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HomeMy WebLinkAbout2013/04/01 - ADMIN - Minutes - City Council - Regular If� St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 1, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: Deputy City Manager/Director of Human Resources (Ms. Deno), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), Communications Coordinator(Mr. Zwilling), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Caring Youth Recognition Proclamation Mayor Jacobs recited the Proclamation for Caring Youth Day on April 23, 2013. Mr. Bob Ramsey appeared before the City Council and stated that Caring Youth Day is an inspiring event and represents a chance to celebrate these special young people. He stated this year's event takes place at the Doubletree Hotel on April 23`d at 6:45 p.m. 3. Approval of Minutes 3a. Study Session Meeting Minutes March 11,2013 Councilmember Ross requested that the eighth paragraph on page 3 be revised to state "Councilmember Ross requested clarification regarding the report and the need for additional sidewalks on the east side of Virginia • - • - . - - • - • Councilmember Mavity requested that the last sentence of the eleventh paragraph on page 2 be revised to state "She stated she was having a hard time determining which direction to give to staff when Council should be addressing the broader questions related to water quality management . --. • - • - . - • . -- . • •• --. •. - •• . - -. - - •• The minutes were approved as amended. 3b. City Council Meeting Minutes March 18,2013 The minutes were approved as presented. City Council Meeting -2- April 1, 2013 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve Second Reading and Adopt Ordinance No. 2437-13 of the rezoning from C-2, General Commercial to 0, Office, for the property at 3700 State Highway 100 consistent with the Comprehensive Plan and to approve the summary ordinance for publication. 4b. Moved to Item 8c. 4c. Approve an Encroachment Agreement at 1600 West End Boulevard for Temporary Private Use of Public Land for outdoor dining and to authorize the Mayor and City Manager to execute the agreement. 4d. Adopt Resolution No. 13-049 authorizing final payment in the amount of $2,514.77 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 19 (Miscellaneous Specialties) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 77-11. 4e. Approve Second Reading and Adopt Ordinance No. 2438-13 amending the St. Louis Park Code of Ordinances Chapter 2 Establishing the Environment and Sustainability Commission: Sustainable SLP, and approve summary ordinance for publication on April 11, 2013. 4f. Adopt Resolution No. 13-050 accepting the project report, establishing Improvement Project No. 2013-1101, approving plans and specifications, and authorizing advertisement for bids for these improvements. 4g. Designate Classic Protective Coatings, Inc., as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $824,150 for Elevated Storage Tank No. 3 Rehabilitation and Recoating Project No. 2012- 1500. 4h. Adopt Resolution No. 13-051 authorizing installation of permit parking restrictions at 3112 Edgewood Avenue South. 4i. Approve for filing Police Advisory Commission Meeting Minutes January 2, 2013. 4j. Approve for filing Housing Authority Meeting Minutes January 9, 2013. 4k. Approve for filing Planning Commission Meeting Minutes March 6, 2012. 41. Approve for filing Vendor Claims. Councilmember Spano requested that Consent Calendar item 4b be removed and placed on the Regular Agenda. It was moved by Councilmember Spano, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4b to the regular agenda as item 8c; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions-None 6. Public Hearings-None City Council Meeting -3- April 1, 2013 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Conditional Use Permit — Calhoun Apartment Homes (4013 31st St W). Resolution No. 13-052. Mr. Morrison presented the staff report and presented an elevation drawing of the proposed seven-unit apartment building, noting that the slight grade change will accommodate underground parking with the next two floors consisting of two-story apartment units. He indicated each unit has direct access to the exterior of the building so the building will not have a common hallway. He advised the proposed building meets all required setbacks and 13 underground parking spaces are provided which meets all City requirements. He explained that all storm water requirements are met and the applicant intends to replace some of the soils with pervious soils conducive to infiltration and will also install a perforated tile system to collect water and encourage infiltration. He pointed out that all rooftop drainage will go directly into the infiltration basins that will allow runoff to infiltrate directly into the ground. He recited the DORA definition and stated the amenities include a sidewalk system extending around the entire building that connects with the regional trail. He stated there are eight outdoor patio areas on the site with seven patio areas designated to each unit and the eighth patio area available to all residents. He explained that staff concluded that the sidewalk, common patio area, and all other patios count toward meeting the DORA requirements noting that the DORA definition does not state that amenities have to be open and available to all and the definition is intentionally vague so as to give tenants the ability to enjoy additional recreation not otherwise available if held in common. He explained the proposal has approximately 3,800 square feet of DORA, which represents 31% of the property; the DORA requirement for the site is 12% or 1,743 square feet. He added if the designated patio areas were removed from the DORA calculation, the site would still meet the DORA requirement with 1,751 square feet or 14% of the property. He advised the Planning Commission recommended approval of the CUP subject to compliance with the City's noise ordinance and limiting hours of construction to 8:00 a.m. to 10:00 p.m. Monday through Friday and 9:00 a.m. to 10:00 p.m. Saturday and Sunday. He then introduced Mr. Andrew Brenner. Councilmember Sanger expressed support for the project and felt the proposed use was appropriate. She expressed concern regarding availability of guest parking. Mr. Morrison advised there is no on-site guest parking provided and overflow parking is provided on the north side of 31St Street. Councilmember Sanger requested that the resolution be revised to require no construction after 6:00 p.m. versus 10:00 p.m., stating she did not feel it was appropriate to allow construction until 10:00 p.m. in this residential neighborhood. She stated she did not share staff's opinion that the private patios designated for each unit can be included in the DORA calculation and felt that the examples provided in the DORA definition suggest they are all to be spaces that anyone who lives there can make use of, whereas the private patios are designated for each unit; however, given that the City does not need to count the private patios to meet the DORA requirement, she would support the CUP request but 1.1,i. .•a ,4 �• , �, City Council Meeting -4- April 1, 2013 requested that the private patios be excluded from the DORA calculation. She also requested that Council have a study session discussion regarding DORA requirements. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to adopt Resolution No. 13-052 Granting Conditional Use Permit Under Section 36-166(d)(1) of the St. Louis Park Ordinance Code Relating to Zoning to Permit Construction of an Apartment Building for Property Zoned R-4 Multiple-Family Residential District located at 4013 31" Street West, as amended to prohibit construction activity between the hours of 6:00 p.m. and 8:00 a.m. Councilmember Ross requested a friendly amendment to prohibit construction activity after 8:00 p.m. rather than 6:00 p.m. Mr. Andrew Brenner appeared before the City Council and stated they need flexibility with construction due to factors that delay construction such as rain. He stated his agreement with an 8:00 p.m. construction deadline and noted there would be very few days where they are working until 8:00 p.m. He stated there would also be a four-day time period dunng cement pouring where they would like to start around 7:00 a.m. Councilmember Ross stated her agreement with Mr. Brenner's request for a limited 7:00 a.m. construction start time during cement pouring and requested an additional friendly amendment to allow construction activity to begin at 7:00 a.m. during the four day time period when concrete is being poured. Councilmember Sanger stated she was okay with allowing construction until 8:00 p.m. but did not agree with allowing construction activity before 8:00 a.m. Councilmember Ross withdrew her second to the motion. The motion failed for lack of a second. Councilmember Mavity requested information regarding typical hours for construction contained in the City's Ordinance. Ms. McMomgal replied the Ordinance allows construction between the hours of 7:00 a.m. and 10:00 p.m. and the hours can be adjusted with a CUP as needed. It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to adopt Resolution No. 13-052 Granting Conditional Use Permit Under Section 36-166(d)(1) of the St. Louis Park Ordinance Code Relating to Zoning to Permit Construction of an Apartment Building for Property Zoned R-4 Multiple-Family Residential District located at 4013 3F Street West, as amended to prohibit construction activity between the hours of 8.00 p.m. and 8:00 a.m., with the exception of allowing construction activity to begin at 7 00 a.m.for up to four days after notification to the neighbors. Councilmember Mavity expressed concern about being this specific on a project in which unpredictable things occur and did not think it was good policy to get this detailed. City Council Meeting -5- April 1, 2013 Councilmember Ross agreed and requested that the neighborhood be given a rough estimate of the scheduled 7:00 a.m. start time. She agreed with Councilmember Sanger's concerns regarding parking for guests. Ms. McMonigal stated that guest parking is calculated at 10% of the overall required parking and a typical day would require 1.3 parking spaces on the street. The motion passed 7-0. 8b. Preliminary/Final Plat & PUD - 3555 Hwy 100 (LA Fitness and Goodwill Store). Resolution Nos. 13-053 and 13-054. Mr. Morrison presented the staff report and Preliminary/Final Plat and PUD for the property at 3555 Highway 100, which includes an existing LA Fitness facility. He advised the PUD includes the addition of a new 17,600 square foot Goodwill store on the south side with a drop off area on the west side. He indicated the PUD provides shared access and shared parking with access on 36th Street and two access points on 35th Street. He indicated that LA Fitness is required to provide 266 parking spaces and there are 317 parking spaces provided on Lot 2 and the Goodwill store is required to have 71 parking spaces and there are 45 parking spaces provided on Lot 1. He stated as part of the PUD's shared parking, 327 parking spaces are required and there are 362 total parking spaces provided. He advised the parking lot will be improved with landscape islands as well as trees planted along Highway 100 and 36`h Street. He explained that pedestrian access includes the public sidewalk along 36th Street and a pedestrian walkway has been added to the sidewalk along the Goodwill store as well as a new sidewalk on 35th Street. He then introduced Mr. Jay Moore (Oppidan Holdings) and Mr. Brian Pellowski (PBK Investments representing the property owner). Councilmember Mavity questioned how pedestrians would safely get to the Goodwill store that are coming from the south and felt this area might need better access. She also requested that the City make sure there is adequate parking available at the LA Fitness facility particularly given the parking issues at the LA Fitness on Cedar Lake Road. Mr. Morrison stated the City has had conversations with LA Fitness about parking needs, and LA Fitness has indicated that the amount of parking provided exceeds their own calculations and LA Fitness is comfortable with the proposal presented to Council. Councilmember Ross requested information about cars stacking up in the drop off area for the Goodwill store and how that may or may not impede the flow of traffic. Mr. Jay Moore appeared before the City Council and stated the drop off donation line is on the west side and the stacking line has room for 15 cars. He noted they intentionally did not include parking stalls in this area. It was moved by Councilmember Mainly, seconded by Councilmember Ross, to adopt Resolution No. 13-053 Giving Approval for Preliminary and Final Plat of Belt Line Industrial Park 3rd Addition. ' The motion passed 7-0. City Council Meeting -6- April 1, 2013 It was moved by Councilmember Mavity, seconded by Councilmember Ross, to adopt Resolution No. 13-054 Approving a Preliminary and Final Planned Unit Development (PUD) of Boardwalk Center under Section 36-367 of the St. Louis Park Ordinance Code Relating to Zoning for Property Located at 3555 State Highway 100 South. The motion passed 7-0 8c. Second Reading and Adopt Ordinance Amending Chapter 36 of the City Code Pertaining to Educational Facilities in the R-3 Two-Family Residential District and to Signage in the Park and Open Space District. Ordinance No. 2439-13. Councilmember Spano requested clarification regarding the provision contained in section e.3. that states housing must be supervised 24 hours a day, seven days a week by responsible adults living on-site and he asked how the term"responsible"is defined. Ms. McMonigal advised the City is not in the business of policing responsibility and suggested that the word "responsible" be deleted adding the City will not be approving anyone hired by the school and will not be performing background checks. Councilmember Santa indicated it was likely that State law addresses adults living on-site who are supervising children and the school will have to conform to the State's guidelines in this area. Councilmember Sanger stated the school would have to comply with State law and felt it was pointless for the City to define the requirements relative to adult supervision and should be left to the School's Board to figure out. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to approve Second Reading and Adopt Ordinance No. 2439-13 Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-165(d)(8) and Table 36- 362A, as amended to delete the word "responsible"in section e.3. The motion passed 7-0. Communications None. 10. Adjournment The meeting adjourned at 8:30 p.m. Nancy Stroth, Eity Clerk Jeff Jaco 44ayo