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HomeMy WebLinkAbout2002/06/03 - ADMIN - Minutes - City Council - Regular F jyriLOPILSCTY OFFICIAL MINUTES RK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 3, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Councilmember Ron Latz was absent. Also present were the City Manager(Mr. Meyer); City Attorney (Mr Scott); Planning and Zoning Supervisor(Ms. Jeremiah); and Recording Secretary (Ms. Samson). 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of May 20, 2002 The minutes were approved as presented. 3b. Study Session Minutes of May 13, 2002 From Councilmember Velick add that Councilmember Velick was present at the Study Session meeting. From Councilmember Sanger: Item 7, Paragraph 2, add: There was consensus for staff to do so. 4. Approval of Agenda and Consent Items City Manager Charlie Meyer suggested the Mayor call for an Executive Session at the end of the City Council meeting regarding the Wolfe Park settlement. Mayor Jacobs stated an Executive Session shall follow the City Council meeting. 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 appropriate section of the regular agenda for discussion. 4a. Approval of Agenda It was moved by Counctlmember Sanger, seconded by Councilmember Santa, to approve the agenda The motion passed 6-0. Council Meeting Minutes -2- June 3, 2002 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 Ordinance No. 2225-02 amending Chapter 36 of the Municipal Code (Zoning) to add "Mikvah" as an accessory use in Single Family Residential Districts, approve summary and authorize publication. (Case No 02-20-ZA) 2. Adopt Ordinance No. 2226-02 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, approve summary and authorize publication. (Case No. 02-16-ZA and Case No. 02-23-ZA) 3. Approve Resolution No. 02-057 authorizing the restriction of parking to "No Parking 7 a.m. to 6 p.m. Weekdays" on the east side of Colorado Avenue from Excelsior Boulevard to 80 feet south of Excelsior Boulevard. Traffic Study No. 564 4. Approve designation of Thomas & Sons Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$583,444.84 for the 2001 Sidewalk Improvement Project--Phase B —City Project No. 99-07B 5. Approve Resolution No. 02-058 that declares the petition adequate for the purposes of preparing a formal City Engineer's Report on the feasibility and costs associated with a proposed alley improvement project in the 2900 block between Florida and Edgewood Avenues, north of Minnetonka Boulevard. 6. Approve following reports for filing: 6a. Board of Zoning Appeals Minutes of April 25, 2002 6b. Vendor Claims 5. Public Hearings--None 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances,Motions 7a. 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 Planning and Zoning Supervisor Janet Jeremiah said the Applicant is agreeable to a continuance of this item in order to do additional work on some of the code issues. Ms. Jeremiah said the Applicant has signed a waiver in regard to the State deadline law. Council Meeting Minutes -3- June 3, 2002 Tony Nicklow, owner of Santorini's Restaurant, restated his opinion that he should not be responsible for the 1990 parking requirements. Mr Nicklow said he is agreeable to a continuance to June 17, 2002 Dangle Nicklow expressed her discontent regarding an article in the Sun Sailor stating that Santorini's Restaurant held a wedding without permits. Ms. Nicklow said Santonni's Restaurant did not have any party without a permit last year. She would like the article to be corrected. Councilmember Nelson suggested she wnte a letter to the paper's editor. Betty Charney and Allan Charney requested their upcoming wedding rehearsal dinner not be cancelled due to a prohibition of rooftop events at Santonni's. It was moved by Councilmember Velick, seconded by Councilmember Santa, to defer consideration until June 17, 2002 to allow time for the applicant to address the feasibility of meeting Building and Health Code requirements. The motion passed 6-0. 7b. 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 Ms. Jeremiah said the Applicant, Albert 0. Foster, is present to answer questions. Mr Foster, 1425 Hampshire Avenue South, indicated his business has been located in the apartment for seven years, and he distributed a few letters from adjoining apartment residents in support of Mr. Foster to the Council. Mr. Foster said he owns and operates a dotcom business, and 100% of his business communications are via the Internet, fax, or telephone. He has two part-time employees, no customers visit the apartment, and no plastic products are stored anywhere on-site. According to Mr. Foster, Park Point Apartments is not affordable housing, and he said dunng his seven-year occupancy, there have always been vacancy signs. Councilmember Velick said she appreciates Mr. Foster's earnest intent, however, an R4 is for standalone offices only. Mr. Foster responded that he thinks, in an R4, an in-home business in a residential apartment is allowed, but with restrictions. Mr. Foster requested the Council allow the CUP adjustment for just his business, i.e., as long as he occupies the apartment unit. He thinks the concern regarding setting a precedent is much less than it is perceived to be. Councilmember Nelson agreed with Mr. Foster that Park Point Apartments is not affordable housing, however, it is residential housing. Councilmember Nelson's concern is the mixing of business and residential. He said he will vote to deny. Councilmember Nelson added that affordable office space is located just east of Park Point Apartments. Councilmember Sanger agreed with Councilmember Nelson, and she said it is not personal to the Applicant. Councilmember Sanger does not want the Council to be in a position of making a case-by-case determination for every business. She will support the resolution for denial. Council Meeting Minutes -4- June 3, 2002 It was moved by Councilmember Velick, seconded by Councilmember Sanger, to deny a resolution approving the Special Permit amendment subject to the conditions included in the resolution. The motion passed 6-0. Mr. Foster asked if he could have until October 1, when his lease ends, to move out; and is his application fee refundable? Mr. Foster said when he spoke to Staff, they were supportive of his request, and he said if he had been told there would be little chance of approval, he would not have spent the money to apply. He strongly requested that all or part of the application fee be refunded. Mr. Foster added that it will be a burden for him to move. Councilmember Nelson said he is unsure about the time issue, that is between the Applicant and Staff. Councilmember Nelson does not know if refunding an application fee is something the Council does, but Staff can discuss that with the Applicant on the record if it is clear-cut, or off the record if it is not. Mayor Jacobs does not know if there is a precedent for the Council to follow in regard to such a refund. Ms. Jeremiah said she told Mr. Foster that there is ordinance in the zoning code that relates to the return of application fees, which is based on when the public hearing is held as many of the costs are incurred during the advertisement phase, e.g., direct mailings and, in this case, that took place at the Planning Commission hearing. Generally, at this point there would be no refund. Ms. Jeremiah asked City Attorney Tom Scott if the Council could even consider waiving the fee. Ms Jeremiah thinks there is no precedent. Mr. Scott said he will determine what the options are, and he noted it may be possible to refund the fee. From an administrative standpoint, Mr. Scott perceives the time issue to be a non-issue. Mayor Jacobs reiterated that Staff will work something out in regard to the time issue on this application fee. 8. Boards and Commissions--None 9. Communications--None 10. Adjournment At 8:05 p.m., it was moved by Councilmember Nelson, seconded by Councilmember Santa, to move to Executive Session to discuss settlement of litigation concerning Wolfe Park soil corrections. The motion passed 6-0. Council adjourned to Executive Session. Present were Councilmembers Bnmeyer, Nelson, Sanger, Santa, Velick, and Mayor Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); City Clerk (Ms. Reichert); and Director of Parks and Recreation (Ms. Walsh). Council Meeting Minutes -5- June 3, 2002 It was moved by Councilmember Nelson, seconded by Councilmember Santa, to close Executive Session and reconvene in Regular Session. The motion passed 6-0. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve settlement in the amount of$90,000 relating to the Wolfe Park grading lawsuit against Close Landscape, et al., and authorize the Mayor, City Manager, and City Attorney to sign any necessary settlement documents. The motion passed 6-0. Mayor Jacobs adjourned the meeting at 8:22 p.m. Ci Clerk May• Ar