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HomeMy WebLinkAbout1988/07/05 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 5, 1988 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None. 3. Roll call The following Council members were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman Lyle Hanks Also present were the Acting City Manager, City Attorney, Director of Planning, Director of Public Works and City Assessor. 4. Approval of minutes It was moved by Council member Battaglia, seconded by Council member Duffy, to approve 4111 the minutes of the June 20, 1988 City Council study session. The motion passed 5-0-1 (Mayor Hanks abstained) . It was moved by Council member Duffy, seconded by Council member Mitchell to approve the minutes of the City Council meeting held June 20, 1988. The motion passed 5-0-1 (Mayor Hanks abstained) . Councilmember Battaglia, seconded by 5. Approval of agenda It was moved by / Councilmember Meland, to approve the consent agenda with the removal of 9b to the regular agenda. The motion passed 6-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the agenda. The motion passed 6-0. PUBLIC HEARINGS 6a. South Oak Pond expansion Babe Golden requested that -the assessment Resolution 88-75 payments be deferred under there is development on his property. 'he City Assessor said that would not be a problem and would no doubt be dealt with at the assessment hearing which would be held after the project is completed. There being no one further wishing to speak, the Mayor closed the hearing with the right -132- City Council meeting minutes July 5, 1988 of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-75 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 86-11 : South Oak Pond expansion." In answer to a question on the background of this project from Councilmember Battaglia, the Director of Public thatisdoeslruned offthe fromoael005yearlis eventoisxheld anand n existhatarea.hold- ing pond so that water Councilmember Battaglia asked what were the ramifications if this project were not constructed. The Director said the project meets the requirements of the watershed district for development in that sub-watershed MC-19. He said projects such as the Cosco project were only permitted to be developed because the watershed district knew the South Oak pond expansion was to be done, and that those properties, along with Goldens, would be assessed their fair share for the project. The motion passed 6-0. 6b. American Legion Variance in front and rear yard setback Resolution 88-76 at 5707 Excelsior Blvd. Bruce Levine, 4045 Xenwood, asked for definition of what was being acted upon that evening. The Acting City Manager reviewed the results of the meeting staff held with the neighborhood and the Legion. What was being considered tonight was construction of the Phase 1 parking lot and institution of permit parking in 1988 and evaluating this action and design/construct public improvements, if needed, in 1989. Mr. Levin brought up a number of items which he felt weren't part of Council 's delibera- tions that evening: parking planned by the Legion was substandard in width and length of parking stalls; he had heard nothing about elimination of parking on 40i St.; the barrier; prohibition of vehicular traffic from Xenwood into the Legion parking lot; and who would be paying for the cul-de-sacs. The Acting City Manager addressed each of Mr. Levine's comments and referred to the minutes of the neighborhood meeting. Councilmember Duffy said the configuration and details of the parking lot will be thoroughly reviewed by staff prior to the Legion's application for a special permit. Arthur Kane and Joe Fazzazzi also presented their concerns. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-76 entitled "A resolution granting variance in front and rear yard setbacks from Section 14-135(5) of the Ordinance Code relating to zoning to permit a front yard setback of 9 feet instead of the required 30 feet and a rear yard setback of 7 feet instead of the required 25 feet for a parking lot Excelsior Blvd.";single direct staffsnce to develop districtand permit parking business prog program at 5707 E c -133- III'ty Council meeting minutes ly 5, 1988 on, but if Council directed staff to move ahead on that, they would. Councilmember Duffy amended his motion to eliminate the words "to take effect when the Legion parking lot is completed", meaning Council directs staff to institute a permit parking program. This was agreeable to Councilmember Meland. The motion passed 5-0-1 (Councilmember Battaglia abstained) . Councilmember Battaglia commended the neighborhood and residents in their efforts towards resolving this issue. He encouraged all concerned before finalization of the special permit to try to work out a solution so everyone doesn't have to go through a series of hearings again. 6c. Amendment to Comprehsive Plan East side of Virginia Ave. between 28th St. and Burlington Northern Railroad John Smith, applicant, said that the current proposal shows the east 12 acres used as business and the west 5.4 acres for housing. The business center would consist of office warehouse for small users; the housing would be 130 units on the 5.4 acres. The two elements would be separated by a water holding pond, i. and trail . Access would be from 28th St. He said they were requesting that Council lter the proposed amendment to the zoning map to provide an additional alternative nd use, PUD zoning, of the entire parcel providing for high density use on the st 5.4 acres and office/warehouse on the remaining easterly 12 acres. Arlis Grossman, 1640 Virginia Ave. So. , asked if Council was not tonight approving an amendment to the Comprehensive Plan. The Acting City Manager said that was correct. Ms. Grossman expressed her concern that what the developer was proposing was not consistent with the zoning change approved by the Planning Commission and before the Council that evening. Among her concerns were that the mid-density area on the westerly edge is changed to high density; the proposal reduces in the resolution's Alternative 4 the residential area from approximately 11 acres to 5 acres and increases the density from 91 proposed townhomes to 130+ proposed units on 5.4 acres; the proposal doubles the industrial area from 5.8 to 12 acres; all of the foregoing substantially increases the traffic. Finally a finger of industrial development is being injected into a residential neighborhood. She was requesting that the amendment to the Comprehensive Plan as set forth ,in the resolution before Council be adopted and direct the developer to come up with a proposal consistent with the amendment. In an attempt to clarify where the issue stood, Mayor Hanks asked if Council was being asked to adopt the resolution amending the Comprehensive Plan using plans 1 and 4 from which they will come back to present a PUD. The Planning Director Said that essentially was correct and in addition the developer was asking that he expanded industrial and increased high density be inserted as another alternative n addition to the one recommended by the Planning Commission. ouncilmember Mitchell thought the intent was to bring consistency between the Comprehensive Plan and the zoning ordinance. He was very confused by the number of alternative proposals being presented. He said Council had changed the zoning and should not the Comprehensive Plan be in concert with that zoning. He asked the City Attorney if the language in the resolution did indeed bring the Comprehensive -135- 7 City Council meeting minutes July 5, 1988 Councilmember Battaglia still had a problem with the fact that the Comprehensive , Plan was still not being brought into conformance with the zoning ordinance by this action. He said he would like to see those two elements brought into conformance with eachother and that some sort of remark can be included in the text that alternatives would be reviewed on a case by case basis. , Councilmember Mitchell thought this would once again be involving alternatives which is what Council was currently dealing with. The City Attorney restated what the Director had said, keeping in mind that the Comprehensive Plan looks to the future, not necessarily the current zoning, the Planning Commission felt that there could be two alternatives recommended. Council has the discretion to amend the Planning Commission's recommendation, to delete the proposed alternatives or to recommend others. It was recommended the alternatives . be specific. Mayor Hanks questioned whether 190 units of mixed housing, all coming out on Texas Ave. , was what the neighborhood residents really wanted on this property. Councilmember Mitchell withdrew his motion. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia to direct staff and the City Attorney to draft a new resolution that brings the Compre- hensive Plan into strict compliance with current zoning. The motion passed 4-2 (Mayor Hanks, Councilmember Meland opposed) . 6d. Official Map Appeal of John Smith to the Official Map It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to continue the matter to July 18, 1988. The motion passed 6-0. PETITIONS, REQUESTS, COMAUNIC;ITIONS None. RESOLUTIONS AND ORDINANCES 8a. Pesticide ordinance Second reading of ordinance Ordinance No. 1750-88 It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to , waive reading and adopt Ordinance 1750-88 entitled "An ordinance amending the St. Louis Park Municipal Code relating to Pesticide control by the addition of Sections 11-1100 through 11-1105." Mayor Hanks if all pesticide companies would be notified. The Acting City Manager said they would be sent a letter. The motion passed 6-0. -137- City Council meeting minutes July 5, 1988 . Tax forfeit land1111 1320 Kentucky Ave. Resolution 88-77 was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-77 entitled "Resolution authorizing reconveyance of tax-forfeited land at 1320 Kentucky Ave. So. to the state and requesting subsequent partial conveyance to abutting property owners." The motion passed 6-0. 8c. Securities for collateral It was moved by Councilmember Duffy, Resolution 88-78 seconded by Councilmember Mitchell , to waive reading and adopt resolution • 88-78 entitled "Resolution approving securities for collateral from Park National Bank, St. Louis Park, MN." The motion passed 6-0. 8d. 5725 Highway 7 Second reading of an ordinance changing Ordinance No. 1751-88 zoning from 1-1 to PUD Jeff Keyes, attorney for McGarvey, said all language in the ordinance had been worked out with the City's attorney. was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to t o ive reading and adopt ordinance 1751-88 entitled "An ordinance amending the . Louis Park ordinance code changing boundaries of zoning districts." The motion passed 6-0. 8e. KK proposal Special permit for retail shopping Resolution 88-79 center at northwest corner of W. 36th St. and Raleigh Ave. Mayor indicated there was a change under item 6, 5 feet should be 15 feet. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to waive reading and adopt Resolution 88-79 entitled "A resolution rescinding Resolution 7318 adopted on January 17, 1983 and granting special permit under Section 14-214. 101 of the St. Louis Park ordinance code relating to zoning to allow a retail shopping center with restaurants at 5105 W. 35th St. and 5100 W. 36th St. " The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Alley paving Preliminary engineering report: Alley paving, 3200 block between Florida 1/1and Georgia y consent, motion to accept the report and set a public hearing for August 1 , 1988. -1'18- City Council meeting minutes July 5, 1988 9b. Texas Ave. improvement Preliminary engineering report: Curb/gutter and paving on Texas Ave. from TH 7 to W. 36th Councilmember Meland noted that when this project was discussed as part of the Capital Improvement Program, there would be no assessment to residential properties on Texas Ave. because of the parking prohibition as outlined in the report. He wanted to make sure the residents did not receive notice of assessment for the work on Texas Ave. should they be property owners on the east side. It was moved by Councilmember Meland, seconded by Councilmember Duffy to accept the report, set a public hearing for August 1 and that residential property owners on the east side of Texas Ave. will not be assessed for the improvements. The motion passed 6-0. 9c. Salt storage facility: MSC By consent, a staff update on the estimated cost of constructing the salt storage facility at the MSC was received for filing. 9d. HRA minutes June 14 9e. Planning Commission minutes June 15 9f. Cable TV Commission minutes Items 9d, 9e, 9f received for filing by consent. UNFINISHED BUSINESS 10a. Boards and commissions None. 10b. Can-American Realty Proposedodevelopment at Hwy. 7/Hwy. - r Bryan Weber addressed the Council to say a revised tax increment proposal had been developed. He said the primary change was lowering the City's participation in the tax increment financing from a 10 to a 7-year period which ties the amount of increment financing they are asking through the rebate program to the cost of demolition of the grain elevators; secondly, the existing land owner has reduced the up front cost of land by approximately $1300 per apartment unit which will be paid off over time by the developer. Mayor Hanks asked if this proposal was similar to other tax increment financing proposals the City has participated in. The Acting City Manager said staff had researched that and found this proposal is similar to the Dominium proposal (Newport on Seven) where assistance was provided. Councilmember Mitchell said he was abstaining on this issue because of the owner's not bending a bit on the upfront costs. He also noted a potential conflict as the company he works for has a comparable property close by and even though he is not connected to that property, his voting would be inappropriate. -139- City Council meeting minutes July 5, 1988 n answer to a question from Councilmember Battaglia re taxes the City would eceive from undevelopment land vs. developed land vs. tax increment financing, r. Weber said he could provide ballpark figures: if the property were up and xisting today, they would be paying approximately $1500 per dwelling unit to the tax increment jurisdiction, probably Hennepin County. The City's percent take of that would be 20-25%. In this case the $1500 per unit minus the $500 rebate leaves about $1000 per unit and 100% of that in a housing tax increment district goes to the City or City's HRA as opposed to going to the top level and then filtering back down. It was moved by Councilmember Duffy, seconded by Councilmember Meland to direct staff to proceed with drafting an agreement for tax increment financing. The motion passed 5-0-1 (Councilmember Mitchell abstained) . NEW BUSINESS lla. Church of Good Shepherd Gambling license By consent, motion to approve. llb. Benilde St. Margaret Gambling license By consent, motion to approve. MISCELLANEOUS 2a. Claims Gwendolyn LaCroix Knutson Construction Jim Shaver By consent, claims referred to City Clerk and City Attorney. 12b. Communications from Mayor The Mayor reminded Council of the party for Jim Brimeyer on July 7. Mayor Hanks noted Sharon Klumpp was officially Acting City Manager as of that evening. Mayor Hanks reminded Council to inform staff of their intention to attend the National League of Cities conference in Boston on Dec. 3-7. 12c. Communications from Acting The Acting City Manager introduced City Manager the administrative summer intern, Jim Yarosh. She reminded Council of the AMM breakfast at 7:30 on July 13. IOelative to the study session on July 11 , three items are scheduled for discussion: oise levels at 1600 Princeton Ave. ; Mercer/Slavin presentation on Planning/HRA rganizational study; and legislative items n July 25, Council will plan a long-range planning session. -140- • City Council meeting minutes July 5, 1988 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated July 5, 1988 in the amount of $561 ,544.28 for vendor claims and $12,261 . 17 for payroll claims be approved and the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 13b. Final payment Resolution 88-80 1 . Halvorsen Construction, alley paving and random sidewalk repair. Amount: $1 ,064.79. By consent, motion to waive reading and adopt resolution authorizing payment. 14. Adjournment After returning from an executive session, the meeting was adjourned at 9:40. May r 6.41AA /14,16/4) ecording ecretary -141-