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HomeMy WebLinkAbout1988/05/02 - ADMIN - Minutes - City Council - Regular • II MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MN May 2, 1988 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks 2. Presentations The Mayor and Council received a plaque from Hennepin County Commission Mark Andrew commending the City on its 1987 recycling efforts. Mayor Hanks read a proclamation for Cities Week. - 3. Roll Call The following Councilmembers were present at roll call : Bruce Battaglia Larry Mitchell Thomas Duffy David Strand Keith Meland Lyle Hanks 10 Also present were the City Manager, City Attorney, Director of Public Works and Senior Planner 4. Approval of minutes It was moved by Councilmember Meland, seconded by Councilmember Duffy to approve the minutes of the April 18, 1988 Council meeting with the following addition: After Councilmember' s Battaglia motion to defer the American Legion issue, add: ". . . in order to allow time for the residents and American Legion to meet in an effort to resolve this matter." The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the consent agenda for May 2 with the removal of item 9c. to the regular agenda. The motion passed 6-0. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the agenda with the addition of 10b. Community Education budget. 11110 The motion passed 6-0. -87- City Council meeting minutes May 2, 1988 III PUBLIC HEARINGS 6a. Auto auction facility Amendment to zoning ordinance to permit auto auction facility in I-1 district William Rosen, attorney for the applicant, asked when the ordinance would become effective. He was told it would be early June. Mr. Rosen addressed item h in the staff report relative to curbing. He said they were planning on a fair sized berm and a curb behind the berm seemed superfluous. He felt this item should be left to the developer and planning department to resolve. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue at a future date. It was moved by Councilmember Meland, seconded by Councilmember Mitchell to waive first reading, set second for May 16 and authorize summary publication. Councilmember Strand asked what areas would be impacted by this throughout the City. The Planner listed the I-1 districts in the City. The motion passed 5-1 (Mayor Hanks opposed) . 411 u PETITIONS, REQUESTS, COMMUNICATIONS a. Pornography Alice Tencate gave a lengthy presentation on her concerns relative to her perception of pornography in St. Louis Park. She presented a definition of the law governing pornography, businessess in violation, First Amendment rights, a sampling of research, personal examples and proposed requested action. She presented a petition to Council asking for enforcement of the new "Obscenity Fix-Up Bill (S.F. 236, H.F. 402) recently signed by Governor Perpich. Councilmember Strand thanked the residents for coming and expressed his admiration at their courage in addressing such a sensitive subject in a public forum. Councilmember Strand felt it would be a good idea for City staff to prepare a report which would outline the difference between the existing ordinance and the new state law. He also would like to see from the Police department the number of times the ordinance has actually been enforced over the past 2-3 years. Councilmember Meland added that staff check with the city prosecutor to see if there had been any successful prosecutions. ..j -88- 411/1 City Council meeting minutes May 2, 1988 110 Councilmember Mitchell asked relative to adopting state laws related to City ordinances, is it being suggested that all state laws related to sexual behavior should be considered. Councilmember Strand said there was a new state law which had just been passed in the last session. The question is is there any deviation between the City's ordinance and this new state law. He felt the City would be looking at how the law comments on display of pornographic material , not all sexual behavior or activities. It was determined staff would report back to Council at the first meeting in June. RESOLUTIONS AND ORDINANCES 8a. Building codes First reading of an ordinance re building codes It was moved by Councilmember Duffy, seconded by Councilmember Strand, to waive first reading, set second reading for May 16, 1988 and authorize summary publica- tion. The motion passed 6-0. 1110 8b. Beltline Business Park Second reading of ordinance vacating Ordinance No. 1741-88 utility, drainage and pedestrian easement in Beltline Business Park It was moved by Councilmember Meland, seconded by Councilmember Duffy to waive reading and adopt Ordinance No. 1741-88 entitled "An ordinance vacating utility, drainage and pedestrian easement." The motion passed 5-0-1 (Councilmember Mitchell abstained) . 8c. Resolution: Beltline Business Park Resolution dedicating utility, drainage and pedestrian easement in Beltline Business Park It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt the resolution. The City Attorney said his office had not had an opportunity to review the legal description and asked that the matter be deferred to May 16. Councilmember Duffy withdrew his motion. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to defer the matter to May 16, 1988. The motion passed 6-0. 8d. PUD: France/Excelsior nlvr.1. Second reading of an ordinance to Orrl,n�'lco 1742-C3 ch.,��r1E- -or ,nq t . POD at : ( -tiCe/Excelsior -8i9- City Council meeting minutes May 2, 1988 IIIFrank Williams, 3405 Glenhurst, said he was in full support of the project as presented to Council . It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Ordinance 1742-88 entitled "An ordinance amending the St. Louis Park Ordinance Code changing boundaries of zoning districts." The motion passed 5-1 (Councilmember Strand opposed) . the Chris Osgood, 3544 France, said he knew nothing about/project until the construct- ion signs went up. He was concerned about the traffic going through his alley. He said members of Council as well as the City Planner had assured him that should traffic problems arise, they can be solved. In light of that, he also supported the project. 8e. Park Edge addition The City Manager said the final plat Resolution 88-44 could be approved, but problems with the title and easements remained and that nothing would be signed until those items were resolved. Councilmember Strand wondered if it were not appropriate to put some type of qualification language in the resolution. He suggested perhaps the resolution could state "Subject to approval of City Manager." The City Attorney proposed item lb. under Conclusions to read as follows: Approval of legal descriptions by City. Manager and City Attorney. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-44 entitled "Resolution giving approval for final plat of Park Edge Addition" with the addition as suggested by the City Attorney. The motion passed 5-1 (Councilmember Strand opposed) . 8f. Special permit: Park Edge Special permit for construction of Resolution 88-45 retail stores and office space on property located at northwest corner of France/Excelsior It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-45 entitled "A resolution granting special permit under Section 14-124. 101 of the St. Louis Park Ordinance Code relating to zoning to permit the construction of retail stores and office space for property zoned PUD, planned unit development, located at 3900 Excelsior Blvd." The motion passed 5-1 (Councilmember Strand opposed) . 8g. Denial : 7525 Highway 7 Resolution denying zoning change at Resolution 88-46 7525 Hwy. 7 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-46 entitled "A resolution of findings regarding the application of Opal A. Kohner to change the zoning from R-2, single family residence district, to R-4, multiple family residence district, for property located at 7525 Hwy. 7" -90- City Council meeting minutes rip May 2, 1988 The motion passed 6-0. 8h. Denial : 2903 Kentucky Resolution denying variance in lot width, lot area and side yard setback at 2903 Kentucky Ave. , It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-47 entitled "A resolution of findings regarding the application of Bryan Kihle (Estate of Jergen Johnson) for variances in lot area, lot width and side yard setback for property located in the R-2, single family residence district, at 2903 Kentucky Ave." The motion passed 6-0. 8i . Office expansion: 9445 Minnetonka Blvd. Resolution approving expansion of medical office facility at 9445 Minnetonka Blvd. San Stern, representing the applicant, said they felt language in the proposed resolution granting the special permit might be ambiguous and perhaps not useful in resolving or working towards resolution of the matter. It was their understanding a variance would be needed with respect to parking issues. He circulated a copy of an agreement signed by Dr. Handlemann and the Calvary Temple agreeing 10 to mutual sharing of each other' s parking facilities. He addressed other items of concern: signage, ratio of the size of the building on the existing lot area, and the issue having to do with parking setback. He suggested making approval of the resolution subject to Dr. Handelman coming in to the City to apply for the necessary variances. He noted that none of the issues impacted adversely on the neighborhood. Councilmember Meland felt the resolution before Council had to stand by itself and any other issues would have to be handled as they arose depending on business decisions made by Dr. Handleman. In answer to a question from Councilmember Mitchell , the City Attorney said that in approving the increased intensification of a non-conforming use, which in essence is the issue before Council , it is often through this type of appeal . Subsequent to that, variance requests are made. He believed it was staff's anticipation of that process to bring these issues before the Council when the resolution for approval was before it. The City Manager said it was not fair to staff or the property owner to have the issues come up three or four months in the future and have someone question why the issues were not brought up when the resolution was before them. Mayor Hanks was under the impression this was before Council because the owner wished to expand -- not that another business might be going in there. He also wondered if there were some way to get rid of the homemade sign facing on Minne- 1110 tonka Blvd. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt the resolution. -91- City Council meeting minutes May 2, 1988 u Councilmember Strand said he would again oppose the motion. He was concerned about the invasion of R-1 residential districts by any use other than residential . He thought the proper approach in the present matter was to change the zoning. Being right on the border of Hwy. 18, rezoning _was perhaps more appropriate. The motion failed 3-3 (Councilmembers Battaglia, Strand, Mayor Hanks opposed; Councilmembers Duffy, Meland and Mitchell in favor) . It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to defer the matter to May 16. The motion passed 6-0. 8j. Long-range planning Resolution establishing policy for Resolution 88-48 long-range planning for City Council It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-48 entitled "Resolution establishing a policy for long-range planning for the City Council of the City of St. Louis Park." The motion passed 5-1 (Councilmember Meland opposed) . 8k. Equitable Life Assurance Reinstatement of special permit. Resolution 88-49 It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-49 entitled "A resolution rescinding Resolution 86-107 adopted on July 21 , 1986 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park ordinance code relating to zoning to allow , the construction of a 19 story, 356,234 sq. ft. office building for property - located in the PUD, planned unit development district, at 400, 450 and 600 So. Cty. Rd. 18." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Preliminary PUD: Hwy. 100/Hwy. 7 Preliminary PUD: Zoning change from 1-1 to PUD at Hwy. 7/Hwy. 100 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to approve the preliminary Planned Unit Development District. Brian Weber, Can American Realty, general partner of the developer, gave a brief presentation of what was proposed for the property, construction of a 156-unit luxury, conventional , market rate apartment project in a 50-50 one and two bedroom split. Councilmember Meland asked if the general partners had had any activity in this area. �'/ Mr. Weber said they had developed 2500 units of apartment developments in the Twin Cities, most recently in Eagan. -92- City Council meeting minutes May 2, 1988 - The motion passed 5-0-1 (Councilmember Mitchell abstained) . 9b. Sunset Ridge Condominiums Amendment to servicing agreement By consent, motion to approve amendment. 9c. W. 38th St. update Traffic management Councilmember Battaglia said he had had a number of inquiries as to what is going on relative to this area. He wanted to make it known that a traffic management study is going on and there ought to be some type of resolution by May 16. 9d. Traffic study 288 Parking restrictions along one side of Alabama Ave. between Minnetonka Blvd. and W. 27th St. By consent, motion to authorize staff to hold a neighborhood meeting 9e. Renovation: City Hall It was moved by Councilmember Meland, seconded by Councilmember Duffy, to direct staff to proceed with implementation of the renovation plan and advertise for bids. 10 The motion passed 6-0. 9f. HRA minutes April 12 By consent, minutes ordered filed. UNFINISHED BUSINESS 10a. Boards and Commissions No business 10b. Community Education budget It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the 1988-89 Community Education budget. The motion passed 6-0. MISCELLANEOUS 12a. Claims Kim Calott By consent, claim referred to City Clerk and City Attorney 12b. Communications from Mayor 11110 He brought Council up to date on the LRT committee meetings being held. He said that at the most recent meeting, adoption of downtown tunneling was adopted on a 17-16 vote. He said at the present time, the route from St . ? ouis Par'~ orr qi `','nwood alno the )",10," :',e1 tr;' ' i,a, -pf 1 i•.t. : Ii- r, I. t , roiot ;3)-1..1 'it , City Council meeting minutes May 2, 1988 12c. Communications from City Manager The City Manager reminded Council 1 of the LMC conference and AMM annual meeting. He noted the schedule of interviews of executive search firms on May 9. Also an update on Charter and state law provisions for inclusion in their policy books. Also, he requested an executive session to discuss threatened litigation as it relates to a personnel matter. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated May 2, 1988 in the amount of $472,350.47 for vendor claims and $6,783.30 for payroll claims was approved and the City Manager and City Treasurer directed to issue checks in the appropriate amounts. 14. Adjournment The meeting was adjourned at 9: 10 p.m. :• W ) Azeir_itx.) Ly r Hanks, Mayor „Lk On,{ co g Secretary -94-