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HomeMy WebLinkAbout2003/10/07 - ADMIN - Minutes - City Council - Regular CITY OF ST. LOUIS OFFICIAL MINUTES PARK CITY COUNCIL MEETING October 7,2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Community Development Director(Mr. Harmening); Planning and Zoning Supervisor(Ms. Jeremiah); Planning Consultant(Mr. Ingraham); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of September 15,2003 The minutes were approved with the following change: From Councilmember Sanger: Page 4, paragraph 1, line 4, the minutes should read: from 2" to 3". 3b. City Council Study Session minutes of September 22,2003 The minutes were approved with the following change: From Councilmember Sanger: Page 2, following paragraph 5, add: However, there was general consensus not to allow anything over six feet of height within three feet of the property line. 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 Motion to approve Second Reading of proposed Ordinance Code text amendments related to Snow Removal Parking Restrictions, adopt Ordinance No. 2251-03, approve summary, authorize publication, and rescind Resolutions 97-115 and 97-116 and adopt their replacements. (This item was moved to the Regular Agenda as 8d) 4b Motion to adopt Resolution 03-140 appointing election judges for the Municipal and School Board General Election to be held November 4, 2003 4c Motion to adopt Resolution 03-141 approving a minor amendment to the Planned Unit Development for the construction of an interim parking lot in an open area south of the medical building at 3900 Park Nicollet Blvd., subject to conditions in the resolution 4d Motion to Approve Standstill Agreements Regarding Renewal Process and Use of MCN Channel 6 4e Motion to adopt Resolution No. 03-142-authorizing the installation of stop signs at Brunswick Avenue & W. 41St Street and Alabama Avenue & W. 42"d Street City Council Minutes - 2 - October 7, 2003 4f Motion to approve Resolution No. 03-143 adopting revised procedures for city Boards & Commissions 4g Motion to approve Resolution 03-144 for final payment to Hardrives, Inc. for completion of Phase II work on Excelsior Blvd. 4h Motion to approve Resolution 03-145 for final payment to American Liberty Construction for the completion of the Louisiana Oaks Park building 4i Motion to designate BCG Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$92,966.90 for Park Commons Drive Sidewalk Construction & Lighting Installation—City Project No. 03-11 4j Motion to accept for filing the Board of Zoning Appeals Minutes of August 28, 2003 4k Motion to accept for filing the Planning Commission Minutes of September 3, 2003 41 Motion to accept Vendor Claims for filing (Supplement) 4m Motion to authorize the Mayor and City Manager to amend a contract with WSB and Associates,Inc. to provide professional services for the Lamplighter Pond Flood Improvement Project —City Project No. 00-18 4n Motion to authorize the Mayor and City Manager to execute a third amendment to the amended and restated contract for private redevelopment between the St. Louis Park Economic Development Authority, the City of St. Louis Park, and Meridian Properties Real Estate Development, LLC (TOLD Development Company) relating to the installation of a passive methane venting system in Wolfe Park and/or the adjacent Wolfe Parkway Councilmember Omodt requested Item 4a be moved from the Consent Agenda to the Regular Agenda as Item 8d. It was moved by Councilmember Omodt, seconded by Councilmember Vella to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed.7-0. 5. Boards and Commissions: None 6. Public Hearings: 'None 7. Requests,Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. The request of Minnehaha Creek Watershed District for a Conditional Use Permit for the excavation of approximately 1,200 cubic yards of sediment from Twin Lakes Park Pond at 4750 26th St.'W. Case No. 03-48-CUP 4750 26th St. W. Resolution No. 03-136 Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. Ms. Jeremiah stated that Staff is recommending the CUP also cover future maintenance activities,provided they are in conformance with the conditions of the CUP and with certain notice requirements. City Council Minutes - 3 - October 7, 2003 Councilmember Sanger asked why the sediment dredging would be required so often. Jim Hafner, Project Manager for the Minnehaha Creek Watershed District("MCWD"), said the frequency of dredging depends on the surrounding drainage area and there appears to be a lot of sediment build up within the storm sewer pipes that drain to this area. Mr. Hafner is not sure how often dredging would have to be done. Mr. Hafner said a restriction on the hours of operation would not be a problem. Mr. Hafner stated that the MCWD will work with their contractor to ensure daily clean up of the streets. Councilmember Sanger said she would like to change Condition 3 to state that the hours of operation shall be between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday; and the remainder of Condition 3 may be deleted. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-136 approving the Conditional Use Permit for the excavation of sediment from Twin Lakes subject to conditions included in the resolution, and the hours of operation shall be from 7.00 a.m - 5.00 p m., Monday through Friday The motion passed 7-0 8b. The request of City of St. Louis Park for a Major Amendment to an existing Special Permit for the excavation of approximately 2500 cubic yards of soil for the creation of a dry pond within the townhome property located at 5920 26th St. W. Case No. 03-51- CUP 5920 26th St. W. Resolution No. 03-137 Ms. Jeremiah presented a Staff report. Ms. Jeremiah said Staff has indicated the need to replace 21 trees in order to meet the tree replacement requirement, and a new landscape plan will be submitted prior to the start of work. Councilmember Sanger inquired if the residents for the affected properties are responsible for the costs associated with this project, and Ms. Jeremiah said no, they are not responsible. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-137 approving the Conditional Use Permit for the excavation of soil at the townhome property located at 5920 26th St. W subject to conditions included in the resolution. The motion passed 7-0. 8c. Request by Silver Crest Properties for an amendment to the City's Comprehensive Plan and Preliminary Planned Unit Development approval for a residential senior housing development. Case Nos. 03-37-CP and 03-38-PUD 3601,3633 and 3663 Park Center Boulevard. Resolution No.'s 03-138 and 03-139 Community Development Director Tom Harmening introduced Greg Ingraham, Planning Consultant. City Manager Charlie Meyer said Mr. Ingraham has been asked to help in the Public Works Department, he will do some of the work Carlton Moore had been doing. Mr. Ingraham presented a report regarding the request of SilverCrest Properties. He said the Applicant is proposing a 14-story senior high rise. Mr. Ingraham said a shading analysis complies with the City Code, however, the Applicant's proposed building would not comply with the shading City Council Minutes -4 - October 7, 2003 ordinance in regard to the property directly across the street,that is, King Controls, 5100 West 36th Street. Mr. Ingraham reported that the Applicant has made an application to amend a provision of the solar shading ordinance. Given the concern for adequate parking, Councilmember Basill asked if there is a commitment that the building will remain as a senior housing building, and Mr. Ingraham said no. Councilmember Sanger inquired about proof of parking, and Mr. Ingraham said the Applicant can address that. Councilmember Omodt commented that the elevation drawing appears not to be to scale; and Councilmember Basill agreed. Councilmember Basill wants to be sure the building does not shade the skate park, especially the grassy area where people picnic and sun themselves. Mr. Ingraham said there would be shading but relatively late in the afternoon. Peter Pfister, Pfister and Associates, is the project architect, and he presented visuals depicting shading. Mr. Pfister anticipates shading would begin at about 3:00-4:00 p.m. around June 21st on the hillside area. Mike Gould, SilverCrest Properties, said the covenants will run with the land and it will always be a senior facility, and the average age of residents in the facility will be 70 years of age when it opens. Mr. Gould believes the parking to be adequate, and there will be alternative parking options'for residents. Mr. Gould stated not only will a covenant run with the land on every deed or mortgage passed to a resident owner but it will state the minimum age to be 55 or older to occupy the building. Ms. Jeremiah said a condition shall be stated in the resolution that would require the City Attorney to review the association documents at Final PUD to ensure that the covenants discussed would be included—that will be added to the resolution. Councilmember Basill favors the project because more senior housing is needed in St. Louis Park, however, he is concerned because the maximum density is a little over, the floor area ration is a bit over, the height is a bit over, and there are parking, setback and shading issues. He asked: At what height could this building be at and still be financially feasible to build and market? Mr. Gould said he cannot provide a precise answer tonight. Councilmember Basill noted that with each floor that is dropped, we come into greater compliance. Councilmember Omodt shares the same concerns as Councilmember Basill. Councilmember Omodt is concerned about shading on King Controls, and he does not favor changing the Comprehensive Plan to accommodate shading. Councilmember Sanger would prefer a variance type approach of a PUD modification rather than make an ordinance change. Councilmember Brimeyer agrees, and he said perhaps the Council should review the shading ordinance as a separate discussion from this issue. In regard to density, Councilmember Brimeyer reminded the Council that this is what was agreed to some time ago. Councilmember Brimeyer is concerned about inadequate parking and proof of parking may be a solution. One condition to consider, he said, would be that if parking within the perimeter of this build became problematic,proof of parking would kick in and the other two City Council Minutes - 5 - October 7, 2003 facilities would be available for parking. Councilmember Brimeyer said, do remember that the end result of this project would be owner-occupied senior housing, which would allow some single- family homes to become available for families, and families with children, which has been the Council's and the City's goal. For Councilmember Brimeyer, the shading is a non-issue. Councilmember Basill said he is most concerned about height. Ms. Jeremiah said there already is joint parking and access agreements between all three of the properties. It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to adopt Resolution No. 03-138 approving amendments to the City's Comprehensive Plan subject to Met Council approval Councilmember Santa said she wants it stated in the resolution that the City Attorney will review the association documents, and Ms. Jeremiah said that would be in the PUD. Councilmember Basill wants the proof of parking to be included. He asked if the resolution could be passed but defer the final height to the Final PUD. Ms. Jeremiah said the Comprehensive Plan amendment actually speaks to allowing the 14 stories. Councilmember Brimeyer said he is comfortable with that. It was moved by Councilmember Basill to make an amendment to the motion to amend the Comprehensive Plan, to hold the height of this project open—he would like to defer the Comprehensive Plan amendment at this time. City Attorney Tom Scott said this sounds like a motion to table or postpone it to a date certain in the future. Ms. Jeremiah suggested stating that"height is subject to PUD approval"and, therefore, defer to PUD. An alternative, said Ms. Jeremiah, would be to remove any reference to number of stories or height and feet and just say "height is subject to PUD approval." It was moved by Councilmember Basill to make an amendment to Councilmember Brimeyer's motion that the height is subject to PUD approval. Councilmember Omodt seconded the motion. Mayor Jacobs said he is treating Councilmember Basill's amendment as a friendly amendment. Mr. Scott said it is not a friendly amendment, it is a new motion to amend the main motion, therefore, a vote is in order for Councilmember Basill's amendment, which would require a simple majority of four. Councilmember Basill said the sole purpose of his amendment is to keep the height in discussion going forward, i.e., to keep it open until more is known. Mr. Meyer asked if the City can reasonably expect the developer to leave this evening's meeting with any understanding whatsoever of what their project is? Mr. Meyer said if the City is unable to provide that guidance then,perhaps, the City is not ready to adopt preliminary approval. Mr. Gould said SilverCrest will have to gather information to determine what various numbers of stories will or will not work for them. City Council Minutes - 6 - October 7,2003 Mayor Jacobs said he is comfortable with 14 stories. Councilmember Brimeyer does not support Councilmember Basill's amendment—as it is only off by three or four feet. Councilmember Sanger wants a clear Comprehensive Plan amendment. Councilmember Velick is in agreement with Councilmembers Brimeyer and Sanger, and said the difference between 13 and 14 stories is not significant. As stated earlier, It was moved by Councilmember Basill to make an amendment to Councilmember Brimeyer's motion that the height is subject to PUD approval. Councilmember Omodt seconded the motion. The motion failed 2-5. (Councilmembers Brimeyer, Sanger, Santa, Velick, and Mayor Jacobs opposed). It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to adopt Resolution No. 03-138 approving amendments to the City's Comprehensive Plan subject to Met Council approval. The motion passed 5-2. (Councilmembers Basill and Omodt opposed). It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-139 approving the Preliminary Planned Unit Development, subject to the conditions included in the resolution; and to include the discussion of the proof of parking issue,further evaluation of the parking, all covenants and agreements and so forth proposed be reviewed by our legal staff. The motion passed 5-2. (Councilmembers Basill and Omodt opposed) 8d. Motion to approve Second Reading of proposed Ordinance Code text amendments related to Snow Removal Parking Restrictions, adopt the ordinance, approve summary, authorize publication,and rescind Resolutions 97-115 and 97-116 and adopt their replacements. Ordinance No. 2251-03 Councilmember Omodt said he understood the fees associated with this ordinance would return to the Council as a separate motion with all fees for the year. He said Council discussed the possibility of not having a fee of$100 for extra parking permits. He thinks $100 is excessive, and he would like to make a motion. It was moved by Councilmember Omodt, Page 10, Therefore, Be It Resolved, Item 2, that this winter season the fee shall be $25, not$100. Major Jacobs asked for a second to the motion; and he,too,thought the fee structure would be dealt with separately. Mr. Meyer said it is his understanding that the fee being proposed here is for 2003 because none exists for 2003, and the Council will look at a fee resolution for 2004, which has been proposed to City Council Minutes - 7 - October 7, 2003 come back to Council; the 2003 fee is in place until December 31, 2003. Mr. Meyer said Council will probably consider a fee resolution for 2004 at the next Council meeting. Councilmember Sanger wonders if there is a need to vote on the fee issue tonight. She said more information is needed on the fee structure. Councilmember Sanger would like a Staff report for the next Council meeting. Mr. Meyer commented that if one were to get a parking permit now through December 31, 2003, it would be for the season. Councilmember Brimeyer seconded Councilmember Omodt's motion Teresa Hoglund, 6619 West 16th Street, spoke previously about parking permits. Ms. Hoglund said she would like to reiterate that she has five adults living in her home. She can get only one car in her garage, and during bad weather no other cars are able to park in her driveway due to it being at an angle. Ms. Hoglund cannot afford to pay money for extra permits. She said$25 is reasonable, $50 is pushing it, and $100 is way too much to ask. Ms. Hoglund prefers an odd-even parking ban. Mayor Jacobs said he believed the motion on the table is to approve the ordinance but set the fee at $25. Councilmember Sanger commented that, for the long term, she would favor an odd-even parking ban. Couricilmember Brimeyer said he would like to make a motion to table just this resolution until Council has a chance to look at the fee structure. It was moved by Councilmember Brimeyer to approve Second Reading of proposed Ordinance Code text amendments related to Snow Removal Parking Restrictions, adopt Ordinance No. 2251-03, approve summary, authorize publication, and delay further action on Resolutions 97-115 and 97- 116 Councilmember Basill said there was a motion and a second by Councilmember Omodt; and Councilmember Basill asked: If we make that motion, doesn't he have to retract that first motion? Councilmember Omodt said that the intent of his original motion was to amend the fee but he was fine with Councilmember Brimeyer's motion as stated. Councilmember Omodt's recollection of a previous discussion was that this would definitely come back to Council as a separate action. He wants to make sure it does. Councilmember Omodt said he doesn't know if he entirely agrees with Councilmember Sanger about this being the kind of thing to prohibit convenience parking. Councilmember Omodt said the fee should be relative to the cost of issuing it,the cost of servicing it. Councilmember Sanger said there is a cost to the City, which is to go back to plow around cars that are parked on the street. Councilmember Brimeyer clarified that his motion adopts everything everything from the main motion but delays action on the resolution dealing with Section 30-158 of the City Code,that is the fee section. Councilmember Omodt seconded Councilmember Brimeyer's motion. City Council Minutes - 8 - October 7, 2003 The motion passed 7-0. 9. Communications Mayor Jacobs announced the groundbreaking for the skate park, which took place today. Mr. Harmening announced the Excelsior& Grand project was recognized in Twin Cities Business Monthly as the Best of Business 200 for a suburban project, and also recognized by the Minnesota chapter of the American Planning Association. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:33 p. • ity Clerk May e r