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HomeMy WebLinkAbout2002/05/20 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA May 20, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:36 p.m. The following Councilmembers were present at roll call: Jim Bnmeyer, Chris Nelson, 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 Coordinator(Ms. Enckson); Director of Parks and Recreation (Ms. Walsh); and Recording Secretary (Ms. Samson). 2. Presentations Mayor Jacobs presented the Minnesota City/County Management Association Proclamation to City Manager Charles Meyer The proclamation recognizes Mr. Meyer as the Dr. Robert A. Barrett "Manager of the Year" State Senate Representative Jim Rhodes presented a proclamation to Mr. Meyer from the House of Representatives On behalf of the Minnesota City/County Management Association, Curt Boganey, City r Manager of Brooklyn Park, presented the "Manager of the Year" plaque to Mr. Meyer. Mr. Meyer expressed his appreciation for the honor and for the support he receives from the council and staff.. 3. Approval of Minutes 3a. City Council Minutes of May 6, 2002 From Councilmember Nelson--Item 5a, Paragraph 5, add the following as the first sentence: Councilmember Nelson discussed mails and a letter he received from the president of the Sorensen Neighborhood Association, who could not be in attendance, but stated he is opposed to the variance. From Councilmember Sanger—Item 7a, Paragraph 4, second sentence: change be to see. 3b. Study Session Minutes of April 22, 2002 From Councilmember Sanger—Item 1, Paragraph 7: change rail to busway. Council Meeting Minutes -2- May 20, 2002 From Councilmember Sanger—Item 1, Paragraph 11, add the following at the end of the paragraph: Councilmember Sanger also asked Ms. Walker if the study could include possible purchase of any additional right-of-way to permit both freight rail and LRT in the SW corridor, and she agreed to do that. 4. Approval of Agenda and Consent Items NOTE: Consent items are 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 appropnate section of the regular agenda for discussion. 4a. Approval of Agenda It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the agenda. The motion passed 6-0 4b. Approval of Consent Items It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the following Consent Agenda Items. The motion passed 6-0. 1. Adopt Resolution No. 02-055 accepting transfer of property from the St. Louis Park EDA located northwest of the intersection of Walker Street and Louisiana Avenue. 2. Adopt Resolution No. 02-056 revising the City of St. Louis Park Personnel Manual by adding a Police Trainee Program to enhance the recruiting process for police officers. 3. Motion to accept the following reports for filing: a. Parks and Recreation Advisory Commission Minutes of March 1, 2002 b. Planning Commission Minutes of May 1, 2002 c. Housing Authority Minutes of April 10, 2002 d Vendor Claims 5. Public Hearings--None 6. Requests,Petitions,and Communications from the Public--None 7. Resolutions, Ordinances,Motions 7a. Albert O. Foster's Request for a Major Amendment to a Continued Special Permit for a 1,010 Square Feet Office in the R-4 District at 1425 Hampshire Avenue South#113 (Park Point Apartments). Case No. 02-22-CUP Council Meeting Minutes -3- May 20, 2002 Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. Councilmember Velick asked Ms. Jeremiah to clanfy the changes the Applicant has requested. Ms. Jeremiah said Staff asked the chief building official if there is latitude in regard to the limited number of employees in this office use, and the ZBO indicated there is no such exemption in the State building code, therefore, the changes to meet accessibility requirements for the office use would have to be made Councilmember Nelson questioned why the Council would want to allow a business in a residential building. He said he will vote to deny a Special Permit amendment. Councilmember Bnmeyer expressed agreement with Councilmember Nelson. Councilmember Nelson asked about the Planning Commission vote of 4-2 on Apnl 17, 2002 in regard to Mr. Foster's request. Commissioners Garelick and Moms were opposed. Commissioner Garelick opposed because he is concerned a precedent will be set for bypassing commercial rent rates, and due to a shortage of affordable housing. Commissioner Moms opposed because approval may set a bad precedent, i.e., residential being traded for office, and the Planning Commission does not know if the residents of the apartment building have been notified and what their concerns may be. Councilmember Sanger asked if the inclusion of a sunset clause would be problematic for other locations. Councilmember Velick thinks the Applicant's cost would be prohibitive, and she is concerned about setting a precedent for businesses to occupy residential unites. City Attorney Tom Scott said a sunset provision gives him some concern. Mr. Scott said, typically, a Conditional Use Permit (CUP) will run with the land and it would not be specific to a particular business. Mr. Scott recommends Staff come back with findings consistent with a denial. It was moved by Councilmember Velick, seconded by Councilmember Brimeyer, to defer this item to the City Council meeting of June 3, 2002; and to direct Staff to prepare a resolution of denial. The motion passed 6-0. 7b. Request of Holle Construction on Behalf of Santorini's Restaurant for a Major Amendment to a Continued Special Permit for Rooftop Events at 9920 & 9908 Wayzata Blvd. Case No. 02-05-CUP Ms. Jeremiah presented a Staff report. Ms. Jeremiah said a landscape plan was submitted last Friday, May 17, 2002, and Staff will review it. Jeff Holle said Mr. Nicklow and he would like additional time to review the documents and letter regarding the conditions Council Meeting Minutes -4- May 20, 2002 Councilmember Nelson said his concern is that the 1990 landscape changes have not been made, and Council has not yet seen the revised landscape plan. He asked about a money deposit to guarantee that the changes will be made. Ms. Jeremiah said there is a substantial lack of landscaping compared to the 1990 plans. Councilmember Sanger asked if with an existing Special Permit, and one not in full compliance, must the property be brought strictly into compliance with the requirements of the Special permit or, also, into compliance with current laws or does the Council pick and choose? Ms. Jeremiah said the code states that they should be brought into compliance with current code to the extent reasonable and possible, which provides some latitude to the Council to determine what is reasonable. Councilmember Sanger asked if 189 parking spaces are adequate. Mr. Nicklow, owner of Santorini's Restaurant, said there will be valet parking. Councilmember Sanger raised concern about future nonconforming billboards on other properties. Councilmember Velick is concerned about parking and the improvements that have not been made. She would like to continue this item. Councilmember Bnmeyer said he would like to get rid of the billboards. Councilmember Bnmeyer said he will vote against the resolution if the Applicant is unwilling to put up money for the landscaping and building improvements in exchange for rooftop use. Councilmember Nelson agrees. Mr. Scott asked, if Council agrees to continue, i.e., waive the time limits, is the Applicant agreeable to signing a waiver? The Applicant responded in the affirmative. It was moved by Councilmember Velick, seconded by Councilmember Brimeyer, to defer this item to the City Council meeting of June 3, 2002. The motion passed 6-0. 7c. Request of Vernon Partnership LLC for Conditional Use Permit to place over 400 cubic yards of fill and fill in a floodplain and for a Preliminary Plat (Townhomes of Vernon Oaks) at 2601 Vernon Avenue S. Case No. 02-19-CUP 02-06-S) Resolution No.'s 02-052 and 02-053 Planning Coordinator Judie Erickson presented a Staff report. Ms Erickson said several conditions have been added to the resolution regarding the Conditional Use Permit• the preliminary grading and site preparation must be completed within 90 days; construction traffic will be prohibited on West 25 i/ Street; and an escrow will be held until the final home is constructed. Darrel McIntosh, 2551 Xenwood Avenue South, stated his concern about the history of flooding in this area, specifically behind Stephen's Buick. Mr. McIntosh and his neighbors are concerned about the size of the homes and the number of homes to be built on this small lot. Council Meeting Minutes -5- May;-20, 2002 Ms. Enckson responded that there have been several changes in the drainage area just north of 25 1/2 Street. She said a drainage pond will be constructed on the Vernon Oaks property, and the City's Public Works Department has approved the engineering report regarding storm water on this property Mr. Harmening added that the Minnehaha Creek Watershed Distnct (MCWD) must issue a permit for this site, and that will provide another look at how the water runoff is being handled. Mr. Harmening said the Public Works Department would be happy to meet with residents to explain the current situation and how it will work under the proposed situation. Councilmember Santa left at approximately 8:30 p.m. Mr. McIntosh said he and his neighbors were not notified of tonight's meeting because they are dust outside of the 300-foot notice area. Ms Enckson said notice is sent to those within 350 feet of the property, and a sign is placed on the site stating that the City has received an application; for those who would like more information, a telephone number is posted on the sign. Councilmember Sanger asked if the tree replacement issue has been resolved. Ms. Enckson said it has. Staff has received an amended landscape plan, and the Council will see a final landscape plan relative to the final plat. Ms. Enckson said the final plat will - have a time schedule for landscaping. Councilmember Sanger asked if the Council may have any grounds to deny the request, and Mr. Scott said the Council's discretion on a subdivision is quite limited, if the Applicant meets the standards, there is no basis to deny. Applicant Marshall Kieffer, Vernon Properties, introduced himself. Mr. Kieffer said he met with Ms. Enckson to discuss the length of time to construct the homes, marketability, and custom design. Kenneth Dubbe, 2550 Webster Avenue, asked about the impact of this project in regard to the drainage from the nearby apartment buildings and parking lots. Mr. Harmening said the City Engineering Staff reviewed and approved the plans, and Staff is available to meet with neighbors to answer questions. Reluctantly, Councilmember Sanger will make the motion, and Councilmember Bnmeyer will reluctantly second the motion. It was moved by Counctlmember Sanger, seconded by Councilmember Brimeyer to adopt Resolution No. 02-052 granting a Conditional Use Permit to allow over 400 cubic yards of fill and fill in a floodplain subject to conditions included in the resolution; and adopt Resolution No. 02-053 granting preliminary plat subject to conditions included in the resolution, and Councilmember Sanger added: subject to all of the conditions and subject to having a neighborhood meeting within the next two weeks or so. The motion passed 5-0. Mayor Jacobs reiterated that City Staff will meet with the residents pnor to the final plat. ",,0a 14 11 lli'yg,,D , , Council Meeting Minutes -6- May 20, 2002 7d. First reading of text amendments to Chapter 36 of the Municipal Code (Zoning) to add "Mikvah" as an accessory use in Single Family Residential Districts Case No. 02-20-ZA Zoning text amendment Ms. Erickson presented a Staff report. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve first reading of zoning text amendments to allow a "Mikvah" as an accessory use in the RI and R2 Single Family Residential Districts subject to conditions as recommended by staff and the Planning Commission and set second reading for June 3, 2002. The motion passed 5-0. 7e. First reading of proposed text amendments to Chapter 36 of the Municipal Code to change several land uses from permitted with conditions to conditional uses in commercial zoning districts, to modify intensity classification table threshold intensities and to lower the intensity thresholds for requiring conditional use permits in the Cl district to those that exceed Class 4. These proposed changes are to bring the Zoning Ordinance into conformance with the Comprehensive Plan. Case No. 02-16-ZA and Case No. 02-23-ZA) Ms. Erickson presented a Staff report regarding text amendments. Councilmembers Sanger and Bnmeyer complemented Ms. Erickson and Staff for their diligence on this complex undertaking. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve first reading of Ordinance amending Chapter 36 of the Municipal Code related to changing several land uses from permitted with conditions to conditional uses in commercial zoning districts, to amend the intensity classification table threshold intensities, and to lower the intensity thresholds for requiring conditional use permits in the Cl district to those that exceed Class 4 and set second reading for June 3, 2002. The motion passed 5-0. 7f. Resolution establishing Louisiana Oaks Park (3280,3500,7400, 7450 Louisiana Avenue) Director of Parks and Recreation Cindy Walsh said this resolution formally establishes a city park, to be named Louisiana Oaks Park, at the former Oak Park Village site. It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to adopt Resolution No. 02-054 establishing Louisiana Oaks Park. The motion passed 5-0. 8. Boards and Commissions--None so Council Meeting Minutes -7- May 20, 2002 9. Communications From the City Manager—Mr Meyer offered the Council the option to cancel the Study Session scheduled for Tuesday, May 28th. The Council's consensus was to cancel the Study Session for May 28th From the Mayor—Mayor Jacobs thanked the committee who put together the Children First Ice Cream social on May 11tH 10. Adjournment Mayor Jacobs adjourned the meeting at 9:17 p.m. OP _54e-4 411 y Clerk M. or'