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HomeMy WebLinkAbout2005/05/16 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES lifST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA May 16, 2005 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, and Sally Velick Staff present: City Manager(Mr. Harmening), City Attorney (Mr. Scott), Community Development Director(Mr. Locke), Economic Development Coordinator(Mr. Hunt), Assistant Zoning Administrator(Mr. Mornson), Planning/Zoning Supervisor(Ms. McMonigal), Police Chief(Mr. Luse), Public Works Coordinator(Mr. Merkley), Public Works Director (Mr. Rardin), City Engineer(Mr. Brink), and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of May 2, 2005 The minutes were approved as presented. 3b. Study Session Minutes of April 25, 2005 Councilmember Sanger indicated on page four, first paragraph, insert "Staff was directed to prepare an ordinance to remove cluster homes from R1, R2 and R3 distncts." at the end of the first sentence. After the second sentence, add, ". .to protect properties that might become non conforming." Councilmember Finkelstein noted in the second paragraph on page four, they had other concerns and issues they wanted to deal with besides just the cluster housing For example, issues such as subdividing The minutes were approved as corrected. 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 appropi late section of the regular agenda for discussion 4a Authonze the Mayor and City Manager to sign Hennepin County Cooperative Agreement No. A050832 which outlines use, equipment ownership and connectivity to the countywide 800 MHz system 4b Adopt Resolution No. 05-070 approving a Conditional Use Permit to allow the excavation and fill of over 400 cubic yards of soil at Browndale park (4525 Morningside Ave) subject to conditions included in the resolution. Case No. 05-14 CUP Council Meeting Minutes -2- May 16, 2005 4c Approve Resolution No. 05-071 for a Minor Amendment to the existing Special Permit to allow a 1,100 square foot outdoor dining area for the Holiday Inn Mpls. West located at 9970 Wayzata Blvd Case Nos. 05-21-SPEtc 4d Approve Resolution No. 05-072 for a Minor Amendment to the existing Conditional Use Permit to allow the American Legion to occupy space currently occupied by the VFW at the property located at 5605 36th St W. Case Nos. 05-20-CUP 4e Approve Resolution No. 05-073 terminating a special permit at 6111 Excelsior Boulevard. Case Nos. 05-21-SP 4f. Follow Excess Land Task Force Summary and Preliminary Recommendation to complete technical analysis and research, meet with neighborhoods as appropriate and take actions needed to further evaluate the potential to use the excess land parcels for housing. 4g Adopt Resolution No. 05-074 revising holidays recognized by the city council and revising 2005 meeting dates 4h Authorize the Mayor and City Manager to enter into a contract with Mobius, Inc. for professional services related to revisiting and updating Vision St. Louis Park 4i Bid Tabulation: Reject the bid for the Pedestrian Crossings and Intersection Improvement Projects— City Project No. 1999-0900 and 2005-1300 and recommend Staff to solicit quotes to complete the independent specialty work 4j Enter into an agreement with Copeland Building Corporation in an amount not to exceed $755,000 to replace the park buildings at Browndale and Nelson Parks according to the 2005 CIP 4k Accept vendor claims for filing (supplement) 41 Accept Planning Commission Minutes of April 20, 2005 for filing 4m Accept Parks and Rec Advisory Commission Minutes of March 16, 2005 for filing 4n Accept the Telecommunications Commission Minutes of February 3, 2005 for filing. 4o Accept Housing Authority Minutes of April 13, 2005 Mr. Harmening indicated that staff received a request from the developer for the proposed Meadowbrook Lofts project (8d) on Excelsior Blvd, requesting that action be rescheduled to the June 6th Council meeting. It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve the Agenda, rescheduling item 8d.for the June 6`' Council meeting, and approve items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Motion to reappoint Steve Fillbrandt to the Housing Authority for a term to expire June 30, 2010. It was moved by Councilmember Omodt, seconded by Councilmember Sanger to reappoint Steve Fillbrandt to the Housing Authority for a term to expire June 30, 2010. The motion passed 7-0. 6. Public Hearings - None 7. Requests, Petitions,and Communications from the Public—None Council Meeting Minutes -3- May 16, 2005 8. Resolutions, Ordinances,Motions 8a. Approval of Preliminary Layout for the Excelsior Boulevard Street Improvement Project—Project No. 2004-0400 Resolution No. 05-075 Mr. Rardin introduced those involved with the project including Scott Brink, the new City Engineer. Mr. Merkley presented the staff report. Mr. Nolan, Hennepin County Transportation Department, Project Manager, reviewed the project. The project includes. replacing the center median, adding and modifying right turn lanes, installing new traffic signals, closing several medians along the comdor to mitigate the need for individuals and property owners living in the area to be able to access their homes, installing new left turn lanes, replacing and installing new concrete walks and extending the bituminous trail. Project outcomes include: increased sight lines along the comdor from the removal of on-street parking (five spaces), reduction of conflict points (closure of medians), increase of side street radii and a designated lane for a right-through and left-turn, driveway closures (which helped reduce rear-end accidents), traffic signals replaced at Alabama and Brookside and installation of count down timers at those locations and possibly the hospital entrance signal, replacing the ramp signal at Hwy 100 with the current project, street lighting, pedestrian accommodations (sidewalks, trail connections, traffic signals with countdown timers and pedestrian indication, ramps at all corners, audible indicators, and replacing bus stop shelters), improving capacity of the roadway, adding and lengthening turn lanes, replacing all of the pavement and its sub-grade with bituminous full-depth aggregate, replacing the storm sewer from East end of the project to the creek and from Louisiana to the creek, provide capacity for additional water from Dakota to reach the outfall at the creek (water would be treated), landscaped streetscape, and improved erosion control measure at the creek. Project issues include: access changes (especially median closures at Zarthan), impact to businesses during construction, weekly meetings would be held to discuss issues and parking. Project limits: there are three projects, having the split in projects could create a situation where they have over a year of construction on the first phase and then another year of construction on the second phase. A short-term detour is planned during the project at the CP Rail crossing to upgrade to a concrete crossing. That would be incorporated with the project and CP Rail would like to have a closure of Excelsior Blvd for approximately ten days to complete the work. Mayor Jacobs expressed concern and noted a similar situation on Dakota Av, which was finished in three days. Mr. Nolan indicated during the detail design process they would be working with CP Rail and would see what they could do to get it done faster. Councilmember Sanger asked when they were doing the construction, would it be one lane in each direction? Mr. Nolan replied yes. i Council Meeting Minutes -4-, May 16, 2005 Councilmember Sanger asked where they would reroute traffic dunng construction? Mr Nolan replied they would need to utilize the trunk highway system such as Hwy 7 and would probably go through the neighborhood. Mr. Nolan stated a meeting was held to talk with the neighborhoods about the Zarthan and Dakota Avenue median closures. Concerns indicated regarding the Zarthan crossing included business traffic being rerouted into the neighborhood (which would likely happen), they could also make U-turns or come from a different route; excess traffic on side streets; lack of a sidewalk on 39th Av.; and, children in the neighborhood. A suggestion was made to cul-de-sac Zarthan North of the businesses, which would mean the median could be closed and they would not be able to get to the businesses through the neighborhood. Over a three-year period there were seven accidents at the Zarthan intersection. At Dakota Avenue, residents were concerned about rerouting of traffic onto Brunswick Avenue, and excess traffic on side streets. Another resident mentioned installing a cul-de-sac and the neighborhood was interested. They felt that was not a part of this project and could happen in the future. They agreed that providing a left-turn lane at the hospital was mitigation for closing the median. They had general comments. speed reduction along the corridor(the Comsnr of Transportation sets the speed limits), parking availability in lots and on-street parking in the neighborhoods, vehicles traveling westbound are often confused about the location of the hospital entrance. With the nght turn lane and improvement of the signage that issue may go away. They suggested reducing the width of Dakota Av, but were unsure if it would work. Funding for the project came from State Aid funds. The bridge project included Federal funding, subject to federal requirements. There were currently no special assessments for the roadway work There was a special service district being discussed for the landscape portion. The total project cost (right of way and construction for all three) was approximately $5 5 million. The first project was scheduled to come before the Council again. Bid opening April 2006 and construction July 2006, likely completed November 2007. The second portion of the project coming before the Council and bid opening in December 2006, with construction starting in April 2007 and completing by December 2008. He reviewed both options for approval. Councilmember Velick asked the benefit of plan "B" for businesses? Mr. Nolan replied it would benefit the businesses by allowing quick access to their facilities Councilmember Velick asked the number of accidents on Zarthan? Mr. Nolan replied there were seven in a three-year period. Councilmember Basill indicated that there would be parking changes in front of the building that would improve sight lines in that area. If they closed the median, there would be the potential for a lot of traffic going through the neighborhood to get to the gas station. He would be uncomfortable if there wasn't going to be an improved intersection and sight lines with the elimination of the parking. He believed leaving the median open would work. Councilmember Finkelstein asked if they left the median open, could it be closed at a later time? Mr. Nolan replied yes, they liked to reduce access points. The County agreed they would change the median if the City requested it. Councilmember Sanger stated there had been pedestrian accidents over the years. What impact would this plan have on future crashes with pedestrians? Mr. Nolan responded in the mid `90's there were a number of fatalities. In 1998 raised center median islands were Council Meeting Minutes -5- May 16, 2005 placed along the corridor as a temporary solution until this project came along. The medians will go back in. Pedestrian crosswalks will be put in place to alert vehicles of pedestrians. Councilmember Sanger asked if crosswalks would be a different matenal? Mr. Nolan responded that could be worked into the plan. There was interest in making a differentiation between the pavement for the roadway and the crosswalk. Deb Skinner, 3936 Zarthan, stated they were concerned and did not want a restriction at Zarthan. They applauded the removal of the parking places because they blocked sight lines. They would hate to have the vehicles for Super America go through their neighborhood She was concerned about safety and would oppose closing it. They were also concerned that business might decline if people couldn't get to Super Amenca. Lisa Pannell, 3985 Colorado Av S, stated the people in here neighborhood were not concerned with closing the median at Dakota. They were concerned with speeds in the neighborhood and traffic turning left onto Dakota out through Brunswick. Reducing speeds along Excelsior Blvd and the streetscape would help that. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution B, Resolution No. 05-075 approving Layout No 2 with options, authorizing right-of-way acquisition, and imposing permanent parking restrictions. The motion passed 7-0. 8b. Administrative Fee for Vehicle Forfeitures Police Chief Luse presented the staff report. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve first reading of ordinance amending Chapter 16 of the St. Louis Park Municipal Code to establish an administrative fee in certain vehicle forfeiture cases and set second reading for June 6, 2005. The motion passed 7-0. 8c. Request of Foundation Land LLC and Master Development LLC (St. Louis Park School District)for a minor amendment to an approved Final PUD for Brookside School Lofts. Case Nos. 05-18-PUD Lots 1-11 and 29-36 Block 10 Suburban Homes Co.'s Addition except highway. Resolution No. 05-076 Ms. Enckson presented the updated staff report. Linda Sandbo, 4205 Webster Av. S, stated that they met with the Developer. Her main question when the project came forward was the location of the sidewalk was that was being eliminated. In the meeting they were able to discuss their issues and found that the sidewalk they were removing would remain They had questions about people accessing parking spaces in the other building and found that there was a secure access and sidewalks between the buildings. The neighborhood would have preferred a gabled roof, but agreed with the flat roof. The parking change was not an issue And they didn't feel Council Meeting Minutes -6- May 16, 2005 they had lost too much green space They believed the stucco looked good, although there was a concern about the color choice. Councilmember Sanger asked if the outdoor plaza was restored to its onginal size? If there is a loss of outdoor space at ground level, it wasn't made up very well with the rooftop patio, which was only easily accessible to those in the school building. Because it overlooks Hwy 100, how good of an amenity is it? Ms Erickson responded on the old plan, the plaza extended on top of the old parking garage. Now there is a driveway in that location, so the plaza was moved back. The reduction in size equaled approximately the size of the rooftop patio. The plaza was still large enough to accommodate everyone. None of the green space was being lost. Councilmember Sanger asked how they used a roof for flood storage? Bruce Bonneman, Master Development, replied that water would sit on the roof. A small pipe reduced the flowage down and it went into a dry pond. Water calculations done by their civil engineer were required to meet city requirements to keep water out of the storm system. The water flows down slowly. Councilmember Sanger asked if that increased the chance for roof leaks? Mr. Bonneman responded no. Mayor Jacobs asked how long the water stayed on the roof? Mr. Bonneman replied it would drain within 24-hours. It was moved by Councilmember Basill, seconded by Councilmember Fmkelstem, to approve Resolution No. 05-076 approving minor amendment to Final PUD for Brookside School Lofts. The motion passed 7-0. 8d. Rescheduled to June 6 8e. Request by Darrell W. Brown for a Conditional Use Permit to allow an accessory building larger than 800 square feet together with a variance to allow the cumulative ground floor area of all accessory buildings to be greater than the house. Case Nos. 05-10-CUP and 05-11-VAR, 5511 Vermont St. Mr. Morrison presented the staff report. Darrell Brown, applicant, stated he needed the garage because of parking problems. He wanted to secure his property and keep it in a safe place He would be making a large investment and it would not be a business. He felt the request was not ridiculous because he had enough land. He would request the CUP be modified to meet his needs. The neighbors were in favor of his project. Councilmember Omodt did not have a problem with the proposal. The garage looked worn down. The garage was big, but he had the lot to do it and he thought the design did not hinder the open space requirements in the ordinance. Council Meeting Minutes -7- May 16, 2005 Councilmember Sanger agreed that the criteria for a variance had not been satisfied. Why were they talking about this when they didn't have a proposal that would fit within the 1170 sq ft limitation of the CUP? If the vanance were denied, could the applicant come back to build a garage or accessory building that did not exceed 1170 sq ft? Mr Momson responded the Planning Commission was comfortable forwarding this recommendation without seeing a revised site plan of a smaller building. Mr. Brown wanted to proceed with the recommendation presented. If the Council wanted a revised site plan, it could be tabled. Councilmember Sanger asked if the applicant was planning something greater than the 800 feet allowed, but was within 1170, would the proper route be another variance? Mr. Morrison replied that the code was written in a way that any property owner could build up to 800 sq ft of accessory building without a conditional use permit. Once they went over 800 sq ft, they needed a CUP. Councilmember Sanger could not vote in favor of the CUP for the entire 2500 sq ft. She understood the applicant wanted to use this for personal vehicles, what happened with the next person?This was setting it up for a commercial use. Councilmember Finkelstein agreed with Councilmember Sanger. There was no hardship for the variance requirements. They were talking about a two to one ratio with the garage to the house. They needed to look at the future possibilities. They didn't want to create a precedent Mr. Brown stated this would also make a very nice Rec. room if someone wanted to have a Jacuzzi. He had no intention of having a business. Zoning ordinances controlled that. There was not enough room in his current shop. Councilmember Finkelstein stated it did not meet the cntena for a variance Mr Brown stated if he had ten acres, he still couldn't do it. Mayor Jacobs noted it was not a question of the size of the lot It was a question of how it related to the size of the house and the zoning district. Councilmember Santa agreed, it did not meet the criteria for a variance. She was familiar with cars and workshops and had empathy, but could not support a garage twice the size of the house. While the applicant may never intend on having a commercial use, down the road it would be waiting for a potential commercial use. Councilmember Basill asked for clarification on the Planning Commission recommendation. Mr. Momson responded they approved a CUP and did not include a number, but could not exceed the size of the house If he added onto the house, he could build more accessory building Councilmember Basill indicated he was at the property and the request did not seem as odd because of the size of the lot. He understood the concerns from the rest of the council. If this were a rambler, he would be allowed to build a larger garage Could they approve something in the middle? i vl.'1 pIIt' ;',1'1,t,; Council Meeting Minutes -8- May 16, 2005 Councilmember Velick noted several years ago they debated the size of a garage. They spent hours designing a garage that would meet everyone's needs and not be too large for the community. This was a beautiful lot that would perfectly fit that size of a garage, but , setting precedent would be temble. Mr. Brown stated there had been other garages built in St. Louis Park that covered 75% of the property and some were bigger than the house. His house, with his garage, would cover only 15% of the land. It was a benefit to get the cars off the street. Mayor Jacobs indicated his understanding was that the current requirement was the footprint of the house or the useable square footage within it? Mr. Morrison responded it was the ground floor area, the footprint of the house. Councilmember Basill stated if the amount of useable floor space and the green space were taken into consideration, he could go larger. The applicant had a lot of green space. He didn't know if this proposal was right, but wondered if there was a compromise somewhere between 800 and 2500 sq ft, that fit the lot, the neighborhood and the community better than Just the standard 800 sq ft. Councilmember Santa understood the desire to design a garage, but would be uncomfortable approving a conditional use permit without seeing a plan. She suggested tabling the CUP portion of the application and taking action on the variance. Councilmember Finkelstein reminded the Council about the criteria for approving a variance. The applicant did not meet most of the cntena. They needed to be consistent This was for convenience and they could not go down that road Councilmember Sanger agreed with Councilmember Velick that they had already been down this road. She understood this lot was far bigger than most lots. There was no basis for a variance. She did not see any reason to use the CUP process to get around the variance process. The issue was the size of the building and if it could be used as commercial space. Councilmember Basill agreed with Councilmember Finkelstein that this did not meet the cntena for a variance. The CUP says that they can allow over an 800 sq ft structure by conditional use permit. Have others requested CUP's over 800 sq ft? Mr. Momson responded he hadn't found any. Councilmember Basill indicated under the way the code is written, if they want over 800 sq ft, they can do it up to the size of their house with a CUP. Councilmember Finkelstein was concerned that they did not use the CUP to get around the variance statute. He did not have a problem of up to 1100, anything in excess they would be misusing the CUP process because it did not meet the criteria of a variance. It was moved by Councilmember Basill to deny the application for a variance to allow the cumulative ground floor area of all accessory buildings to exceed the ground floor area of the home; and, to approve a conditional use permit to allow a cumulative ground floor area for accessory buildings not to exceed 1,170 square feet. Council Meeting Minutes -9- May 16, 2005 Councilmember Velick indicated she would not support the motion without having the plans for the conditional use permit. Councilmember Basill withdrew his motion. It was moved by Councilmember Finkelstein, seconded by Councilmember Velick, to deny the application for a variance to allow the cumulative ground floor area of all accessory buildings to exceed the ground floor area of the home,in accordance with the resolution as presented. Mr. Brown asked if this would reflect in a lesser value of his land? Mr. Scott responded he could not answer that question. The motion passed 6-1, with Councilmember Omodt opposed. It was moved by Councilmember Basall, seconded by Councilmember Santa, to defer action on the conditional use permit to allow the applicant to present of design not to exceed 1,170 square feet and also to extend the 60-day timeline an additional 60 days. Mr. Brown stated he would probably utilize his existing garage and not proceed. The motion passed 7-0. 9. Communications Councilmember Omodt reported on a baseball tournament to be held in St. Louis Park. Mayor Jacobs thanked the Children's First Committee, Park and Rec. and the Volunteers for their work on the ice cream social. The Band, Orchestra, Choir and the Arts fundraiser will be held Fnday at 7 PM at the High School. 10. Adjournment The meeting adjourned at 9:32 p.m. City Clerk Major