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HomeMy WebLinkAbout1988/05/16 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 16, 1988 1 . Call to order The Mayor called the meeting to order at 7:30 p.m. 2. Presentations None. 3. Roll call The following members were present at roll call : Bruce Battaglia Larry Mitchell Thomas Duffy David Strand Allen Friedman Lyle Hanks Also present were the City Manager, City Attorney, Directors of Planning and Public Works. 4. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember Battaglia to approve the minutes of the May 2, 1988 City Council meeting. The motion passed 5-0-1 (Councilmember Friedman abstained) . 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to approve the consent agenda for May 16, 1988 with the following change: remove item 9c to the agenda. The motion passed 6-0. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to approve the agenda for May 16, 1988 with the following change: add item llc. HRA/Planning Department study. The motion passed 6-0. PUBLIC HEARINGS 6a. Bunny's restaurant Special permit for Class I restaurant Resolution 88-49 at 4730 Excelsior 31vd. 11110 There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-49 entitled "A resolution granting City Council meeting minutes May 16, 1988 special (conditional use)permit under Section 14-124.101 (2) of the St. Louis Park ordinance code relating to zoning to permit a Class I restaurant for property zoned PUD, Planned Unit Development, located at 4730 Excelsior Blvd." The motion passed 6-0. 6b. Bunny's liquor license Addition of Sunday sale to liquor license: 4730 Excelsior Blvd. There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the addition. The motion passed 6-0. 6c. Roger's Petroleum Amendment to special permit for second floor office addition at 5430 Minnetonka Blvd. Councilmember Mitchell asked if the applicant were in compliance with their existing special permit. The Planner responded that they were. Councilmember Duffy asked if it was appropriate to add another condition limiting the second floor space to administrative offices. He noted that in staff' s report no additional parking would be needed as the proposed office would be used exclusively for administration of the existing business. What if the space were rented out to someone else as a secondary income. There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Friedman, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-50 entitled "A resolution rescinding Resolution No. 86-196 adopted on November 16, 1986, rescinding Resolution 64-61 adopted on May 7, 1984, rescinding Resolution 7104 adopted on April 5, 1982 and granting special (conditional use) permit under Section 14-156(15) of the St. Louis Park ordinance code relating to zoning to allow the continuation of a motor fuel station, retail store and providing for a non self-service automotive service center for property located in the B-2, business district, at 5430 Minnetonka Blvd." and incorporating a new condition 17e: The offices may only be used for the administration of the existing business. The motion passed 6-0. 6d. Vacation: 9021 Club Rd. Vacation of utility easement at 9021 Club Rd. There being no one present wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. -96- City Council meeting minutes May 16, 1988 It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia to waive first reading, set second reading for June 6, 1988 and authorize summary publication. The motion passed 6-0. 6e. Vacation: France/Excelsior Vacation of utility easements at northwest corner of France Ave. and Excelsior Blvd. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive first reading, set second reading for June. 6 and authorize summary publication. 6f. 5707 Excelsior Blvd. Variance in front and rear yard setbacks at 5707 Excelsior Blvd. This matter was addressed by Tom Shottenbauer, American Legion, and neighborhood residents Lee Erickson, Bruce Levine and Arthur Kane. The residents reported all were at an impasse relative to parking problems 110 on the Legion property which adversely affect the neighborhood. The Legion is not interested in installing a privacy fence along the southerly end of its property as it would cut off pedestrian access to its parking lot. The neighborhood was looking for some sort of comprehensive plan for this area and asked the City Council not grant any variance until such time as a plan has been developed. Councilmember Battaglia asked the neighborhood if the Legion were willing to put the privacy fence up, would the plan be acceptable to them. Mr. Erickson said it would. The fence would not be acceptable if there were an opening for pedestrians. Mr. Shottenbauer said they did not want children in the neighborhood to be deprived of using the only signalized intersection, i .e. Excelsior Blvd. and Xenwood Ave. , when going to the convenience stores across Excelsior Blvd. Also, if there, were a fence with no opening, bus riders would be deprived of direct access into their neighborhood. He said the Legion understands the neighborhood' s concerns and that it is willing to develop its property in order to take the parking problem off the neighborhood's streets. In "answer to a question from Councilmember Battaglia, Mr. Shottenbauer said the Legion is unwilling to construct a privacy fence. In answer to a question from Councilmember Strand as to how the Legion perceives resolution of this problem, Mr. Shottenbauer said the Legion believed the construction of a parking lot on its property would resolve the problem. -97- • City Council meeting minutes May 16, 1988 There being no one further wishing to speak, the Mayor closed the hearing 11 with the right of Council to thereafter reopen and continue it at a future date. Councilmember Friedman asked Mr. Shottenbauer what the Legion's objection was to putting up the fence besides the inability of people to get to the signalized intersection without walking around the block. Mr. Shottenbauer responded the Legion intended for its patrons to continue to park on 40$ St. He said it also will create maintenance problems as the Legion maintains the property on 40i St. Councilmember Strand asked if the variance went through and the parking lot were built, but there was still traffic on Xenwood and 40# St. , would the Legion agree to cut back on its use or the hours in order to try to make sure the number of people visiting the site was reduced. Mr. Shottenbauer responded if the Legion were being asked if it would reduce its business, the answer was no. Councilmember Strand said that this item had been before Council for many years. He said he was not aware of any accommodation by the Legion to resolve this matter which flies in the face of the Council 's encouragement of a spirit of business/community cooperation. He did not see his way clear to III vote for a variance for the Legion. Mayor Hanks noted that if the variance is not granted, the parking lot is not constructed and all will remain as unsatisfactory as today. He wondered if the Legion would be interested in guaranteeing when a parking lot would go in on the Zabel property and thereafter putting up a privacy fence to cut off the walking path. He did hate to block off the walking path and suggested a locked grate during the Legion hours of operation. Mr. Shottenbauer said he could not give the City a timetable on developing the Zabel property because each time the Legislature meets, legislation that comes down changes their ability to do business. He said he wished he could. He said he couldn't give an answer relative to putting up a privacy fence. He said the Legion is committed to removing the cars from the street. Councilmember Friedman wondered if there were any merit in submitting the matter to the City' s arbitration committee to see if something couldn't be worked out. Mr. Levine felt the neighborhood would be willing to go to mediation only as a last resort. They would still want to see a PUD for this property. The Mayor responded that was a zoning issue and had to be requested by the property owner, that the Council could not specify it would become PUD. Mr. Shottenbauer said if the Council decided all parties should go to mediation, the Legion would certainly be there. -98- • City Council meeting minutes May 16, 1988 P It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to authorize preparation of a resolution of denial with findings. The motion failed 3-2-1 (Mayor Hanks, Councilmember Duffy opposed; Councilmember Battaglia abstained) . It was moved by Councilmember Duffy, to defer for 30 days and suggest to the neighborhood and Legion that they seek mediation with the West Hennepin Mediation Services to try to work out some sort of agreement. The motion died for lack of a second. It was moved by Councilmember Mitchell , seconded by Councilman Strand, to continue the hearing to June 6 with guidance from the City Attorney as to what happens if it ends up in a 3-3 vote. The motion passed 6-0. 6g, 6h Smith property Both items were continued to June 6, 1988 at the request of the applicant 61 . Lake Forest property Amendment to Comprehensive Plan: Resolution 88-51 Vacant property in Lake Forest ' II° area south of Burlington Northern Railroad Rod Dolan, Glacier Park Co. ,, real estate subsidary of BNR, addressed the Council . In summary, the movement to change the Comprehensive Plan has received a great deal of discussion. He said the neighborhood's concern about an inferior development being constructed without their input is unfounded because they are protected by the current zoning. Any project other than one with single family density would have to be subjected to the public hearing process. It was Glacier's request that the Comprehensive Plan be left as medium density on the site. Ward Johnson, speaking for the Lake Forest neighborhood association, gave a brief background of the issue. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Friedman, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-51 entitled "A resolution approving an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364." The motion passed 6-0. 11110 Councilmember Strand noted the reason for action being taken in this matter was to avoid the conflict that arose in a recent matter where there was a conflict between the Comprehensive Plan and the zoning. He said he had told the Planning Commission that he did not view the present action as the final action for this property, but he did feel it was important there -99- City Council meeting minutes May 16, 1988 be consistency between the Comprehensive Plan and zoning on properties. PETITIONS, REQUESTS, COMMUNICATIONS 111 None RESOLUTIONS AND ORDINANCES 8a. Maximum amount in depository Resolution 88-52 By consent, motion to waive reading and adopt Resolution 88-52 entitled "Resolution increasing designated maximum amount to be kept in depository." 8b. Securities for collateral By consent, motion to waive reading Resolution 88-53 and adopt Resolution 88-52 entitled "Resolution approving securities for collateral from Park National Bank, St. Louis Park, MN." 8c. Automobile auctions Second reading of an amendment to Ordinance 1743-88 zoning ordinance to permit auto auction facility in I-1 district It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to waive reading and adopt Ordinance 1743-88 entitled "An ordinance amending the St. Louis Park ordinance code relating to zoning by amending Section 14-171 to include an automobile auction as a special permit use in the I-1 district." 41 The motion passed 5-1 (Mayor Hanks opposed) . 8d. Easements: Beltline Business Park Resolution dedicating utility, drainage Resolution 88-54 and pedestrian easement in Beltline Business Park It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to waive reading and adopt Resolution 88-54 entitled "A resolution accepting land for dedication of easements for utility, drainage and pedestrian purposes." subject to agreement between the City Attorney and applicant on minor language modifications. The motion passed 5-0-1 (Councilmember Mitchell abstained) . 8e. 9445 Minnetonka Blvd. Resolution approving expansion of Resolution 88=55 medical office facility at 9445 Minnetonka Blvd. The applicant, Dr. Handelman, addressed the Council . He addressed and resolved the questions raised by Council at its May 2 meeting. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 88-55 entitled "Resolution of findings regarding the application of Dr. Richard Handelman for an interpretation of Section 14-106(1 ) of the zoning ordinance relative to the expansion of -100- City Council meeting minutes May 16, 1988 ip a medical office facility located in the R-1 , single family residence district, at 9445 Minnetonka Blvd." Councilmember Battaglia was concerned that in the future, some other business might move onto these premises over which Council would have little control . In response to a question from Councilmember Mitchell , the Director of Planning responded the use of the premises would be office or more restrictive use such as residential . The motion passed 4-2 (Councilmembers Battaglia, Strand opposed) 8f. Ordinance re building codes Second reading of ordinance re building Ordinance 1744-88 codes It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to waive second reading and adopt Ordinance No. 1744-88 entitled "An ordinance changing the St. Louis Park ordinance code relating to the adoption of the State Building Code, the Minnesota Uniform Fire Code and the Uniform Housing Code and clarifying noise requirements for air conditioning devices and adding a provision requiring fees for review of food establishment plans and clarifying certain requirements for issuance of electrical permits and for the licensing of refrigeration contractors and for the verification III of construction valuation." The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. 37th/Dakota development It was moved by Councilmember Duffy, seconded by Councilmember Strand, to authorize staff to evaluate the proposals and submit a report to the City Council on June 20, 1988 The motion passed 6-0. 9b. Long-range planning It was moved by Councilmember Strand, seconded by Councilmember Duffy, to direct staff to put the issues in a summary statement in preparation for Council 's May 23 long-range planning session. The motion passed 6-0. 9c. W. 38th St. task force Dean Dubbe, Barbara Raschke and Mark Gilmer, members of the W. 38th St. task force committee briefly addressed Council on the activities of the group. 11110 It was moved by Councilmember Strand, seconded by Councilmember Friedman, to present all options to the neighborhood and report back to Council on June 6, 1988. The motion passed 6-0. -101- City Council meeting minutes May 16, 1988 9d. Traffic signal : Texas/W. 36th Preliminary engineering report It was moved by Councilmember 11 Strand, seconded by Councilmember Duffy to accept the preliminary engineering report and authorize staff to execute a contract with Orr Schelen Mayeron in the amount of $7,860 for traffic engineering design services, to prepare plans and specifications and to advertise for bids. The motion passed 6-0. 9e. Neighborhood meeting minutes Stormwater holding pond along T.H. 100 in Lake Forest neighborhood By consent, minutes ordered filed. 9f. Park and Recreation study By consent, report ordered filed 9g. Traffic signal : Beltline Blvd./W. 36th It was moved by Councilmember Duffy , seconded by Council- member Battaglia to accept the preliminary engineering report and authorize staff to execute a contract with Orr Schelen Mayeron in the amount of $7,580 for traffic signal engineering design services, to authorize staff to prepare plans and specifications and to advertise for bids. The motion passed 6-0. III 9h. Planning Commission minutes April 20 9i . April financial report 93. 1987 financial report 9k. Cable TV Advisory Commission minutes Items 9h through 9k ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions Mayor Hanks noted the opening on the West Hennepin Human Services Planning Board of Directors 10b. Incinerator property It was moved by Councilmember Battaglia, seconded by Councilmember Strand, to waive first reading, set second for June 6 and authorize summary publication. Councilmember Friedman asked if $92,000 was the original price discussed. The City Manager said it was. Councilmember Friedman felt that in the sale of property, professional appraisers should be utilized. 41/11 The motion passed 6-0. -102- NEW BUSINESS lla. Search firm selection It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to select Jensen-Oldani Associates to conduct the search for a city manager at a fee of $14,500 plus expenses. 11111 The motion passed 6-0. llb. Pulltabs: Southwest Exchange Club By consent, motion to approve license renewal . llc. HRA/Planning Dept. study Councilmember Mitchell was curious as to the status of the preliminary report on the Housing and Redevelop- ment Authority/Planning Department. The City Manager said staff was reviewing a preliminary report. Staff was scheduled to meet with the consultant in early May, but that meeting had to be rescheduled because of a conflict. He said the consultant was coming the next day for the purpose of clarifying several issues on the draft report. Councilmember Mitchell asked to receive whatever report staff now has whether it is complete or not. Councilmember Friedman also requested a copy. MISCELLANEOUS , 12a. Claims None. 12b. Communications from MayorI, Mayor Hanks noted the memo re a Regional Transit Board meeting on June 2. 12c. Communications from City Manager The City Manager said the executive session had to deal with the Neslund property. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS a. Claims By consent, the claim list prepared by the Director of Finance dated May 16, 1988 in the amount of $827,518.78 for vendor claims and $7,662.58 for payroll claims was approved and the City Manager and City Treasurer authorized to distribute checks in the appropriate amounts. 14. Adjournment The meeting was adjourned at 9:27 p.m. `� ) Vek-e4A) w Ma r Lyle Hanks 1111/ 11 / OMA 'ecording Secretary -103-