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HomeMy WebLinkAbout2000/01/03 - ADMIN - Minutes - City Council - Regular CITY OF ST. LOUIS OFFICIAL MINUTES PARK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 3, 2000 1. Call to Order Mayor Jacobs called the meeting to order at 7:40 p.m. 2. Presentations a. Swearing In Ceremony of Mayor and Councilmembers Judge Harvey Ginsberg was present. The following councilmembers were sworn in: Jeff Jacobs, Mayor; Ron Latz, Councilmember At Large A; Sue Santa, Councilmember Ward 3; and Jim Brimeyer, Councilmember At Large B. b. Human Rights Award Council presented the 1999 Human Rights Awards to the following individuals for their contribution to furthering Human Rights in our community: Judith Moore, Louann Laming, Orland and Lucille Thornsjo, and Portia Byrd. II 3. Roll Call The following Councilmembers were present at roll call: Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, Jim Brimeyer and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Foli); Economic Development Coordinator(Mr. Kleve); Community Development Director(Mr. Harmening); Planning Associate (Ms. Peterson); Public Works Director(Mr. Rardin); City Clerk(Ms. Larsen); Community Outreach (Ms. McDonnell; Planning Manager(Ms. Erickson); and Recording Secretary (Ms. Olson). 4. Approval of Minutes 4a. City Council Meeting of December 20, 1999 The minutes were approved as presented with the following changes. Page 6, Item 4f, change "slow-take domain"to "slow-take" Page 7, Item 6a, change "Councilmember Nelson"to Councilmember Latz" Page 11, Item 7a, Paragraph 5, change "six fences"to "six feet fences" Page 13, Item 7a, Paragraph 7, add "Barb McCormick, PPL indicated that all tenants were going to be required to sign new leases". Page 8, Item 7a, Paragraph 5, delete 1 "in the event that all of his legal remedies have been exhausted . . .", and add "in the event that the City Council decided not to approve the variance then Mr. Manthey has agreed to bring the fence into compliance". Page 8, Item 7a, Paragraph 3, change to "Councilmember Latz suggested changing that provision in the code permitting unlimited number of reapplications in order to save Council Meeting Minutes -2- January 3, 2000 administrative time". Page 9, Item 7a, last paragraph, change to "The fact is that from the beginning Mr. Manthey was aware that he was in violation of the ordinance, and it was his obligation to be in compliance with the ordinance whether or not the staff takes affirmative steps to enforce the111 ordinance. He asked how this home was different than any other homes on Minnetonka Boulevard in that area". Page 10, Item 7a, last paragraph, change "conversion" to "conversation". Page 12, Item 8a, Paragraph 3, change "Mr. Buhul"to "Mr. Bubul". 4b. Study Session meeting of October 11, 1999 The minutes were approved as presented with the following changes. Page 20, Item 5, Paragraph 2, change to "Councilmember Sanger felt that it was not equitable to our residents to plow some sidewalks and not others. She added that if all sidewalks are not plowed, enforcement of the ordinance will become an issue". 4c. Special meeting of October 25, 1999 The minutes were approved as presented. 5. Approval of Agendas a. Consent Agenda. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the11 consent agenda. The motion passed 7-0. b. Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances. 6. Public Hearings 6a. Request by Vladimir Vellikson to allow restaurants with liquor as permitted with conditions in the C-2, Commercial District Case No. 99-13-ZA Ms. Peterson, Planning Associate reviewed the history of the request and presented a staff report. She recommended denial of the proposed amendment to the Zoning Ordinance to allow restaurants with liquor as permitted with conditions in the C-2 District and indicated that an alternative text amendment is being initiated by staff that would potentially address Mr. Vellikson's needs. Because staff's proposal addresses a different section of the Zoning Ordinance, the amendment is being initiated as a separate case and scheduled to be considered by the City Council on January 18, 2000. Council Meeting Minutes -3- January 3, 2000 Mayor Jacobs opened the public hearing. Vladimir Vellikson, 19627 Waterford Court, Shorewood, MN, provided the Council with a personal information sheet, a plan of his proposed restaurant, and a copy of a invitation to an event he hosted downtown. He explained the concept of his restaurant where both Europeans and Americans could enjoy a restaurant with liquor that serves Eastern European food with dancing and live music and indicated that his lack of experience hindered his understanding of all the issues that needed to be addressed. Jeff Fine, Fine Management, 2101 Hennepin Avenue South, extensively explained the history of the Texa-Tonka Shopping Center, Mr. Vellikson's restaurant proposal, and the City process he has experienced so far. He believed that the proposal and concept for this restaurant was a logical one in the Texa Shopping Center in St. Louis Park. He expressed his impatience with the process and progress and asked that the Council approve the Staffs initial text amendment in which he could conform to and indicated that staff originally believed would have no adverse ramifications on other commercial areas in St. Louis Park. He stated that he was not comfortable with the alternative amendment that would be processed separately with regard to the non-conformities. Under the alternative amendment it states that based upon the reasonable judgment and probability some non- conformity issues would have to be addressed and some could be forgiven. He stated that the list of 10 non-conformities that existed at the shopping center were related to the fact that it was a 1950's shopping center built under 1950's rules. (i.e. billboards on roof) He stated that Staffs alternative amendment was a completely unknown and totally new issue to him as to how it would be implemented against him and in terms of requirements of trying to change some of the existing non- conformities. Jim Yarosh, Attorney for Fine Management was present. Mayor Jacobs closed the public hearing subject to the right of the Council to reopen it at a future date. Councilmember Nelson indicated that he had several questions and recommended that the Council defer this issue and discuss it at the study session on January 10th. Councilmember Brimeyer was not in favor of deferring the issue. He believed that while the concept had merit he believed it was a question was whether or not the City believes this was a good use in the community at various locations. He believed that the accepting the concept of the restaurant and cleaning up existing non-conformities were separate issues. Councilmember Sanger stated that she believed it makes a huge difference whether a CUP is used or whether something is permitted with conditions. If the initial text amendment went through as "permitted with conditions", once those conditions were met the City would not have the authority to impose additional restrictions. She was concerned about the noise that could potentially be generated by the music and dancing and what the impact would be on the neighborhood. By having a CUP, there would be a hearing and residents could express their concerns. She was also concerned with having this use permitted with conditions because the City is not just dealing with whether this particular use is a good idea or not, but would be setting a precedent for future decisions. She believed the concept that Mr. Vellikson is proposing is a very good idea. She felt that the real issue is whether ordinance legislates, regulates or grants permission for it to happen believed this text amendment is not the right choice. She would like to maintain the CUP. She Council Meeting Minutes -4- January 3, 2000 stated that is was entirely appropriate that the City tie that back to the question of correcting non- conformities. She believed that to the extent that the non-conformities can be corrected, she thinks the City should be using every leverage in our power to maintain our community by improving, getting rid of non-conformities and maintaining standards, otherwise we will continue to have properties that are in decline. She indicated that if the text amendment went through it would apply throughout the community and may have negative impacts. Mr. Harmening, Community Development Coordinator clarified that there had been a point in the process where staff did support the initial text amendment. Upon further deliberation, the issue became the question of which process the City should use for considering restaurants that serve liquor is some fashion. He explained the requirement of the CUP and the requirement that all non- conformities have to come into conformance with code. He explained the options available to the applicant. He described the alternative amendment and how it addressed the existing non- conformities. Councilmember Nelson believed that a study session would allow the Council to discuss that pros and cons of using the approach of a CUP. Councilmember Latz stated he had heard from the neighborhood that didn't have any outstanding concerns with this type of use. He didn't believe there was any concern about having this concept of a restaurant serving meals with alcohol, but there was no accessory bar. He believed it would have been helpful to have Planning Commission minutes and copy of language of alternative text amendment available to the Council. He was in favor of tabling this issue until January 18th for further discussion. He was not prepared to make a decision without knowing what the options were. Councilmember Sanger requested a list of the non-conformities and to what extent it would be feasible to have them remedied or not. Councilmember Jacobs was not concerned about this particular restaurant or use, since he believed is was a good use for that location. His concern was the precedence that was being set if the recommendation to allow restaurants with liquor as permitted with conditions was approved. He was in support of the idea of deferring this issue and discussing it at a study session on January 10th. It was moved by Councilmember Latz, seconded by Councilmember Nelson, to continue discussion of the proposed Zoning Ordinance amendment at the study session of January 10t. The motion passed 6-1. Councilmember Young was opposed. 6b. Public Hearing regarding Comprehensive Plan Text Amendments Case No. 99- 33-CP Judie Erickson, Planning Coordinator presented a staff report. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing subject to the right of the Council to reopen it at a future date. Council Meeting Minutes -5- January 3, 2000 Councilmember Nelson questioned what would happen if the property was partitioned into two parcels ahead of time and asked who the lessor of the property was. Ms. Erickson indicated that the billboard was never owned by Mill City Plywood. She indicated that the amendment being considered was a site specific amendment to the Oak Hill neighborhood, however there was no provision in zoning ordinance that forbids anybody from partitioning a property with a billboard on it and not redeveloping it. She believed that staff has talked about having a more aggressive policy to address billboards, but something that would eliminate the possibility of partitioning a partial does not currently exist. Mr. Harmening indicated that the amendment does not disallow the City from requiring the developer to include the billboard site with his project, but it doesn't mandate it. He stated that the current land use policy states that when the Mill City site redevelops the billboard has to come down. Councilmember Sanger did not agree with staff's interpretation and believed that the land use policy was a statement that was an expression and aspiration that billboards need to come down, but doesn't say specifically that the owner of this particular property must take down the billboard if the billboard is not located on property being redeveloped. She indicated that she did not believe that the City had the power to require a property owner to buy nearby property and to remedy this sort of problem on property that was not being redeveloped. Councilmember Brimeyer concurred with Councilmember Sanger that if there was a parcel that had a billboard on it, and it was redeveloped the billboard would be gone, but if you had a billboard that was adjacent to a parcel that had a billboard on it that wasn't part of the redevelopment, then you couldn't force it to happen. Councilmember Sanger asked that staff propose language to the Comprehensive Plan or zoning ordinance that would prevent partitioning of parcels in order to carve out a billboard only parcel. It was moved by Councilmember Latz, seconded by Councilmember Santa, to adopt a resolution amending Comprehensive Plan text contingent upon Metropolitan Council approval, approve summary resolution, and authorize publication. The motion passed 6-1. Councilmember Sanger was opposed. 7. Petitions, Requests, Communication - None 8. Resolutions and Ordinances 8a. Election of Mayor Pro-tem It was moved by Councilmember Young, seconded by Councilmember Nelson, to adopt a resolution appointing Ron Latz as Mayor Pro-tern. The motion passed 6-0-1. Councilmember Latz 111 abstained. 8b. Resolution Authorizing Criminal History Background Investigations of Applicants for Certain Licenses Issued by the City Cindy Larsen, City Clerk presented staff report. Council Meeting Minutes -6- January 3, 2000 Mayor Jacobs asked if the types of licenses subject to BCA investigation would be subject to review by the City Council in the future. Ms. Larsen stated that this was not the intent and that the City Manager would be given the authority to make that decision. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt the resolution authorizing criminal history background investigations of applicants for certain licenses issued by the City. The motion passed 7-0. 8c. Approval of Encroachment Agreement for Private use of Dart Avenue Councilmember Sanger asked why the property wasn't vacated. Mr. Rardin, Public Works Director stated that could have been an option, but he didn't have conversation with staff to that extent, but may have had complications with that. It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to approve the attached resolution authorizing execution of an Encroachment Agreement. The motion passed 7-0. 8d. Designate St. Louis Park Sun-Sailor as Official Newspaper for 2000 By consent, Council adopted a resolution designating the St. Louis Park Sun Sailor as the City's Official Newspaper for 2000. 9. Reports from Officers, Boards, Committees a. Cable Television Commission Minutes of October 7, 1999 b. Parks and Recreation Advisory Commission Minutes of October 13, 1999 c. Vendor Claim Report By consent, Council accepted the reports for filing. 10. Unfinished Business a. Board and Commission Appointment(s) It was moved by Councilmember Young, seconded by Councilmember Santa,to appoint Lee Gross as a student representative to the Human Rights Commission and Matthew Dombrosky to the Parks and Recreation Advisory Commission. The motion passed 7-0. 11. New Business Ila. Notice to Consider Establishing a Stormwater Utility II- Mr. Rardin, Public Works Director provided a brief background for establishing a stormwater plan and utility in St. Louis Park. Council Meeting Minutes -7- January 3, 2000 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to set a public hearing and first reading for February 7, 2000 of an Ordinance amending Section 9 of the Ordinance Code, establishing a Stormwater Utility. The motion passed 7-0. 12. Miscellaneous - None 13. Claims,Appropriation, Contract Payments-None 14. Communications >From the Mayor- Mayor Jacobs thanked the City staff for the level of Y2K preparedness the City had. 15. Adjournment It was moved by Councilmember Santa, seconded by Councilmember Young, to adjourn the meeting at 9:55 p.m. The motion passed 7-0. ,l • ,_ L a Clerk •r