HomeMy WebLinkAboutCC MINUTES 021020151
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 10, 2015
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Jenson, and Stille.
Absent: None.
Also Present: City Manager Mark Casey, City Attorney Jay Lindgren (Dorsey & Whitney), City
Planner Kelsey Johnson (WSB & Associates), and City Engineer Todd Hubmer
(WSB & Associates).
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
APPROVAL OF THE FEBRUARY 10, 2015, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of February 10, 2015.
Motion carried 4-0.
I. PROCLAMATIONS AND RECOGNITIONS - NONE.
II. CONSENT AGENDA.
A. Consider January 27, 2015, City Council meeting minutes;
B. Consider licenses and permits;
C. Consider payment of claims; and
D. Consider Resolution 15-014; a Resolution Approving the 2015 Contract with Greater
Metropolitan Housing CoMoration (GMHCI.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
III. PUBLIC HEARING - NONE.
IV. REPORTS FROM COMMISSION AND STAFF.
Motion carried 4-0.
City Council Regular Meeting Minutes
February 10, 2015
Page 2
A. Resolution 15-015; a Resolution Approving a Conditional Use Permit (CUP) to Allow a
Restaurant to be Located less than 250 feet from a Residentially Zoned District and a
Variance from the Minimum Required Parking Stalls on the property located at 2510
Kenzie Terrace. Kelsey Johnson, City Planner (WSB & Associates), presenting.
6 City Planner Johnson provided historical background regarding the CUP request and variance
7 request and stated the City Council sent this item back to the Planning Commission for further
8 review and requested feedback related to the hours of operation as well as additional screening to
9 mitigate glare. She stated that the proposed hours of operation are 11:00 a.m.-11:00 p.m. Sunday
10 through Thursday and 11:00 a.m.-1:00 a.m. Friday and Saturday with the dine -in portion of the
11 restaurant closed at 10:00 p.m. every night. She stated that all delivery vehicles must park on the
12 north side of the building after 10:00 p.m. in order to minimize headlight glare onto the
13 residential area to the south. She advised the Planning Commission recommended extended
14 hours of operation until 1:00 a.m. for delivery or takeout orders on holidays or the eve of
15 holidays that occur Sunday through Thursday, however, the applicant did not have an interest in
16 extended hours on holidays and did not seek approval for the extended hours. She presented
17 several photographs of the site and explained that the Planning Commission recommended
18 requiring the applicant to add additional screening to mitigate any glare from headlights. She
19 pointed out that any additional screening would need to be reviewed to ensure compliance with
20 the City's vision triangle standards for pedestrian and traffic safety, adding that the screening
21 would be reviewed as part of any landscaping plan submitted by the applicant. She advised that
22 the Planning Commission recommended that the screening consist of coniferous shrubs at least
23 3' in height in order to screen as much as possible.
24
25 Mr. Joel Janssen stated his agreement with everything that the Planning Commission has brought
26 forth.
27
28 Councilmember Gray requested confirmation from Mr. Janssen that it was not his intent to ask
29 for a liquor license.
30
31 Mr. Janssen replied it was not his intent to ask for a liquor license at this time.
32
33 Councilmember Gray requested confirmation from Mr. Janssen that he does not have a plan in
34 the future to ask for a liquor license.
35
36 Mr. Janssen replied he was not going to close the avenue for a liquor license in the future.
37
38 Councilmember Gray wished to remind Mr. Janssen that the likelihood of getting a liquor license
39 at this location was not great.
40
41 Mr. Janssen stated he was not interested in getting a liquor license and was well aware it would
42 be difficult to get a liquor license.
43
44 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 15-
45 015; a Resolution Approving a Conditional Use Permit to Allow a Restaurant to be Located less
46 than 250 feet from a Residentially Zoned District and a Variance from the Minimum Required
47 Parking Stalls on the Property located at 2510 Kenzie Terrace.
48
City Council Regular Meeting Minutes
February 10, 2015
Page 3
Motion carried 4-0.
B. Resolution 15-016: a Resolution ADDrovine the Planned Unit Development Aereement
and the Planned Unit Development Ordinance Related to the Property located at 3055
Old Highway iway 8 (PID 0602923410140 and PID 0602923410139) in Saint Anthony
Village, Hennepin County, Minnesota. Jay Lindgren,City Attorney (Dorsey &
Whitney), presenting.
9 City Attorney Lindgren explained that this action represents the final step in resolving a matter
10 that began in February 2012 for the property at 3055 Old Highway 8. He stated that in early
11 2012, the City received an application from Abu-Huraira Islamic Center to utilize a portion of
12 the building at 3055 Old Highway 8 for a place of religious assembly. He stated the City
13 Council believed that a question existed whether this use was consistent with LI zoning and took
14 the allowable action to impose a moratorium and conduct a study after which time the City
15 Council took action to expand the places in the City where religious assembly was allowed but
16 restricted that use within the LI zoning district, adding this action was done as a specific land use
17 decision. He stated the City's action led to two separate legal actions, one by the United States
18 Department of Justice under the Religious Land Use and Institutionalized Persons Act and a
19 separate action by the Abu-Huraira Islamic Center. He stated on December 11, 2014, a
20 Settlement Conference was held and a settlement was reached by all of the parties and the City
21 Council approved the Settlement Agreement on December 23, 2014. He advised that Resolution
22 15-016 approves the PUD, which has been negotiated and agreed to with representatives of the
23 property owner. He stated if the City Council takes action consistent with the Settlement
24 Agreement and adopts the Resolution, he was confident the City would have a document in place
25 that fully releases the actions by the United States Department of Justice and settles out the
26 private lawsuit as well.
27
28 Councilmember Stille asked about the mechanism used for release of the civil lawsuit.
29
30 City Attorney Lindgren advised that the City, through its insurance carrier, is represented by
31 another attorney and that attorney will make a report to the Court and the Federal Magistrate will
32 issue a final Order indicating all terms of the Settlement Agreement have been released. He
33 added that all parties signed a document stating if the City Council takes the actions before it this
34 evening, that they will settle this lawsuit and they would be in breach of a contract if they did not
35 release the lawsuit.
36
37 City Planner Johnson explained that the creation of a PUD overlay district as outlined in the
38 Ordinance includes four permitted uses in addition to the underlying uses, including Religious
39 Assembly at times chosen by the Property Owner to include without limitation prayer services,
40 religious education, weddings and other religious ceremonies and observances limited to the
41 lower level, which is 11,655 square feet, and a limited portion of the main level, which is 1,286
42 square feet, for a total of 12,941 square feet of the approximately 105,000 square foot building.
43 She stated other permitted uses include adult day care, clinics for medical, dental, and behavioral
44 health, and all other uses permitted in the LI District. She stated that on January 19, 2015, the
45 City received notice from the applicant requesting removal of one of the conditions as part of the
46 Settlement Agreement, i.e., removal of "wellness facility for exercise and corporate fitness center
47 for building tenants" and the applicant requested that this use not be included as part of the
48 permitted uses in the Ordinance. She recited the current permitted uses in the LI District as well
City Council Regular Meeting Minutes
February 10, 2015
Page 4
1 as permitted conditional uses in the LI District. She advised that when preparing the PUD, the
2 City took into account a resubmittal of the original application submitted on February 14, 2012,
3 which provided the location of the proposed Religious Assembly in the southernmost portion of
4 the building, adding that as part of the original submittal in 2012, an exhibit was submitted by
5 the applicant and was used by City staff to analyze the parking requirements and this exhibit is
6 attached to the PUD Ordinance. She stated that no exterior expansions or modifications are
7 proposed and there may be interior modifications required to meet the City's building and fire
8 codes. She stated the 2012 submittal indicated four staff persons would be associated with the
9 Religious Assembly use. She explained the parking requirements and stated the maximum
10 seating capacity for the Religious Assembly space is 261 persons and this warrants 105 parking
11 spaces, plus the four staff persons, for a total of 109 spaces. She stated that on May 15, 2012, the
12 Planning Commission inquired about additional lounge spaces and a separate calculation was
13 completed by the Fire Marshal that determined an additional 56 spaces would be needed, for a
14 total of 165 spaces required for the Religious Assembly use. She noted there is an existing day
15 care on the property and the 2009 CUP required 12 spaces separately allocated for that use. She
16 explained the parking calculation for the remainder of the building that results in an additional 89
17 spaces based on the uses proposed, resulting in 266 total parking spaces required and there are
18 283 spaces on site. She pointed out that the proposed Ordinance requires the applicant to
19 provide a parking study to determine if additional parking is needed, adding that the current
20 spaces are striped larger than the City Code requires so if additional parking is required, the lot
21 could be restriped adding another 20 spaces for a total of 303 spaces. She advised there is
22 enough parking if both lots are combined and approval of a lot combination would secure
23 adequate parking for the building. She stated that the PUD also states that any change in
24 occupancy or future uses of the building must be reviewed by the City Manager to ensure
25 adequate parking is available on site and to make sure the site can accommodate all parking. She
26 noted that this requirement is typical for all new businesses in St. Anthony and allows the City to
27 analyze the parking from a zoning perspective. She stated the parking study must be submitted
28 and reviewed by the City Engineer to ensure adequate parking is available; in addition, the PUD
29 requires that only vehicles accessory to the permitted uses be allowed to park within the parking
30 lot. She stated that no sign plan has been submitted as part of the application, however, all signs
31 must conform to Ch. 155 and a sign permit is required. She advised that Sec. 152.209 provides
32 the procedure for processing a PUD and Sec. 152.203 permits the City Council to allow uses that
33 are not listed in zoning districts, thus creating its own zoning district within the PUD document.
34 She pointed out this action results in a rezoning of the property from LI to PUD Overlay with LI
35 Underlay and approves the Preliminary and Final PUD plans and site plans.
36
37 Mr. Timothy Keane, special counsel to Abu-Huraira Islamic Center, approached the City
38 Council and explained that his representation is limited to this matter with the City. He stated
39 that the City Attorney and City staff have fairly presented the understandings that have brought
40 them to the City Council for final approval. He respectfully requested one minor change and
41 explained that since the time of their original application and the Settlement Agreement and
42 confirmation of use, they have had architects and engineers in the building figuring out the use of
43 the space and the architects and engineers have determined that the lower level of the building is
44 poorly suited for any significant assembly space because the ventilation, piping, mechanical, and
45 heating are ill equipped and Abu-Huraira Islamic Center is looking elsewhere in the building.
46 He stated Abu-Huraira Islamic Center is not requesting an enlargement of the space, adding they
47 understand the agreed upon 12,941 square feet which is adequate for their assembly
48 requirements, but they are asking for flexibility to approve at the City staff level, rather than
City Council Regular Meeting Minutes
February 10, 2015
Page 5
coming back with a formal amendment on the PUD, if the design professionals determine that
the Religious Assembly space should be located elsewhere in the building. He stated currently
any PUD ordinance request of that nature would come back for full processing of a PUD
amendment for interior realignment of space within the building and they think it can be
accomplished by review of the City's design review committee.
7 Mayor Faust stated the City has been working on this for three years and was disappointed to
8 learn of this request at the I I'h hour. He stated that he advocated for a Settlement Agreement
9 that everyone was a part of and that Settlement Agreement is specific and he was not inclined at
10 this time, because of poor decision making, to change that Settlement Agreement. He requested
11 the City Attorney's opinion regarding the applicant's request.
12
13 City Attorney Lindgren stated that what is before the City Council this evening is approval of the
14 PUD as well as the settlement of two lawsuits. He stated there is a binding agreement that states
15 if the City Council approves in the form of a PUD what was contained in the 2012 CUP
16 application, plus allows the additional uses of an adult day care and medical -related clinics, then
17 both the Federal Government and the applicant will release all claims related to that lawsuit. He
18 advised that the City Council's obligation, as provided in conversations with the Federal
19 Magistrate and voted on December 23, 2014, is to approve the 2012 CUP application that
20 included a total of 12,941 square feet, 11,655 square feet of which is located on the lower level.
21 He stated the PUD Ordinance that went through the Planning Commission process includes the
22 diagram submitted in 2012 showing the specific location of Religious Assembly within the lower
23 level and the PUD Ordinance would allow that use to be shifted within the lower level with City
24 staff approval and without a PUD amendment, however, as Mr. Keane has stated, if that 11,655
25 square foot space is requested to move off the lower level it would require processing of a PUD
26 amendment which requires a public hearing.
27
28 Mayor Faust stated the City Council can adopt the Resolution and execute the PUD in
29 accordance with the Settlement Agreement approved by all parties on December 11, 2014, and
30 he was not inclined to do anything other than what he advocated for with the United States
31 Department of Justice and the attorneys representing Abu-Huraira Islamic Center.
32
33 Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Resolution 15-
34 016; a Resolution Approving the Planned Unit Development Agreement and the Planned Unit
35 Development Ordinance Related to the Property located at 3055 Old Highway 8 (PID
36 0602923410140 and PID 0602923410139) in Saint Anthony Village, Hennepin County,
37 Minnesota.
38
39 Motion carried 4-0.
40
41 C. Ordinance 2015-01: an Ordinance Creating the 2015-01 PUD — Planned Unit
42 Development Overlay Zoning District Associated with the Property located at 3055 Old
43 Highway 8 (PID 0602923410140 and PID 0602923410139). Kelsey Johnson, City
44 Planner (WSB & Associates), presenting.
45
46 Motion by Mayor Faust, seconded by Councilmember Gray, to adopt Ordinance 2015-01; an
47 Ordinance Creating the 2015-01 PUD — Planned Unit Development Overlay Zoning District
City Council Regular Meeting Minutes
February 10, 2015
Page 6
0
6 V.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Associated with the Property located at 3055 Old Highway 8 (PID 0602923410140 and PID
0602923410139).
Motion carried 4-0.
GENERAL BUSINESS OF COUNCIL.
A. Resolution 15-017; a Resolution approving a Lot Combination of Two Separate Parcels
(PID 0602923410140 and PID 0602923410139) into One Parcel Pursuant to § 151.08 of
the City Code. Mark Casey, City Manager, presenting.
Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 15-
017; a Resolution approving a Lot Combination of Two Separate Parcels (PID 0602923410140
and PID 0602923410139) into One Parcel Pursuant to §151.08 of the City Code.
Motion carried 4-0.
B. Resolution 15-018; a Resolution calling a Hearing for the 2015 Street and Utility
Improvements. Todd Hubmer, City Engineer (WSB & Associates), presenting.
City Engineer Hubmer explained the 2015 street and utility improvement project includes 36`h
Avenue from Silver Lake Road to Highcrest Road, Chelmsford Road from 36`h to 37`h Avenues,
alley improvements south of 29u' Avenue between Coolidge Street and Silver Lake Road,
backyard drainage improvements on Belden Drive, the LED crosswalk at the intersection of 27`h
Avenue and Kenzie Terrace, and mill and overlay of St. Anthony Boulevard west of the
Diagonal Trail to the City limits near 35W. He stated the estimated cost for the project is $2.24
million with six bids received and the low bid of $2,299,956.95 from Latour Construction. He
advised that staff met last week with the homeowners regarding the alley and back yard drainage
improvements and notified the homeowners that the City bid alternatives and staff is
recommending a concrete "T" with mill and overlay and the neighborhood concurred this is the
best option. He stated the total project cost is approximately $2.8 million and the assessable
portion is approximately $620,000. He stated that construction is anticipated to begin in April or
May with substantial completion in October 2015 and final paving in June 2016.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to adopt Resolution 15-
018; a Resolution Calling a Hearing for the 2015 Street and Utility Improvements.
Motion carried 4-0.
C. Resolution 15-019; a Resolution Declaring the Costs to be Assessed and Ordering
Preparation of the Proposed Assessments for the 2015 Street and Utility provement
Project. Todd Hubmer, City En ig neer (WSB & Associates), presenting.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Resolution 15-
019; a Resolution Declaring the Costs to be Assessed and Ordering Preparation of the Proposed
Assessments for the 2015 Street and Utility Improvements.
Motion carried 4-0.
City Council Regular Meeting Minutes
February 10, 2015
Page 7
D. Resolution 15-020; a Resolution calling a Hearing on the Proposed Assessments for the
2015 Street and Utility Improvements. Todd Hubmer, City Engineer (WSB &
Associates), presenting.
Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 15-
020; a Resolution Calling a Hearing on the Proposed Assessments for the 2015 Street and Utility
Improvements.
10 Motion carried 4-0.
12 City Engineer Hubmer invited residents to attend an open house on Tuesday, February 171', in
13 the Council Chambers regarding the Highway Safety Improvement Project. He stated this
14 project affects most signalized intersections in the City and includes improved handicapped
15 access to comply with the requirements of the ADA along with sidewalk improvements.
16
17 E. Saint Anthony Administration Annual Report. Mark Casey, City Manager. presenting.
18
19 City Manager Casey presented the 2014 Administration Annual Report and reviewed several of
20 the City's special guests and community presentations received during 2014. He reviewed
21 several of the actions taken by the City Council during 2014, including adoption of the Strategic
22 Plan and stated the City Council participated in long term capital planning to 2031. He advised
23 that the City introduced Project Information Sheets in 2014 that contain a description, project
24 need, cost, location, and funding partners of various projects throughout the City and these
25 Project Information Sheets are available on the website or at City Hall. He stated that the 2014
26 Primary Election turnout was 14% and the 2014 General Election turnout was 51 %. He stated
27 that the City held its annual cleanup day on May 3, 2014, continued collecting holiday lights for
28 recycling, and held a new electronic recycling event that was free to residents. He discussed the
29 City's organized collection initiative that culminated in a five-year contract effective April 1,
30 2015. He stated the City is fortunate to work with a number of organizations, including the
31 Aging in Place program that served 25 homes in 2014. He stated the City also works with the
32 Greater Metropolitan Housing Corporation to provide home improvement loans and since 2003,
33 17 loans with a City investment of $140,000 have been provided and 91 grants have been
34 processed for a total homeowner investment of $825,000. He stated the City received a Safe
35 Routes to Schools grant and also received a Highway Safety Improvement grant in the amount of
36 $770,000. He stated the City installed a municipal owned fiber local area network and
37 implemented enhanced web -based GIS as well as centralized document storage. He stated City
38 staff worked with Big River Consulting on a variety of topics including succession planning,
39 employee engagement, talent development, and motivation. He stated the City has continued its
40 relationship with Greater MSP and partnered with Open to Business, a free service offered to
41 current and prospective entrepreneurs. He reviewed development in the City and stated the City
42 welcomed seven new businesses during 2014. He stated there were 288 building permits issued
43 in 2014, 288 electrical permits and 158 mechanical permits were issued, and 35 public safety
44 permits were issued, and the City conducted 588 inspections. He stated that all of the annual
45 reports will be available on the City's website and at City Hall.
46
47 Mayor Faust commended Mr. Casey and the City staff for all their efforts and stated that a lot of
48 work was done during 2014 and they all did a great job.
City Council Regular Meeting Minutes
February 10, 2015
Page 8
2 VI.
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Casey stated the City would be mailing a FAQ document to residents about
organized collection. He indicated a second mailing will be going out in another month and
encouraged residents to call City Hall if they have any questions.
Councilmember Stille reported on his attendance at the Family Services Collaborative meeting
and presented a flyer about free tax preparation services available at various libraries throughout
Hennepin County.
Councilmember Gray reported on his attendance at the February 5h North Suburban
Communications Commission meeting.
Councilmember Jenson reported on his attendance at the February 5`h Community Center
Advisory Committee meeting.
Mayor Faust reported on his attendance at the February 4`h work session. He also reported on his
attendance at the February 9`h Regional Council of Mayors meeting.
0A i 9[I]FUM P
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda.
VIII. INFORMATION AND ANNOUNCEMENTS - NONE.
28 IX. ADJOURNMENT.
29
30 Mayor Faust adjourned the meeting at 8:23 p.m.
31
32 Respectfully submitted,
33 Barbara Hughes (TimeSaver Off Site Secretarial, Inc.)
34
35
36 ATTEST: Q�
37 City Clerk
"1
Mayor