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HomeMy WebLinkAbout2017/05/01 - ADMIN - Minutes - City Council - RegularfflSt. Louis Park OFFICIAL MINUTES M I N N E S O T A CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 1, 2017 1. Call to Order Mayor Spano called the meeting to order at 8:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Anne Mavity, Thom Miller, and Susan Sanger. Councilmember absent: Gregg Lindberg. Staff present: City Manager (Mr. Harmcning), City Attorney (Mr. Mattick), Economic Development Coordinator (Mr. Hunt), Engineering Director (Ms. Heiser), Director of Community Development (Mr. Locke), Assistant Zoning Administrator (Mr. Morrison), Planner (Ms. Monson), Senior Planner (Mr. Walther), Transportation Coordinator (Mr. Sullivan), and Recording Secretary (Ms. Pappas). Guests: Hennepin County Attorney Mike Freeman, St. Louis Park High School students; representatives from Chick-fil-A, Knollwood Shopping Mall, and Benilde-St. Margaret School. Ia. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Bike Month Proclamation Mayor Spano read a proclamation declaring May, 2017, bike month in the City of St. Louis Park. He noted this is a joint effort between Hennepin County, Minneapolis Bicycle Coalition, and Three Rivers Park District. Mr. Sullivan announced Twin Cities Bike to Work Day is May 17, 7:30 to 9 a.m., with commuter rest stops at Beltline Boulevard at the Cedar Lake Regional Trail and at Virginia Avenue at the North Cedar Lake Trail. The Bike the Park Family Bike Ride is May 27,10:30 a.m. to 1 p.m., and involves a bike ride from the Aquila School parking lot to Dakota Park and back. 2b. Update from Hennepin County Mike Freeman Mayor Spano welcomed Hennepin County Attorney Mike Freeman. Mr. Freeman provided an update on activities and initiatives of the Hennepin County Attorney's Office. Ile thanked the St. Louis Park Police Department, the new police chief, mayor, and city council members. Mr. Freeman also gave an update on crime in St. Louis Park, saying it is consistently low, and property and violent crimes are down. He thanked the city for their partnership with the County Attorney's Office. Additionally, Mr. Freeman stated that opiates are a problem in Hennepin County now, and his office is working hard to get prescription amounts reduced. He added that a difficult part of this ongoing problem is that dealers are selling bad heroin, which is killing users. City Council Meeting -2- May 1, 2017 Mr. Freeman noted that the county has also been working on retargeting the sentencing of drug offenses, including adding treatment either with prison or instead of prison. He added that guns are still a problem, and his office is collecting many and prosecuting people vigorously. Mr. Freeman stated that he spends a lot of time with kids and encourages them to stay in school, noting it is against the law if parents are not taking their kids to school. He added that curfew laws for under 18 are strict, as well. Mr. Freeman closed by saying that government is being asked to be more transparent, especially with the press. Today everyone wants to know what a grand jury is doing during deliberations. The county offices are more open and put more information on the web. He referenced the Jamar Clark case where 80,000 hits were received on the county website related to the case and the grand jury. He again thanked the city staff, police and the city council for their support. 2e. St. Louis Park High School Students Update on The Nest Mayor Spano acknowledged students from St. Louis Park High School, who came with an update on The Nest project. The students delivered a presentation on their proposal for a location to be used as a hangout to study and purchase coffee and treats. They noted other locations in the west metro where students have a similar place, including Minneapolis, Savage, and Hopkins. The students feel something similar in St. Louis Park would be a great asset and provide a huge benefit to the community, as well. The students explained this is to be a safe place to spend time with friends and for them to be themselves. The students noted the need for a safe, inclusive space that is substance free and with a casual coffee shop atmosphere. They noted this would be a place where students could give their points of view and gain a sense of self-esteem and belonging. They also presented a short video and noted the Muddy Paws Cheesecake Company is interested in being involved, as well, with a separate business adjacent to The Nest. It was noted that a board of students and parents had been formed, and a financial plan was presented, with an estimate of what is needed to fund the creation of The Nest. The students added that they are looking into becoming a 5016 non-profit and will pursue possible grants. They are asking the council to provide the initial seed money of approximately $25,000-30,000 for rental of the space so that it can open for the 2017-18 school year. The board will manage the project. The students noted that they have a Facebook and an Instagram page, have done surveys and have 259 signatures to date in support of the project. Additionally, the Police Department is supportive of this project. Mayor Spano thanked the students for their presentation Councilmember Miller said he has had the privilege of working with this group over the last 18 months. He stated that the students are very mindful of inclusivity of all people. This was their own idea and not that of their parents. He continued that the students want students from all economic, race, and financial backgrounds to be welcome, and the space is to be a safe haven for all. Councilmember Miller added that many students today suffer from anxiety and depression, and it would be helpful if the community could play a City Council Meeting -3- May 1, 2017 role in supporting students. He noted this will be important to review and discuss at a future city council study session. Councilmember Mavity added that she had received an email from owner of Muddy Paws Cheesecake, noting they are on board with the project. Additionally, she stated there are many creative ways to find seed money and support from the St. Louis Park Community Foundation, St. Louis Park School Foundation, and Lennox Fund, noting she hopes there will be broad support. Mayor Spano stated he speaks for the council when he says they are excited about this project. They have already engaged in this conversation and want to move it forward. He thanked the students for sharing their presentation. 3. Approval of Minutes 3a. City Council Meeting Minutes April 3, 2017 Councilmember Brausen noted on page 6 item 9, his comments referenced "controlled burns of the landscape and included Lamplighter Park." It was moved by Councilmember Brausen, seconded by Councilmember Sanger, to approve the April 3, 2017 city council meeting minutes as amended The motion passed 6-0. (Councilmember Lindberg absent) 3b. Special Study Session Minutes April 17, 2017 Councilmember Sanger noted the correct spelling of the Chair of the St. Louis Park Historical Society is Ted Ekkers It was moved by Councilmember Brausen, seconded by Councilmember Miller, to approve the April 17, 2017 special study session minutes as amended. The motion passed 6-0 (Councilmember Lindberg absent). 3c. City Council Meeting Minutes April 17, 2017 Councilmember Mavity, noted on page 9 related to the public hearing on PLACE, "...the cib, is obliged to support the prej should read—the city has invested so much time and energy and it makes sense that we continue to move it forward. Councilmember Sanger stated page 7, second paragraph, should read: Councilmember Sanger said she was supportive of changes to election laws including eliminating the primary and including raising the number of signatures needed to get on the ballot. Councilmember Sanger also noted on page 9 related to her objections to PLACE, it should read: the consultant miscalculated the parking needed and identified a number of unreasonable and unrealistic assumptions that went into this miscalculation of the supposedly needed parking " City Council Meeting -4- May 1, 2017 It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve the April 17, 2017 city council meeting minutes as amended. The motion passed 6-0. (Councilmember Lindberg absent) 3d. Special City Council Meeting Minutes April 24, 2017 It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve the April 24, 2017 special city council meeting minutes as presented. The motion passed 6-0 (Councilmember Lindberg absent). 4. Approval of Agenda and Items on Consent Calendar 4a. Accept for filing City Disbursement Claims for the period of March 25, 2017 through April 21, 2017. 4b. Approve Second Reading and Adopt Ordinance No. 2517-17 amending Section 36-268 PUD 7 of the Zoning Code for property located at 4005, 4015, & 4027 County Road 25, and approve the Summary Ordinance for publication. 4c. Designate Park Construction Company the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $3,228,888.95 for the Texas Avenue Reconstruction- (Project No. 4017-1101). 4d. Approve a Temporary Liquor License for the Heilicher Minneapolis Jewish Day School for their Annual Meeting to be held on June 11, 2017, at the Sabes Jewish Community Center, 4330 Cedar Lake Road in St. Louis Park. 4e. Approve a parking agreement with Sidal Crossroads, Co., LLC (Louisiana Oaks Apartments) to lease 20 parking spaces to accommodate overnight guests of the Louisiana Oaks apartment complex provided a permit is displayed on the vehicle. 4f. Approve for filing Planning Commission Minutes of March 15, 2017. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0. (Councilmember Lindberg absent) 5. Boards and Commissions - None 6. Public Hearings 6a. Establishment of the Wooddale Station Tax Increment Financing District. Resolution No. 17-078 Mr. Hunt recommended approval of the establishment of the Wooddale Station Tax Increment Finance District. Mayor Spano opened the public hearing. Meghan Phimister, 3451 Zarthan Ave. S., stated she is a 30 -year resident of St. Louis Park and is surprised that no reference checking on the developer was done by staff, adding that the city needs to find out what the developer did well on other projects, so St. City Council Meeting -5- May 1, 2017 Louis Park can be successful. She added that the EAW report should be done annually, as well as a mobility travel demand report. She stated that when the West End opened, there was ample parking, but now there is not enough parking. She added that the city needs to extend the agreement to 10 years, not 3 years, and to keep reviewing it. She recommended that staff also review U -tum mitigation and right -in, right -out traffic at the frontage road. She also noted there is risk with the digester, and there could be issues with smells. While she does support the project, she prefers the council delay the vote. Kim Anderson, 3248 Yosemite Ave. S., stated that we are all stewards of public money and share in that. She thanked the council for the times they have been careful stewards with public money and also clarified that her research was done because she is a supporter of the project. She added that both visionaries and implementers are needed. Accountability goes both ways. She stated that the city needs to figure out what is successful about this vision and give the developer everything they need to bring it to fruition, adding that St. Louis Park needs affordable housing and inclusive environments. Roger Onken, 3600 Wooddale Ave. S., agreed with Ms. Anderson and asked the council to put on their creative thinking caps in order to reduce height, financial risk, and noise pollution. He stated the project should be reduced to four stories and all potential risks mitigated. I -Ie hopes the council will postpone the vote. He stated he lives kiddy -corner from the project and noted there is wildlife in the area. Additionally, he stated this past Sunday, there were two dozen cars parked on the street in front of stores at 3 p.m. He asked where these cars will park after the PLACE project is built. Lois Zander, 3109 Zarthan Ave. S., is Co -Chair of the Sorenson Neighborhood group and has lived in St. Louis Park for 26 years. While she is not opposed to PLACE or to affordable housing, she is concerned about the EAW and other issues. She also visited the Ventura, California, PLACE development twice and spoke to the person in charge. She stated she was hoping to see some vibrancy but only saw one artist. Ms. Zander added that with potential parking issues, a ramp was suggested. She stated residents have been told that the trend will be for people to reduce or discontinue the use of cars. She added that the traffic study that was done is antiquated, citing the amount of traffic to the Rec Center, The Roc, and Trader Joes. She asked the council to listen to everyone's concerns and rather than waiting for issues to arise, to approve the project only after all of the major issues have been resolved so that the developer will be successful from the beginning. She asked that the vote be postponed. Lynn Levine, 2301 Westridge Ln., noted she has lived here less than one year and been involved with wetlands in St. Louis Park. She asked the council not to rush to approve this development and to be careful. Jeff Persigal, 3000 Hwy. 100, stated he loves the idea of PLACE, but the development needs more parking. He stated that all the issues are related to traffic, and he does not think the city is dreaming big enough. He stated that there will not be enough parking if the project takes off like the council believes it will. People wanting to use the park and ride will find a huge hassle. Sonja Almi, 3922 Webster Ave. S., stated this council has moved very quickly on issues in the past. She pointed out years ago with the Park Nicollet development, residents had to convince the city to review the vegetation and lighting, but the city rushed ahead. She City Council Meeting -6- May 1, 2017 argued that there is impact to residents, noting that her house overlooks Highway 100 and is impacted every day by traffic and higher illumination on her street. She stated no one at city hall has responded, and the plantings on Park Center Boulevard have not been kept up for years. She stated it is not just an issue with the PLACE building, but there will be issues with sustainment of the urban forest, parking, traffic, and impact to the environment. She asked the council what will happen if the composting mechanism ruptures or if there is a contingency plan in place. She also asked the council not to rush into this, to protect the citizens, and to use public money wisely. John Smith Koppes, 3640 Woodale Ave. S., noted he believes TIF is a responsible funding measure, and he supports it. Russell Geisman 3700 Wooddale Ave S., asked the council to be smart and not delay. He noted there is a trend toward not owning/driving a car. He added that he is a hiring manager who works with and talks to millennials every day. He thanked the council for all the work they are doing. Noel Russett, Vallacher Ave., stated he has been to more than three meetings on this development, and every time a different plan has been presented. He stated that the city needs contingencies, and he has questions on the EAW statements. He requested a delay of this vote due to lack of contingency plans, noting the development will not be able to support affordable housing if the hotel fails. Mayor Spano closed the public hearing. Councilmember Hallfin stated many residents are in favor of the project, and many want to delay the project. Likewise, many folks have lived in St. Louis Park for many years. He has lived here for 50 years. He added that historically the city has received complaints on many projects over the years, including in the area being discussed. Years ago, many said the smell of peanut butter or coffee was too strong. He added that the city has contingency plans. Councilmember Hallfin commented that many have requested that the council not rush into this decision, noting that the council has been reviewing it for the past four years. He stated the council looks at each one of these projects on their own merit, and he is in favor of this development. He added that over the years, this developer made many requested revisions to the plans. Councilmember Mavity stated that it is no secret she is a supporter of this project and will support the TIF. She pointed out for the record that there is risk to this project, but there is other public funding in this project, and the council is not rushing into it. She stated that this is not the same project that the council started with. It has been improved through input from the community. She stated that issues will be dealt with, pointing out that when there were parking issues at The Ellipse, measures were put in place to make it workable. Councilmember Mavity added that there has been much talk about parking and traffic. If the S WLRT moves forward, there will be three stations in St. Louis Park. The Beltline Station will be the park-and-ride, not the Wooddale Station. Councilmember Brausen stated there have been some questions on whether staff has done due diligence on this project. He noted that the council has been working with staff on this project for four years. He pointed out that the Ventura development is in a different economy. He added that the council believes this project will be successful and are also City Council Meeting -7- May 1, 2017 demanding performance guarantees. He stated that the city has options to terminate if things do not go as planned, adding that if the e -generation goes wrong it can be terminated as well. Councilmember Brausen stated that the city has built accountability into the process and that he will continue to support it. It was moved by Councilmember Mavily, seconded by Councilmember Brausen, to adopt Resolution No. 17-078, approving the establishment of the Wooddale Station Tax Increment Financing District within Redevelopment Project No. 1 (a redevelopment district). The motion passed 5-1 (Councilmember Sanger opposed, Councilmember Lindberg absent). 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. PLACE St. Louis Park EAW Finding of Fact and Record of Decision. Resolution No. 17-079 Mr. Walther presented the staff report regarding the Environmental Assessment Worksheet (EAW) for the PLACE redevelopment project. He stated that the EAW is complete. Staff found that the PLACE redevelopment project does not have the potential for significant negative environmental effects and does not warrant an Environmental Impact Statement (EIS). Mr. Walther stated that the EAW was posted on city websites and in the .Sun Sailor. It was noted that adoption requires 4 affirmative votes. Councilmember Sanger stated on page 27 of the EAW, in comments from the Metropolitan Council, it states that if PLACE is constructed, there will need to be changes to the pedestrian access to the light rail station, which will need to be paid for by others. Councilmember Sanger asked if the PLACE redevelopment will be responsible for the costs of these changes. Mr. Walther stated that PLACE would be responsible for that change. This is included in the planning development contract, and a cost neutral solution would be sought. Councilmember Sanger also stated that related to the number of parking spaces, on pages 33 and 42 of the EAW, the parking calculations did not include a 10% reduction due to proximity to the transit stop. She added that in the Walker study, 54 spaces were deducted, so it seems that staffs analysis and the Walker analysis are at odds. She stated that she wonders if there is agreement with Walker on parking spots here. Mr. Walther stated that the parking was analyzed in 3 ways - from the demand projected by PLACE, the Walker Parking Consultants report, and staff research. Mr. Walther added that staff research and experience supported the 447 parking spaces shown in the current plans. The Walker parking study provided additional research, reviewed comparable examples per Walker's experience in this region and nationally, and Walker Parking Consultants shared parking model. The Walker review affirmed staffs research and proposed parking requirements for the development. PLACE adjusted the plans to provide the parking that staff recommended for the site and adjusted the unit mix to meet these requirements. He added there is ongoing review and responsibility included in the City Council Meeting -8- May 1, 2017 agreements to manage any parking shortfalls, if any materialize, especially during this time period when LRT is not yet up and running. Councilmember Sanger asked if she is to assume that Walker, PLACE, and staff all got to 447 spaces. Mr. Walther stated they all were within the same range. Councilmember Sanger noted that Ms. Anderson's report said that in Ventura, California, they had the same approach to car -free living, and it did not work. She added that PLACE management did not enforce this requirement, so why should we expect them to enforce it here. She also asked what the impact is if this project is not successfal and is half vacant, and why there is nothing in the LAW that addresses the finances. Mr. Walther stated the parking management is a condition of approval and reinforced in the agreements, and that there is a financial impact report in the TIF analysis, but it is not in within the LAW report. Councilmember Hallfin asked about parking and how the city would address it if someone was living in a car -free unit and had a car. Mr. Walther stated that in the event there is additional demand for parking, the city monitors and regulates on -street parking. If there is an opportunity to add permit parking or restrict parking hours, the property is required to manage it more appropriately. Councilmember Hallfin also asked if there is anything in the PUD to ensure that the developer will not have that problem in the first place. Mr. Walther stated that there is an approved parking plan that is the financial responsibility of the developer. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to adopt Resolution No. 17-079, certifying the environmental assessment worksheet (EAW) cis an adequate examination of the environmental impacts and accepting the Record of Decision, declaring no need for an Environmental Impact Statement for the PLACE redevelopment project The motion passed 5-1 (Councilmember Sanger opposed, Councilmember Lindberg absent). 8b. PLACE — Preliminary and Final Plat; Second Reading of the PUD. Resolution No. 17-080 and Ordinance No. 2518-17 Ms. Monson presented the staff report, preliminary and final plat, and the second reading of the preliminary and final Planned Unit Development for PLACE (Projects Linking Art, Community & Environment), a Minneapolis 501(.)(3) nonprofit developer, to construct a landmark mixed-use, mixed income, transit oriented and environmentally sustainable development. She noted that project components include 2 apartment buildings with a total of 299 residential units (200 affordable and 99 market rate); a 110 - room hotel, a 10,000 -sq, ft. e-generation/greenhouse facility; approximately 15,400 sq. ft. of ground floor commercial/retail space; parking structures; and an urban forest. It was noted that both actions require 4 affirmative votes. Councilmember Hallfin stated he received an email from a friend who lives at the 3600 building on Wooddale. He stated the friend asked if the low-income housing piece is accurate and in line with other multi -living units in St. Louis Park. Councilmember Hallfin replied to his friend that there are more affordable units in this development than others in St. Louis Park because the developer is not for profit and their model is to build City Council Meeting -9- May 1, 2017 live/work affordable units. He added that the number of affordable units depends on the size of the project and that there are different levels of affordability. He pointed out the difference between affordable and low income, stating this really crystalized the beauty of what PLACE is proposing to build. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to adopt Resolution No. 17-080, approving the Preliminary and Final Plat subject to conditions. The motion passed 5-1 (Councilmember Sanger opposed, Councilmember Lindberg absent). It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve Second Reading and adopt Ordinance No. 2518-17, adding Section 36 -268 - PUD 9 to the Zoning Code and amend the Zoning Map from IG -General Industrial and MX -Mixed Use to PUD 9 for the properly located at the southeast quadrant of Highway 7 and Wooddale Avenue and the northeast corner of West 36`r' Street and Wooddale Avenue, and approve summary ordinance for publication. The motion passed 5-1 (Councilmember Sanger opposed, Councilmember Lindberg absent). 8c. Conveyance of Property from the City to the EDA pursuant to proposed Purchase and Redevelopment Contract with PLACE E -Generation One, LLC. Resolution No. 17-081 Mr. Hunt presented the staff report regarding the proposal by PLACE E -Generation One, LLC, to purchase nine properties from the EDA and construct a major mixed-use transit - oriented redevelopment at the southeast quadrant of Highway 7 and Wooddale Avenue, and the northeast corner of W. 36th Street and Wooddale Avenue. The proposed redevelopment site requires the assemblage of nine parcels, of which three (5815 Hwy. 7; 3575 Wooddale; 5816 36`h St.; and 5814 36`h St.) are owned by the city and require conveyance to the EDA so that they may subsequently be sold to PLACE. Mayor Spann commented to residents that he knows many agree with the project and are excited, while others have concerns. He pointed out this development has been through many iterations, and today it is a very different project than it was in the beginning. He added that many of the changes came from public input, noting there has been much feedback on how to improve it. He does not want residents to think it was a fait accompli and that their concerns were not heard. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to adopt Resolution No. 17-081, approving the conveyance of property from the City of St. Louis Park to the St. Louis Park Economic Development Authority pursuant to the proposed Purchase and Redevelopment Contract with PLACE E -Generation One, LLC. The motion passed 5-1 (Councilmember Sanger opposed, Councilmember Lindberg absent). City Council Meeting -10- May 1, 2017 8d. Shoppes at Knollwood Planned Unit Development (PUD). Mr. Morrison presented the staff report regarding the application of Chick-fil-A (CFA) for preliminary and final Planned Unit development (PUD) for the Shoppes at Knollwood, which will include the redevelopment of the former TCF Bank building into a Chick-fil-A restaurant, including a drive-through. He noted that there were some traffic concerns, so the orientation of the building was changed to move the drive-through entrance further away from Texas Avenue. Staff also noted that Texas Avenue and Highway 7 can accommodate the traffic resulting from the restaurant. Mr. Morrison stated that bicycle parking will be provided, and the 528 parking spaces at Knollwood will provide ample parking for the restaurant. He added that the mall owners will be bringing the stormwater management up to code this year, as well. Mr. Morrison stated that the lighting was reviewed and plans were revised from four light poles down to one. The landscaping will include removal of two trees, and standard landscaping will be replaced. Proposed signage will be similar to the sign at Aquila and Highway 7. Councilmember Mavity stated that she will support this motion, as it meets the city's guidelines. She thanked Chick-fil-A management for reaching out to the St. Louis Park Allies group, noting that this is a group that represents the values of St. Louis Park, which embraces, welcomes, and celebrates diversity — all colors, religions, and backgrounds. She welcomed Chick-fil-A to the community and invited them to be involved in these values, as well. Councilmember Sanger asked about the stormwater management on the Knollwood property. She stated that four years ago, Knollwood management agreed to bring it up to code, but it still has not been done. She asked if an additional condition could be added to the motion stating that Chick-fil-A would not be allowed to operate until the permits for stormwater management are pulled by the management at Knollwood. Mr. Morrison noted staff has been in communication with Knollwood management and Chick-fil-A on this issue, and that staff could hold the permit for Chick-fil-A until the permit for the stormwater has been issued. Councilmember Hallfin stated that the previous mall owners did not take care of the stormwater management issues. He asked if current management pulls permits now, what the timing is and what the city's recourse is if they do not follow through on this work. Mr. Walther stated that the past management had agreed to make these improvements, and the city provided a deadline, but they were not able to come to agreement on the improvements. The city's current agreement with Knollwood management states that they have until October 2017 to complete the stormwater management project. It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to approve the First Reading of an ordinance establishing a Planned Unit Development for the Shoppes at Knollwood and the construction of a Chick-ftl-A restaurant, as amended to require the permit for Chick-fil-A not be issued until the permits are pulled by Knollwood management to begin the stormwater management work, and to set the second reading for Allay 15, 2017. City Council Meeting -11- May 1, 2017 Councilmember Brausen added that Untiedt's outdoor market is a good, fresh food option for the community. He encouraged the Knollwood management to continue their lease, as they have been serving the community from the mall parking lot for over 20 years. The motion passed 6-0 (Councilmember Lindberg absent) 8e. Walker Pond — Conditional Use Permit. Resolution No. 17-082 Ms. Monson presented the staff report regarding a Conditional Use Permit (CUP) application by the city's Engineering Department to export 2,160 cubic yards of material and import 500 cubic yards of fill to construct a stormwater treatment facility in the northeast quadrant of Highway 7 and Louisiana Avenue on two parcels located at 3400 Republic Ave. and 7015 Walker St. She noted that the city will remove the contaminated soil according to Minnesota Pollution Control Agency standards, adding that construction will take 8 to 12 weeks. Mr. Harmening clarified that the council is not being asked to approve the stormwater project. They are being asked for the land use approvals for the soil excavation and fill. It was moved by Councilmember I3allfin, seconded by Councilmember Brausen, to adopt Resolution No. 17-082, granting Conditional Use Permit (CUP) for the City of St. Louis Park allowing the excavation of 2,160 cubic yards of material and import of 500 cubic yards of fill to construct a stormwater treatment facility at 3400 Republic Avenue and 7015 Walker Street, subject to conditions. The motion passed 6-0. (Councilmember Lindberg absent) 8f. Special Permit Major Amendment — Benilde-St. Margaret's (BSM). Resolution No. 17-083 Mr. Morrison presented the staff report. He stated that BSM is requesting an amendment to a special permit to add approximately 2,200 square feet of flex auditorium space within its building and to convert approximately 4,700 square feet of storage space into classrooms. He noted that the expansion is within the existing building footprint of the school, so the addition does not expand the existing outer perimeter of the building. He added there were public comments about the exterior lighting, the illuminated cross and the tinted windows, and BSM agreed not to illuminate the cross. Councilmember Sanger stated she is supportive and glad to see BSM has agreed not to backlight the cross and to use tinted glass. However, she did not see these items written into the special permit and asked if they can be added. She also asked if bird deterring glass can be used. Natalie Ranier, Chief Financial Officer at BSM, stated that the school has looked at various non-reflecting glass, but at this time, they feel that tinting the glass is enough to address the neighbor's concerns about birds. She stated that they did a study and believe the lighting impact will be negligible around the grounds and to neighbors. She continued that the school would like to keep the tinting that is proposed. City Council Meeting -12- May 1, 2017 Councilmember Sanger stated this will be up to the school, but also noted there are residents who would like to also address this topic and asked if they can communicate with the school. Liz Shapiro, 2500 Princeton Ct., stated she supports BSM. She chose to live in this area because of the wetlands; however, lighting has become an issue over the years. They appreciate the change of lighting that the school is proposing. She showed the council photos of the lighting problem near and around their home. Ms. Shapiro also noted the issue with the tinted windows, stating that the lights reflected in the windows and back to the neighborhood, which can have a negative impact on the ecosystem. She stated that bird safe glass can be modified so internal light does not spill out and asked that a glass product be used which is not detrimental to birds. She presented support letters to the council from neighbors who live in the wetland area. She read an email from a professor who conducted a study related to glass and birds and presented that to council for the record, as well. She added that she has shared this information with BSM directly. Linda Goldberg, Executive Director of Beth El Synagogue, stated the synagogue has enjoyed a close relationship with BSM over the years. They have joint gardens and shared parking lots, among other things. She added that Beth El supports BSM in this project, noting they are great neighbors and friends. Greg Kubera, 2524 Princeton Ct., stated he has lived in the wetland area adjacent to BSM for 14 years. While he loves the school, he is looking for a win-win here. He noted he has seen a decline in the waterfowl over the years and is concerned about the lighting in the wetlands, as well. Mayor Spano stated the council toured a nature center last fall in the north metro and asked them about their tinted glass as it relates to birds. He stated their staff said if the glass is tilted at the top, birds see the reflection of the ground, and they don't fly into it. He suggested that the angle of the glass might be another option for BSM to consider. Mayor Spano asked Ms. Rainier if BSM would please work with the neighbors on this issue. Ms. Rainier stated they would. Councilmember Sanger stated that the school has agreed the cross will not be backlit and has also agreed to the tinted glass. She asked the City Attorney if the council has authority to require that the glass installed prevents bird strikes. Mr. Mattick stated at this time the city does not have any regulations that require glass to be treated, and requiring it in this one site and this one portion of the building would present issues. Also, the city does not have proven knowledge that the tinted glass works in deterring birds, so it cannot be required. Councilmember Sanger then asked what could be accomplished if the council were to delay its approval on this. Councilmember Mavity asked if council delays this approval, if there is any way to address this issue with requirements. Mr. Morrison stated BSM can do further review; however, timing is an issue because construction must be completed by the time school starts in the fall. Mr. Harmening added he does not see how council can require the school to install special glass to repel birds. He added this is a path the city has not gone down before. He noted that BSM meets all of the city's code requirements of lighting and lighting spill City Council Meeting -13- May 1, 2017 over. He added that staff can work with them and talk about possibilities, but added he i cannot see delaying this. He further stated the city does not have the regulatory authority and it serves no purpose. Councilmember Sanger encouraged BSM to work with the neighbors on this issue. Councilmember Brausen added he would like to see a future study session on this and the lighting issue, as well. It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to adopt Resolution No. I7-083, authorizing a Major Amendment to the Special Permit to allow a building expansion at Benilde-St. Margaret's (BSM) school with conditions recommended by staff. The motion passed 6-0. (Councilmember Lindberg absent) 9. Communications Mr. Harmening stated this Sunday, May 7, the city is conducting its 2017 home remodeling tours from 12 noon to 4 p.m. More information can be found on the city website. Mayor Spano noted an article in AN Post regarding SWLRT, and stated it is not correct or accurate. He added there are still many processes and hurdles to go through on this issue. 10. Adjournment The meeting adjourned at 11:15 p.m.