 2015 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. Approve second reading Adopt Ordinance No. 2482-15 granting a non-exclusive Cable TV franchise to CenturyLink. 4b. Adopt Resolution No. 15-173 authorizing the award of the 2016 Arts and Culture Grants. 4c. Approve implementing an option to the Water Meter Program. 4d. Adopt Resolution No. 15-174 authorizing submittal of state bonding requests. 4e. Adopt Resolution No. 15-175 Authorizing Execution of a Renewed Lease with the State of Minnesota Department of Transportation (Mn/DOT) for Webster Park. 4f. Approve a one-year extension for the Conditional Use Permit (CUP) for NLD 394 LLC (Resolution 14-168) to construct a new Kia Automotive Dealership. 4g. Adopt Resolution No. 15-176 amending the Rules and Procedures for Boards and Commissions updating Section I: Annual Meeting with Council Program. 4h. • Adopt Resolution No. 15-177 approving the First Amendment to the Contract for Private Redevelopment with Cedar Lake Road Apartments, LLC. • Adopt Resolution No. 15-178 approving Partial Assignment and Assumption of Redevelopment Contract between the Redeveloper and Lake West Development. 4i. Adopt Resolution No. 15-179 authorizing installation of permit parking restrictions at 3145 Idaho Avenue South. City Council Meeting -3- November 16, 2015 4j. Adopt Resolution No. 15-180 approving acceptance of a monetary donation from the Estate of Alice Trainer in the amount of$43,920.00 for improvements to Lamplighter Park and $43,920 00 to the Fire Department for use at their discretion. 4k. Adopt Resolution No. 15-181 supporting and approving a Hennepin County Environmental Response Fund Grant Application submitted by Perspectives Inc. for activities pertaining to clean-up of contaminated soil located at 7008 Walker Street. 41. Adopt Resolution No. 15-182 approving acceptance of a monetary donation from Jane and Michael Wipf in the amount of$200 for Natural Resources/Forestry supplies. 4m. Adopt Resolution No. 15-183 approving acceptance of a monetary donation from: Leslie Marcus in the amount of$100 and St. Louis Park Golden Kiwanis in the amount of$50 for Westwood Hills Nature Center. Mr. Harmening referenced Agenda Item 8a, 4900 Excelsior - Final Plat and Final Planned Unit Development (PUD) (First Reading) and advised that the developer has asked that action not be taken tonight and instead be considered at the December 7th meeting. It was moved by Councilmember Mavaty, seconded by Councilmember Spano, to remove Item 8A, 4900 Excelsior - Final Plat and Final Planned Una Development (PUD) (First Reading)from the agenda The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfan absent) It was moved by Councilmember Brausen, seconded by Councilmember Mavaty, to approve the Agenda as amended and items listed on the Consent Calendar, and to waive reading of all resolutions and ordinances The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfan absent) 5. Boards and Commissions - None 6. Public Hearings 6a. Off-Sale Intoxicating Liquor License—M.D. Liquors Ms. Kennedy presented the staff report and request of M.D. Liquors2, Inc., dba M.D Liquors, located at 8942 Highway 7, for an Off-Sale Intoxicating Liquor License. If approved, the license term would be through March 1, 2016. She stated that the current license holder is selling the business to the new applicant and noted that a full background investigation was conducted on the applicant and nothing was discovered that would warrant denial of the license. Mayor Pro Tem Lindberg opened the public hearing No speakers were present. Mayor Pro Tem Lindberg closed the public hearing It was moved by Councilmember Spano, seconded by Councilmember Brausen, to approve Off-Sale Intoxicating Liquor License for MD Liquors2, Inc dba MD Liquors, located at 8942 Highway 7,for the license term through March 1, 2016 City Council Meeting -4- November 16, 2015 The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) 6b. Off-Sale Intoxicating Liquor License Name Change—Top Ten Liquors Ms. Kennedy presented the staff report and request for a name change for the Off-Sale Intoxicating Liquor License held by Yayin Gadol, LLC, from Liquor Barrel to Top Ten Liquors for the premises at 5111 Excelsior Boulevard. If approved, the license term would be through March 1, 2016. She explained that the existing license holder would simply like to change the name of the business and therefore no additional investigation was needed. Mayor Pro Tem Lindberg opened the public hearing. No speakers were present. Mayor Pro Tern Lindberg closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve a name change for the off-sale intoxicating liquor license held by Yayin Gadol, LLC from Liquor Barrel to Top Ten Liquors for the premises located at 5111 Excelsior Boulevard,for the license term through March 1, 2016 The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) Councilmember Mavity stated the Council just completed a year-long discussion regarding the moratorium on new off-sale liquor licenses. She noted she was disappointed at where the discussion ended, which was to make no changes. She stated she did not think that additional licenses were needed in some areas of the City, such as along Excelsior, and wanted to make sure the public understood that the resolution of the moratorium was that no changes would be made to the current liquor license policy. She believed that guided constraints could have been added. 6c. Public Hearing - Establishment of 4900 Excelsior Tax Increment Financing District. Resolution No. 15-184 and Resolution No. 15-185. Mr Hunt presented the staff report regarding the establishment of the 4900 Excelsior Tax Increment Financing District (TIF). He stated that staff had nothing further to add to the comments made at the EDA meeting earlier. Mayor Pro Tem Lindberg opened the public hearing. Denise Davis, 4820 Park Commons Drive, stated that her building will be directly impacted by this project. She stated that she would like to find another creative use for the property, but understood that the City needs to make some money from the property. She expressed concern over the traffic issues, as the traffic is currently intolerable and this will add 176 apartments to the area She stated that while it would be great if people used mass transit, most people do not and additional vehicles will add traffic to the roadways. She also expressed concern with pedestrian safety. She wished that more consideration was given to the height and size of the building and the number of apartments as well to those that live in that area. City Council Meeting -5- November 16, 2015 Rita Wagner, 4820 Park Commons Drive, stated that she is beginning to see some good from developing in that area such as more support for the businesses in that area. She was not sure how truck traffic would access the site. She asked that more consideration be given to the traffic problem on Quinton. Marge Sur, 4820 Park Commons Drive, stated that she is mainly concerned with the street. She stated that she does not drive and rides the bus and is concerned with the activities that will have to be handled by Quinton. She stated that there are a number of people in her building that use the bus for transit. Eleanor Martin, 4820 Park Commons Drive, objected to the number of parking spaces for the proposed building. She opined there is already a pedestrian safety issue when crossing Excelsior, and this will add more traffic to the neighborhood. Mayor Pro Tem Lindberg closed the public hearing Councilmember Mavity stated she appreciated the comments expressed tonight and noted that a more robust discussion will occur in terms of the design and PUD at the December meeting. She stated that she has brought forward the traffic issues, specifically along Quinton, through study sessions as well. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to Adopt Resolution No. 15-184 approving the elimination of parcels from the Park Commons Redevelopment Tax Increment Financing District (Hennepin County TIF District No 1308), within Redevelopment Project No 1, in the City of St Louis Park) The motion passed 4-1(Councilmember Sanger opposed) (Mayor Jacobs and Councilmember Hallfin absent) Councilmember Sanger stated she expressed her objections to this project during the EDA meeting, specifically in regard to parking, lack of green space and building size. She noted she does support redevelopment of the parcel, but would like to see a more neighborhood friendly scale development. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to Adopt Resolution No. 15-185 approving the establishment of 4900 Excelsior Tax Increment Financing District within Redevelopment Project No 1 (a redevelopment district) The motion passed 4-1(Councilmember Sanger opposed) (Mayor Jacobs and Councilmember Hallfan absent) Councilmember Mavity again noted that there will be a more robust discussion at the December 7th meeting when the design and PUD are considered. 7. Requests, Petitions, and Communications from the Public --None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. 4900 Excelsior - Final Plat and Final Planned Unit Development (PUD) (First Reading). City Council Meeting -6- November 16, 2015 This agenda item was removed from the agenda and postponed to December 7, 2015. 8b. Westside Center (Former Novartis Site) - Preliminary Plat, Final Nat and Conditional Use Permit. Resolution No. 15-186 and Resolution No. 15-187. Mr. Walther presented the staff report regarding a request for Westside Center for a Preliminary Plat, Final Plat and Conditional Use Permit. He identified the project area and explained that the applicant began multi-tenant improvements to the building in 2014 and in 2015 FEMA established the floodplain elevation for this site. He stated that this site previously did not have an elevation and a model was created using the Atlas 14 data, which was reviewed by multiple agencies. He stated that there were two wetlands on the property that were impacted by the development He noted that on June 1, 2015 phase II of the project was approved by the Council for an expansion of impervious surface for parking, outdoor storage, and a building addition. He noted that as part of that plan a storm water pond was created. He provided background information on Phase II of the project, noting that phone calls from residents had been received once construction began and the City held neighborhood meetings in response Mr. Walther noted that proper notification was mailed to properties within 350 feet of the property prior to the public hearings for that project. He stated that Minnehaha Creek Watershed also sent notifications to neighbors within 600 feet of the site as part of their public hearing notification permitting process. He stated that the City has made some changes to the templates used for mailed notices regarding public hearings, including the addition of maps, to provide additional clarification to residents. He advised that notification is also posted on the website and in a local paper, as well as a sign posting on the property. He stated that the developer also hosted the neighbors to hold an informational meeting to share their development plans. He advised of additional meetings between the City and residents to provide additional information throughout this process, which he believed have responded to all the questions that the residents had Mr. Walther stated that the current request for Phase III would include a lot split and proposed fill that would be hauled to the site to further expand the parking lot. He stated that in reference to the lot split, there is a variance request to allow no drainage and utility easement on the common lot line He noted that a park dedication fee would be collected on Lot 2 following the lot split. He advised that Lot 2 would benefit from a shared parking easement with Lot 1 and stated that there would be common access points between the sites for-emergency services. He stated that these agreements were reviewed and approved by the City Attorney. He referenced the Conditional Use Permit, which would be used to import fill to the property to construct the parking area, and provided additional details on the amount of fill that would be used. The fill included fill within the floodplain, and compensating flood storage was provided elsewhere on the site. He provided additional details on the landscaping and tree replacement plan. He provided details on the hauling that would occur for the site including hours of operation and routes. Mr. Walther highlighted the comments that were received during the October 13th neighborhood meeting. He stated that the Planning Commission held a public hearing on October 21St and summarized the comments received at that meeting. He reviewed the major findings from the staff report and Planning Commission noting that the proposed City Council Meeting -7- November 16, 2015 fill does not cause a flood stage increase and does not endanger life or property; compensating flood storage meets City Code requirements, and the proposed fill and parking lot expansion is consistent with zoning code requirements. He highlighted benefits of the constructed storm water pond on the site. He stated that the Planning Commission and staff recommend approval of the proposed actions, subject to the conditions listed in the staff report. Councilmember Brausen referenced the floodplain designation and received clarification that would be in regard to a 100-year flood event, noting the storm water pond would increase the space for flood water storage Alison Riley, 2837 Ottawa, asked about the proposed businesses that would go into the site and if they would need that much parking. Mr. Walther stated that some of the largest existing tenants include LRS, Zerorez, and Fish Guys. He noted that there are a number of other tenants as well. He stated that the applicant believes that amount of parking would be needed based on the employment of the businesses at the site and noted that the City parking formulas also support that amount of parking. Councilmember Spano stated that there was discussion of Metro Transit and bus service to this site, but accessing the site from a bus standpoint would be difficult and therefore there is not a bus running to the site and an alternative is not available. It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to Adopt Resolution No. 15-186 Approving the Preliminary and Final Plat of "Westside Center Izzie Addition", subject to conditions Councilmember Sanger stated that she will be supporting this motion but not without trepidation. She stated that the various experts have stated that what is proposed here will not make the current flooding situation worse, which might be as much as the City can expect here. She stated that the City is aware of the flooding problem in that area. She was pleased and relieved that neighbors met with the Minnehaha Creek Watershed District the previous week at which time they were able to gain additional information. The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) It was moved by Councilmember Sanger, seconded by Councilmember Spano, to Adopt Resolution No. 15-187 Approving a Conditional Use Permit to import fill material and for fill within the floodplain, subject to conditions Councilmember Mavity referenced the challenges for access to this site and asked if there is a proposed connection across the rails for pedestrians and bikes to go north. Mr. Walther stated that the short answer is yes, the City's pedestrian and bicycle system plan identified this area as a search corridor for future connections to the regional trail and an overpass of the railroad tracks, but the location and timing of those improvements are uncertain The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) 8c. CenturyLink Cable Franchise Findings of Fact. Resolution No. 15-188. City Council Meeting -8- November 16, 2015 Mr. Dunlap presented the staff report and stated that he was present to answer any questions, noting that this item provided the background information for the Ordinance that was adopted as part of the Consent Agenda It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to the Findings of Fact and Resolution regarding an ordinance granting a competitive cable franchise for Qwest Broadband Services, Inc D/B/A CenturyLink Councilmember Sanger stated that this will set the stage for another provider for cable television and interne service to come to the City. The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) 8d. Bid Tabulation: Reject Bids for the Outdoor Ice Rink Site Work and Grading Project Mr. Eisold presented the staff report and recommendation to reject the bids for the outdoor ice rink site work and grading project, noting that these were the only bids received and they were higher than staff anticipated due to the soil corrections needed onsite He stated that this would also allow the City to apply for grant funds to assist in the soil corrections needed. He stated that staff would bring back a new bid project in February, which would include any grant funds received. Councilmember Mavity asked what would happen if the City is not successful in obtaining grant funds. Ms. Walsh stated that the City has looked at value engineering options, grants have been applied for, and the entire project will be rebid in December and January. Councilmember Spano referenced the schedule and asked what that will do to the project schedule, whether that will simply be a two month delay or a season delay. Mr. Eisold stated that this would still remain within the project schedule to be completed for next season. Ms. Walsh stated that earlier there had been some grading proposed for fall with some months of little to no activity and advised that extra time will allow for this adjustment in the schedule. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to reject bids for the Outdoor Ice Rink Site Work and Grading Project and authorize re- advertisement for bids The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) 8e. Traffic Study No. 659: All Way Stop Signs on Ottawa Avenue at 29th Street. Resolution No. 15-189. Ms. Heiser presented the staff report regarding a petition received for the installation of stop signs on Ottawa at 29th Street. She stated that routinely the Traffic Control Committee reviews requests on a monthly basis against guidelines, policies and standards. She stated that the criteria were not met and the Committee therefore City Council Meeting -9- November 16, 2015 recommended that the additional stop signs not be installed. She noted that in those instances the residents have the option to present the request to the City Council if a petition is received by 70 percent of the residents within 600 feet, and advised that the City did receive such a petition. Anita Kolman, 2855 Ottawa Avenue, stated she had circulated the petition in the neighborhood and the reception of the neighborhood was overwhelmingly supportive, not only from Ottawa and 29th but other intersections. She stated that no one that answered their door refused to sign the petition and she stopped door knocking once she received the necessary amount of signatures She stated that people not only agreed to sign the petition but also made comments about the excessive speed of those traveling on Ottawa She stated that the neighborhood wants and needs the stop signs and urged the Council to support the request. Allison Riley, 2837 Ottawa, stated she has two small children who have friends across the street and there is a lot of traffic that uses the roadway, especially with the construction She worries about the safety of her children when crossing the roadway and believed that the stop signs would help increase awareness of the drivers Jill Barber, 2840 Ottawa, stated there are no sidewalks so it is dangerous. Councilmember Mavity asked if the neighborhood also supports sidewalks. Ms. Kolman stated that would be a separate issue. She clarified that there are sidewalks currently on the 2900 block of Ottawa and noted that sidewalks do not deter the speed of drivers Ms. Riley stated the bus stop for her children is on 29th and it makes her nervous for her children to cross the street especially without sidewalks. Dean Halverson, 2815 Ottawa, asked what other traffic calming items had been looked at as there was a petition 10 to 15 years ago, that was not approved. He stated the speed of traffic is quite fast. Ms. Heiser stated she would speak with Mr. Halverson after the meeting to provide additional options. Michael Schoff, 2809 Ottawa, agreed that the stop signs would assist in slowing the speed of traffic. He noted there is a great amount of traffic because of the two schools in the area and the added vehicles that take the road because of the construction. Marvin Marshak, 2855 Ottawa, stated although the engineering study states the traffic volumes do not meet the criteria, he believed the engineering department would agree that the roadway handles a lot of traffic. He stated the traffic is not going to a destination in the neighborhood but cutting through to get to another location. He noted a significant number of vehicles are exceeding the speed limit. Mr. Marshak provided a list to staff that identified 15 other comparable intersections that have all-way stops. He noted a process has been identified for residents to request the stop sign and encouraged the Council to support the stop sign. Councilmember Sanger stated she lives in this area and was very supportive of the request She stated the work that City staff has done to talk about the volume of cars tend to understate the problem. She noted as the school year goes on, more students turn 16 and traffic increases through the neighborhood. There is a significant amount of City Council Meeting -10- November 16, 2015 pedestrians in the neighborhood, as well, and for the reasons identified, she would support the request. It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to Adopt Resolution No. 15-189 authorizing installation of stop signs on Ottawa Avenue at 29th Street Councilmember Mavity cautioned that just because there is a stop sign, it does not mean everyone will stop or that the area will be entirely safe for pedestrians. She asked residents to stay vigilant. The motion passed 5-0 (Mayor Jacobs and Councilmember Hallfin absent) 9. Communications—None 10. Adjournment The meeting adjourned at 9:00 p.m. A _A ..ajiMPAN • Al111.11_ I. I_ C /IA 71 Melissa Kennedy, City C1: Greg Li dberg, Mayor Pro Te