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Home My WebLink About1979/09/24 - ADMIN - Minutes - City Council - Regular (2)� � 1. ?, Call to Order Roll Call MINUTES ' CITY COUNCIL MEL'TING ST. LOUIS PARK, MINNESOTA September 24, 1,97g A special meeting of the City Council was called to order by Mayor Howard at 7:37 p.m. The following Councilmen were present at roll CS1�. w Ronald Backes Lyle Hanks John Ralles Councilman Martin arrived at 7:45 p.m. Martl�a Elstrom Keith Meland Frank Howard Also present were the City Manager, City Attorney, Director o� Planning, City Engineer and City Assessor. 3. Approval of A�enda The motion passed 6-0. 4. 1980 Proposed l;ud ge t Sa. Pro ject 73-26; Resolution No. 63h7 It was mov�d by Councilman Ra11es, seconded by Counc ilman Meland, to apProve the agenda for September 24, 1.979, a� presenred. The City Cnur�c il. reviewed L1-ie ��roposed 1980 btid�;et �t a separ.aL� ��ss�i.on aiid will meet again on the item at 6 p.m., Octol�er 2, 1979. PUBLIC H�ARINGS As�e��m�nt, 1'rojc�ct 73-2(�, w��term�iln, West 28 Streel, �» dc��crlbcd �n �o�lcc of }learin� puhlishecl Septcaml�er 19, 1979. Tl�� Council wa� informed �he market improvement valu�tian in tl�e rro j ec t��id is o C rlie o� the par.cels by the toCa1 City �s�c��c�r li�� m��dc ,.� hetnr� nnarcels� anal.y��.� on a��cl�i or �� r.nh�nredrhe valu� opin ion � l �l .��:�es�mc� amounL' o� the �p�'cir�J. r�esr.5sment. asl.ce�i wl�i�3� �o��i.Cuted a�mit; t7c said r�r. Lundeen �340 Wes� 2� 5tr.e�r, A��,�q�r c,x�].ai.ned � unit he would be � aesessed �for 2. S unj. ts .'rhe C� Cy ,_ �mI l_ hc�use may be is the amount of. r�c��l�xed 1A11(� ui�on wht�:h `' slrc,m��t� oF�the Ordinanc� constructed • Chexe�"�x� �ccor.d�ln� �o rl�� r�qu Code: � � 9,400 squar� feet. �-30]� � City Council minutes, Septiember "l4, 1y�7 his property is 2�� eet in width, the Mr. Lundeen noted although ,�herefore, two houses could not be house is located in the cen�erThe City Assessor explained if the house constructed on the property. �ould be rebuilt with more . the property was destroyed or Hemnoted the property tlas never been platted. than one house. Douglas Johnson, 9 403 West 28 Stzeet, said he would be assessed for two 'ts and he believed he had more frontage than he.deutheenMr.TJohnson uni City Assessor agreed, but said he did not have t Sicall said he had been informed by a realtor it would be phy y im ossible to build two structures on the property. The City P Assessor noted the water had been connected forilin lots, an that many houses in St. Louis Park have been built upon p �• The City Manager called the Council's attentionntRailroaderrotesting September 21, 1979, from the Burlington Norther P its proposed assessment. He suggested that if the p rotest is sustained by the Courts, a second public hearing may be necessary. John Herran, representing the Railroad, stated that in recent decisions, the Courts have ruled that special benef it must apply to properties which are proposed to pay for improvemen ts; he conCended that the fact that sewer and�water had been installed within the street did not provide special benefit to the Railroad. Andrew May, 9300 West 28 Street, suggested that if curb and gutte� were constructed in the future, there will be benef it to the Railroad to prevent washout; also, water in the area is a def in ite benef it to the Railroad, should a train cause sparks and a fire. Lawrence Strand, 9200 West 28 Street, questioned the charge for connecting a stop box, in that he had previously paid a SAC eharge of $425. The City Assessor explained all properties must pay to extend a copper pipe from the street to the property line plus a shut-off valve. The City Manager explained the SAG charge is a payment to the Metropolitan Waste Control Commission, none of which is designated for the City. He said if a property owner does not pay the charge, it would have to be taken from the general fund. He added it is totally outside the control of the City. Richard Olson, 9204 West 28 Street, said it was d isturb ing to him that the actual cost of the project was approximately 40 percent higher than the estimate. The Mayor and City Manager explained that the bids received were higher than anticipated, and it was also more expensive to locate the line under the Railroad track. There being no one further wishing to speak, the Mayor decla�'ed the hearing closed. Mayor Howard said it was his understancling that if the Railroad is noc required to pay its shar� of the improvement, the addi[ional costs �+��t either be paid from the general fund or spread among the remaining 16 property owners. He said the City Attorney believes the Counci� has one °P�ion: To adopt the resolution adopting the assessment. City Council mint�tes, September 24� 1979 Ic �3s �ved by Councilman Hanks, seconded by Council ► readin8 and adopt Resoiution No. 6367 ��rt�n� �;si�e � , entitled assessment Im tovement No. 73_26 �� Resolution �d�pting � p , the assess�nent role rpma�ning as proposed by the City Assessor. Ttle �aotion passed 7-0. to Coun�ilman Hanks explained that when making.the motion it was because h� believed that the matter would be reconsidered by the Council, should C}�Q Courts not require the Railroad to pay its share of the pro�ect cost. The City Attorney expla ined fihe law permits the Council to make a supplemental assessment in t�e event there is a finding of error in the assessment and if there is also an accompanying finding that there is benefit to properties in excess of the amount they have previously been assessed. Councilman Hanks wondered why, at the time the improvement was ordered, the Council was not informed that the Courts might sustain an appeal. The City Attorney said several Court decisions have been rendered in the last 12 to 14 months which have somewhat modified requiremen�s by which cities must f unction. Councilman Hanks b elieved t�e abutting property owners would benefit; however, the entire City will pay. � Later �n the evening, the Mayor asked continue to surrender to the railroads cited examples of existing housing upo been railroad track. Councilman Hanks asked the City adopt�ng the assessment role for he City Attorney if cities will upon an assessment appeal. He property which had,. in the past, At torney if the Council could defer the sewer project (73-27). The City Attorney agreed deferral would be continued the Supreme Court has ruled that indicate a change in use, there is a basis not have to be literally a changed use, but a possible alternative. He if there is some basis to then for assessment—it does the likelihood of change. Councilman Martin suggested the Railroad's assessment could be deferred until such time that the use of the property is changed. 5b• Pr__o�_e_ct73-27; Resolution No. 6368 Assessment, Project 73-27, sanitary sewer, West 28 Street, as described in Notice of Hearing published September 19, 1979. The Council wa f rmed the City Assessor has made a befSsedaII�rcelsrin s in o of the ass� P market improvement valuation analysis on each th� r' on that all assessments enhanGe the value p o�ect and is of the opini ecial assessment. of the parcels by the total amount of the sp -303- •� Council minutes, Septembex 24, 1979 Cl y erran, representing the Burlington NorCh�snidenti�cal� John H proposed assessment. He srated the siCuat on o'ect (73-26)� excep� the assessment is tripled. He said pr � project provides no benefit to the Rallroa . Trere bein g no hearing closed. protested the to the water the one further wishing to speak, the Mayor declared the Councilman llatlks asked assessment role, would reassess the Railroad's the City Attorney i:E the Council adopted the ir be denied the opportunity, if necessary, share to the other 16 benefiting property to owners. The City 1lttorney explained rhe option of the Council is to adopt the role as it is, and �f there is a later finding by �he Council that there had been an error as adopted, the Council is given the right to make a supplemental assessment which would require a f_indir�g of error and additional benefiL to the properties. He said an alternative procedure would be to make a modification in the assessment prior to adoption based upQn a finding that it should be other than proposed. It was moved by Councilman Hanks to not assess the Railroad for sewer in the amount proposed. � The motion failed for lack of a second. It was moved by Councilman Meland, seconded by Councilman Backes, �o waive reading and adopt Resolution No. 63b8, entitled "Resolution adopting assessment, Project No. 73-27." � Councilman Hanks stated he could not support the motion; if the Railroad does not pay its share of the improvement, all of the City's citizens must pay thousands of dollars for a project f rom which they will not benef it . The motion passed 6-1 (Councilman Hanks opposed). Sc. Project 76-08; Resolution No. 6369 Assessment, Project 76-08, paving, curb and gutter, east of City Hall area, as described in Notice of Hearing published September 19, 1979. The Council was informed the City Assessor has made a market improvement valuation analysis on eaeh of the in the improvement project and is of the opinion that enhance the value of the parcels by the total amount assessment. before and af ter assessed parcels all assessments of the special Mrs. Robert B. Good, 3020 Monterey Avenue, stated her proposed sidewalk assessment for 32 square feet was incorrect. The City Assessor explained the correct assessment would be for 32 square inches. � -�304- _ _ .� -�.--...� �ity Coun�il minutes, �eptember 24 � 1979 c�►�l Comf�ld, representing B'Nai Eme.t Syna o � g gue, explained the �\,`13�og�� is a nonprofit agen�y and would experience difficulty pa in � �y �h�re of the assessnent . She also asked wh the s y g in the � ast, had not been installed at Ottawa Avenue/Ni�ph�re� approved of the pcoject. ��aq 7 a$ part �},�r Howard explained any reduction in assessment would have to be p;;id by some other property owner. Th� City ?�Canager ex�lained the State Highway Department has postponed 1zS plan fo�r the general improvement of Aighway 7 bet�een Ingiewood and Highway 100 which would have included a signal at OttaWa. There being no one further wishing to spea�., the Mayor declared the hearing closed. It�aas moved by Councilman Meland, seconded Waive reading and adopt Resolution No. 6369, adopting ass�ssment, Improvement No. 76-08." ?he motion passed 7-0. 5d. Project 76-34; Resolution No. 6370 by Councilman Martin, to entitled "Resolution Assessment, Project 76-34, paving, curb and gutter, Louisiana Avenue service road, as described in Notice of Hearing published September 19, 1979. The Couneil was informed the City Assessor has made a before and after market improvement valuation analysis on each of the assessed parcels in the proj,ect and is of tt�e opinion that all assessments enhance the value of the p arcels by the toeal amount of the special assessment. There being no hearing closed. one present wishing to speak, the Mayor declared the It was moved by Councilman rieland, seconded waive re�ding and adopt Resolution No. 6370, adopting assessment, Improvement No. 76-34." The motion passed 7-0. Se. Proiects 77-38(A) (C); Resolution No. 6371 by Councilman Ralles, to entitled "Resolution Assessment, Projects 77-38(A)(C), street Edgewood Avenue, as described in Notice Hearing published September 19, 1979. The Council was informed the market improvement valuation in the project and is of the of the parcels by the total lighting, of City Assessor has m�de a b�essedaparcelsr analysis on ea�h of the ass opinion all assessments enhance the value amount of the 5pecial assessment. There being no one present wishing to speak, heazing closed. -305- the Mayor deGlared the _.�_�'�,. �, . . -..., � City Counc,�.l minuG�'s, Sept�mb�x' 24, ]_979 , secottded by Councilman Elstrom, C W�� mo��d ��y Councilman M�1and, �371 enritle�i "Resolution Z and adopt Resolution No. � to waive Te��-�.ng n� Imp�ovemenL- No. 77-38(A) ��) ,,� ado��t ing �ssessme � The motion passed 7-0. Sf. Pro'ecC 77-�1; Resolution No. 6372 AssessmenC, Project 77-61, �s described Boone Avenue, �ember Hearing published Sep traff ic signal, a.n Notice of 19, 1979. '1 was informed ttie City Assessor made a b efore and after market The Co�mci siS on each of th� assessed parcels in the improvement valuation analy inion that all assessments enhance im�rovement pro��ct and is of the oP rh e value of the parcels by the total amount of the special assessment. There being no one present hearing closed. wishing to speak, It was moved by Councilman rteland, seconded waive reading and adop� Rovement�No.o77661?" adopting assessment, Impr The motion passed 7-0. 5g. Project 7�-03; Resolution No. G373 the Mayor declared the by Councilman Backes, to entitled "Resolution Assessment, Project 78-03, a11ey paving, West 27 to 28 Street, between Webster and Xenwood Avenues, as described in Notice of Hearing pub�.�shed September 19, 1979. The Council was informed the City Assessor ras made a before and after market improvement valuation analysis on each of the assessed parcels in the improvement project and is of the opinion that all assessments enhance the value of the parcels by th� total amount of the special assessment. There being no one present wishing hearing closed. to epeak, the Mayor declared the zt was moved by Councilman Elstrom, seconded by Councilman Mart.in, ro waive reading and adopt Resolution No. 6373, entitled "Resolution adopting assessmenC, Improvement No. 78-03." The motion passed 6-0 (Councilman Meland was not present). 5h. Project 78-08; Assessment, Project 7$-08, street li�h[ing, Resolution No. 6374 Meadowbrook Manor, as described in Notic� of Hear�ng published September 19, 1979. The Council was informed the City Assessor has made market improvement valuation analysis on each of th e in the improvement proje�ct and is of the opinian that enhance the value o� the parcels by the total amount assessment. -306-- a bef ore �nd af ter assessed parcels a11 assessments of the special .: _— ._ -- — .� �.__.. .. __ --�-F..� .........,� .,.■+�^'cp'.� ' - City Council minutes, September 24, 1g�9 There being no one present wishing to speak, the Mayor decl:ared th hearing close. . e I�, was moved by Councilman Ralles, seconded by Councilman Elst waive reading and adopt Resolution No. 6374, entitled "Resolution�-to adopting assessment, Zmprovement No. 78_pg.�► The motion passed 6-0 (Councilman Meland was 6. �o=_ of Ethics BUSINESS not present), Proposed code of ethics subrnitted by the Charter Commission. � It was moved by Councilman Hank,s, seconded by Councilman Elstrom, to defer the item until the Council Committee on Ethics has had an opportunity to meet and review the document. The motion failed 3-4 (Councilmen Iianks, Elstrom and Martin in favor) . Councilman Meland noted that although the Charter Commission suggests that its proposed code of ethics be adopted in ordinance fornt, the preamble to the document was probably not the appropriate language for an ordinance. � It was moved by Counci].man Meland, seconded by Councilman Backes, that the City Attorney draf t Chree ordinances in th�e proper form dealing with: Conflict of Interest; Financia�. Disclosure; Campaign Contributions and Expenditures, for Council review and action. The motion passed 7-0. It was moved by Councilman Meland, seconde�l hy Councilman Ralles, that the Council consider limiting campaign expenditures to nat exceed $2,000 for ward office and $4,000 for City-w3de and Mayor. Councilman Hanks wondered how the amount of money spent on a campaign wouid be judged and controled, in that party affiliations and expendi,tures which would benef it an endorsed candidate, such as a sample ballot, would not be computed nor indicated in Che amount of money spent by a candidate. The motion was withdrawn.. It was moved by Councilman Backes, seconded by Councilman Meland, that the City Attorney draf t an ordinance relating to expenditur�s but leave b lan k spaces for specific amounts for the Counci T to determ�ne. Councilman Martin said he did� not understand tl�e purpose nor the Ph'�1oSoPhy which would require the amount of time necessary to adopt and enforce an ordinance regulating campaign expenditures. -307- r , �_.� '�. '' Y City Cauncil minu�eS, $ePtember 24, 19�9 Councilman �l�nk1�stheepresent the sii�ges t i-o whet}ier limiting spending may although he neither favored nor opposed time, the Council shoulci cox�sider be an advantage to all futu.re candidates. CounciJ.man t�ieland noted the Charter Commission proposal only dealt with the amount of money wtlich could be accepted and not the amount which could b� spent; he suggested the nature of the question was not within the realm of ethics but rather politics. He stressed if the Council adopts an ordinance which limits contributions, it should also limit spending. Councilman Niartin was determined that single to become unethical. curious upon what criteria.the Charter Commission contributions above $250 would cause the recipient Councilman Meland referred to Councilman Hank's expenditures and wondered if the Council wished benefits when computing contributions. statement about party to count these Counci�.man �lstr.om stated perhaps Councilman Meland's motion could indicate that the City Attorney should investigate Iimits on contributions and spending and campaigns in general. The moCion passed S-2 (Councilmen Hanks and Martin opposed). Councilman Meland hoped the Charter Commission would document should be reviewed and drafted by the City 7. Railroad Agreement; Resolution No. 6375 understand Attorney. that the Resolution authorizing agreement with MN&S Railroad for construction of Highway 12 frontage road. ' It was moved by Councilman Hanks, seconded by waive�reading and adopt Resolution No. 6375, authorizing agreement between the City of St. MN&S Railroad for Highway 12 frontage road." The motion passed 7-p, 8. Sweet Caroline's; Resolution No. 6376 Special permit request Class I restaurant at Councilman Ralles, to enti.tled "Resolution Louis Park and th� of Sweet Caroline's for 5600 Wayzata Bvuievard. It was moved by Councilman �ianks, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 637b, entitled "A resolution granting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zonin to ermit the ex ansion of a Ciass I restaurant in the DDD District at 5600 Wa z ta Boulevard.'' y a The City Manager ex transfer and understandSethehe applicant has waY binding upon t granting of C�e required he Council to automatically public hearing, The motion passed 7_p, -30�3- applied special grant for 2iquor iicense permit is in no such request at the _..�.�""� City Council minutes, September 24, 1g79 Proposed bond sale - authorization for employment 9. �Q� of fiscal consultant a 53�� and bond ratings (M,�& �prN�ing9�2�jion attorneys I� was moved by Councilman Meland, seconded by Councilman Martin, to . • authorize issuance of $1� million G.O. bonds and $2-3/4 million Special assessment bonds; to engage Miller and Schroeder Municipals, Inc., to serve as f inancial consultants and the firm of LeFever Lefler et al to render the required legal opinions; to secure current credit ratings from Moody's and Standard & Poor's. - 1'he motion passed 7-0. It was moved by Councilman Backes, seconded by authorize Councilmen Hanks and Meland and Mayor staff and the consultants to �tew York City. The motion passed 7-0. 10. Adiournment Attest: Beveily Flanagan Recording Secretary Councilman Howard to Meland, to accompany On motion of Councilman Ralles, seconded by Councilman Martin, the meeting was adjourned at 8:55 p.m. by a vote of 7-0. (At this time, the Council reconvened its budget review meeting.) -309- fJ