HomeMy WebLinkAbout1986/06/16 - ADMIN - Minutes - City Council - RegularMINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
June 16, 1986
1. Call to Order Mayor Hanks called the meeting to
order at 7:30 p.m.
2. Presentations Mayor Hanks presented a plaque
to former First Ward Councilman
Richard Stroh] in appreciation for
his service on the Council.
3. Roll Call The following Council members were
present at roll call:
Ronald Backes Larry Mitchell
Allen Friedman David Strand
Keith Meland Lyle Hanks
Also present were the City Manager, City Attorney, Director of Public
Works and Director of Planning.
4. Approval of Minutes It was moved by Councilman Meland,
seconded by Councilman Strand to
approve the minutes of the June
2, 1986 Council meeting.
Councilman Friedman asked if there could be less editorializing in
the minutes.
The minutes passed 6-0.
It was moved by Councilman Backes, seconded by Councilman Mitchell
to approve the minutes of the City Council study session of June 9,
1986 with the following corrections: Councilman Mitchell said it was
his recollection that the traffic study in the Turner's Crossroads
area was going to come back to a study session before coming before
Council. Councilman Friedman said that in the discussion of the cable
needs assessment, he did not mean to say "let the market take its toll."
He had meant to say "let the market regulate. . ."
The motion passed 5-0-1 (Councilman Strand abstained).
5. Approval of Agenda
The motion passed 6-0.
It was moved by Councilman Strand,
seconded by Councilman Mitchell
to approve the consent agenda with
the removal of item 9r.
It was moved by Councilman Backes, seconded by Councilman Mitchell
to approve the agenda for June 16, 1986 with the following addition:
Ila. I-394 study
The motion passed 6-0.
City Council meeting minutes
June 16, 1986
and maintain or replace the equipment. He felt it fair to say that if financial
performance does not meet expectations, one of the first areas to be cut
would be local programming.
Councilman Strand said he would like to see language incorporated into
the new franchise which would assure the company's cooperation and support
for all access programming.
In answer to a question from Councilman Strand, Mr. Kazma said they had
one other 54 -channel facility in Texas.
Councilman Strand asked why the figures on national market penetration
projections were relevant to this market. What might be reasonable in the
rest of the nation did not necessarily apply to St. Louis Park where people are
involved in summer and winter activites outside.
Mr. Wegemer said an important factor was the relative newness of cable to the
Twin Cities. He felt it was just a matter of time for the projections to
be relevant as more and more people become acquainted with what cable has
to offer.
Councilman Strand asked Don Richards, financial consultant, for his comments.
He said his figures were an attempt to test "what if" relative to their
figures on penetration. He felt that was the most vulnerable assumption
they had made. As an example he chose the example of a number of expense
items in a cable system that vary directly with revenues and the number
of subscribers. He went on to explain what the purpose was for the model
he had developed.
Councilman Friedman asked if this type of test wasn't so general it couldn't
be applied to any like takeover.
Mr. Richards responded that anyone's revenue assumptions could of course
be tested. In the present case, the point was how much cushion was there
to deal with those assumptions.
Councilman Friedman asked if the issue were not approved, would the City
stay with Storer, to which the attorney responded it would. Councilman
Friedman asked if the City stayed with Storer, would we have the same
problems.
Mr. Richards said the present cable company was at a level now where
if they could sustain, they would do just fine in terms of internal cash
generation.
In response to a question, Mr. Richards said Nortel could not now come
in and do as well as Storer because of the financial structure - Nortel's
cost base is different and Storer does not have very much debt involved
in its operation at this time.
Councilman Strand felt if the financial position of Amzak Corp. was sound
he did not have any problem proceeding with the single guarantee.
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City Council meeting minutes
June 16, 1986
Mr. Richards felt that Countryside Cable, being some five times larger
that Amzak in terms of liquid assets, was a better potential guarantor.
He said that Countryside was a viable part of the partnership.
Councilman Backes sought clarification on the performance guarantee. Mr.
Rollow said there was a $50,000 franchise bond required by the franchise
which would remain in place. As additional assurance during the construction
period, a $100,000 letter of credit would be posted.
Mayor Hanks commented on the fact that when the cable franchise went
into effect in 1913, it really was the City's baby and the cable company
was very involved in its development in the community. Then the cable
offices moved to Fridley, and St. Louis Park was sort of abandoned. He
wanted to see the cable company tied back into the community and this
would best be accomplished at refranchising time.
There being no one further wishing to speak, the Mayor declared the hearing
closed with the right of Council to reopen and continue it at a future
date.
It was moved by Councilman Mitchell, seconded by Councilman Meland, to
authorize staff to prepare a resolution of approval contingent upon the
applicant's ability to provide the necessary legal assurances as set
forth in the report and that in recommendation No. 1, the words Union
w Mutual be deleted and change"early' franchise to"present' in recommendation
No. 3.
Councilman Strand asked if he understood correctly that the improvements
were to cost approximately $600,000, and if so, isn't the $1 million
bond somewhat excessive.
Mr. Matz felt the $600,000 figure for upgrading was definitely low.
Councilman Friedman asked that if the proposed transfer did not go through,
what guarantee did the City have that the system will change at all.
What guarantee was there that the headend construction was going to be
done by anyone. Also, how does the City find out what the actual figures
are - instead of the guesses tossed about this evening.
Mr. Matz said at the time of the transfer to KKR, Storer made a commitment
to upgrade the system, providing 54 channels and addressable converters
if they were to retain ownership of the system.
ter. Kazma said their bottom line cost is $1.4 million, not $600,000.
The $600,000 is to replace elecLronic equipment on the poles, known as
plan". He said they had always had the converter cosi in their projections
- he, as a cable person, separates these out.
Councilman Strand called the question, which was seconded by Councilman
Mitchell. The motion passed 6-0.
The motion passed 6-0.
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City Council meeting minutes
June 16, 1986
6c. Special permit: 8209 W. 30J Special permit request to construct
Re—solution 86-75 a 4 -stall garage at 8209 W. 301
St.
Mr. Eliot Wolson, applicant, was present to answer questions. In answer
to a question from Mayor Hanks as to whether or not he was aware of the
conditions and that they were agreeable to him,, Mr. Wolson said that was
correct.
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 Councilman Backes, seconded by Councilman Strand, to waive
reading and adopt Resolution 86-75 entitled "A resolution granting special
permit under Section 14-141(9) of the St. Louis Park Ordinance Code relating
to zoning to permit the construction of a four -stall garage for an apartment
building for property zoned R-4, multiple family residence located at 8209
W. 301 St."
The motion passed 6-0.
6d. Special permit: 7115 W. Lake St. Special permit request to expand
Resolution 86-76 a manutacturing ana warehouse facility
at 7115 W. Lake St.
Roger O'Shaughnessy, Cardinal IG, explained what they were requesting.
He said the only significant item left unresolved, after approval by the
Planning Commission, is the question of flood storage. He said a new plan
was submitted to staff on May 30 in which they have recovered one-half
of the flood storage previously lost. He said Cardinal has largely been
put in this position because of the resolution of the Reilly creosote problem
and the fill that has been put in the floodplain already. The Minnehaha
Creek Watershed District has told Cardinal that if the City chooses to
approve this project, they will also.
Councilman Backes asked if there were any comment from staff relative to
the new plan submitted May 30.
The Director of Planning said that he and the Director of Public Works
do generally agree with the .75 flood storage area.
Councilman Backes asked how that related to the filling and other proposals
for the immediate area the City is required to carry out.
The Director of Planning said that on an individual basis no requirement
has been made for property owners to increase their storage. He said they
were not asking Cardinal to provide for anyone else's storage.
Mayor Hanks wondered how this development might affect the City in its
attempts to provide for storage.
The City Manager alluded to the Capital Improvement Program and a plan
to increase the capacity of the pump at the Oak Hill pond. Staff's recommenda-
tion had been to not increase the pond, but take the money and commission
a consultant to do a study for the entire drainage district. He said the
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City Council meeting minutes
June 16, 1986
consultant was working on that at this time. The preliminary recommendation
of the consultant is that in addition to the shortage that exists in the
drainage district now plus construction planned in the immediate vicinity,
there is approximately a shortage of 55 acre feet of storage. One solution
might be to expand the Oak Hill pond by lJ times. If the DNR and flood
districts were to agree, the problem at Cardinal plus any other development
in the immediate area would be resolved.
Councilman Mitchell said he had some problem piecemealing this development
in light of what the City Manager had said.
The City Manager said one way to proceed would be to rewrite condition
No. 3 and revise the number from 1.5 to .75 and should improvements have
to be made, Cardinal IG would not be subject to pay for all of them but
to participate in the overall improvement.
Councilman Strand said as long as the Council has the right to assess for
the project in the future, then he was not uncomfortable approving the
request with conditions that evening.
Mr. O'Shaughnessey said his company would be amenable to participating
for their fair share of costs to implement a flood control plan in the
future.
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 Councilman Strand to waive reading and adopt the resolution
of approval with No. 3 to read .75 acre feet to be found on the site. He did not
feel in was necessary to require a statement of intent as part of the motion.
The City Manager thought condition No. 3 was to be eliminated and Cardinal
would agree to as much of a commitment as could be made to participate
and cooperate with a project in the future that would take care of not
only the proposed .75 storage here but the rest of the area.
Councilman Backes saw a problem in that in order to issue a building permit,
the conditions of the special permit must be satisfied and this could not
be satisfied because it would be a future condition. He thought condition
No. 3 should remain.
Mayor Hanks wondered if there was some way the condition could be worded
so the building permit could be issued.
Councilman Strand said as long as Council is able to assess Cardinal for
its share of the whole project, he had no problem deleting condition 3
at this time.
Councilman Meland asked whether it would be possible to word the resolution
in such a way that it would recognize that the City has intentions to undertake
a public works project that would solve the problem within, say, a year
and put that in as a date a year from issuing the building permit.
It was moved by Councilman Mitchell, seconded by Councilman Friedman to
defer the item to July 7, 1986.
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City Council meeting minutes
June 16, 1986
The motion failed 3-3 (Councilmen Backes, Meland, Mayor Hanks opposed).
Councilman Strand asked if those in opposition to deferment could offer
a resolution to the problem.
Mayor Hanks said he was opposed because he felt there was some way condition
3 could be rewritten to avoid holding the project up for two weeks.
Councilman Backes said he felt the applicant was comfortable with 1.5 being
changed to .75. He asked what problems staff would have with that.
The City Manager said that minor deficiencies, for example reduction of
a half acre, have been approved in the past. Sometimes this has had a cumula-
tive effect in the past. However, in the present instance, the property
owner is agreeing to find compensating storage and has expressed its agreement
for fair share assessment on a major project in the future. Based on that,
he felt staff had no problem in issuing a building permit.
It was moved by Councilman Meland, seconded by Councilman Backes, to waive
reading, adopt resolution No. 86-76 entitled "A resolution granting special
permit under Section 14-112.100 of the St. Louis Park Ordinance Code relating
to zoning to permit the expansion of a manufacturing and warehouse facility
for property zoned I-1, industrial district and F-2, floodplain district,
located at 7115 W. Lake St." with the language in condition 3 to be changed
from 1.54 acre feet to .75 acre feet and deletion of the words "prior to
issuance of a building permit."
The motion passed 5-1 (Councilman Mitchell opposed).
6e. Special permit: 6950 Oxford St. Special permit request for an open
eso u ion - storage yard at 6950 Oxford St.
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 Councilman Meland, seconded by Councilman Friedman, to
waive reading and adopt Resolution 86-77 entitled "A resolution granting
special permit under Section 14-171(6)(z) and 14.123.100(2) of the St.
Louis Park ordinance code relating to zoning to permit an open storage
yard for property zoned I-1, industrial district and F-2, floodplain district
located at 6950 Oxford St."
The motion passed 6-0.
6f. Specialpermit: 6541 W. 23rd St. Special permit request for a contractor
Resolution - yard at 6541 W. 23rd St.
There being no one wishing to speak, the Mayor declared the hearing closed
with the right of Council to reopen and continue it at a future date.
It was moved by Councilman Mitchell, seconded by Councilman Backes, to
waive reading and adopt Resolution 86-78 entitled, "A resolution granting
special permit under Section 14-171(6)(z) of the St. Louis Park Ordinance
Code relating to zoning to permit a contractors yard for property zoned
I-1, industrial district, located at 6541 W. 23rd St."
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City Council meeting minutes
June 16, 1986
The motion passed 6-0.
6g. Variance: 4346 Wooddale
Resolution86-79
Request for variance in allowable
square footage of an accessory
structure at 4346 Wooddale
Michael Cannon, applicant, clarified that his request was not for a 281
percent increase, but his request was to use 28J percent of his backyard.
It was not an increase.
There being no one further wishing to speak, the Mayor declared the hearing
closed with the right of Council to reopen and continue it at a future
date.
It was moved by Councilman Strand, seconded by Councilman Friedman, to
waive reading and adopt Resolution 86-79 entitled "A resolution granting
variance in allowable square footage of accessory structures from Section
14-108 of the Ordinance Code relating to zoning to permit the construction
of an above -ground swimming pool which results in 1,702 sq. ft. of accessory
structrures on the site instead of the allowable maximum of 1,000 sq. ft.
in the R-1 single family residence district at 4346 Wooddale Ave. So."
The motion passed 6-0.
6h. Variance: 4371 Dart Ave. Request for variance in lot width
at 4371 Dart Ave.
Councilman Strand said he would abstain as the applicant was a member of
his law firm.
Edgar Rex, applicant, addressed the Council. He said his neighbor has encroached
on the empty lot, his property, of approximately Q feet. He said in the
1970s the two lots were combined, why he didn't know. He was told the vacant
lot next to his property was a buildable lot. He felt issuance of the variance
would create one legal lot. It would cure the problem of the existing driveway
encroachment. He said his neighbors had no objection to what he was doing.
There being no one wishing to speak, the Mayor closed the hearing with
the right of Council to reopen and continue it at a future date.
Councilman Friedman asked how this request related to a similar problem
on Vernon and he wondered why it wouldn't be buildable leaving both lots
at 66 ft .
The Planning Director said each lot was substantial and would conform to
the minimum lot requirement of 9,000 sq. ft.
In response to Councilman Friedman's question of how this compared to the
Strand case, he said thelots were substantially below the minimum size
required in terms of area regardless of how they would be divided. In the
present case, the total area was greater than the minimum required.
Councilman Friedman thought the overruling consideration was lot width.
The Director said that in the Strand case they were asking for two variances,
one in width and one in area.
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City Council meeting minutes
June 16, 1986
It was moved by Councilman Meland, seconded by Councilman Backes, to authorize
the preparation of a resolution approving the variance request.
The motion failed 3-1-2 (Mayor Hanks opposed; Councilmen Friedman and Strand
abstained).
It was moved by Councilman Meland, seconded by Councilman Backes, to continue
the item to July 7, 1986.
The motion passed 5-0-1 (Councilman Strand abstained).
6i. Shelard Park zoning change Request for zoning change from
B-2 business district to PUD planned
unit development in Shelard Park.
Councilman Backes said he would be abstaining.
There being no wishing to speak, the Mayor closed the hearing with the
right of Council to thereafter reopen and continue it to a future date.
It was moved by Councilman Strand, seconded by Councilman Friedman, to
waive first reading, set second reading for July 7 and authorize summary
publication.
The motion passed 5-0-1 (Councilman Backes abstained).
6j. Zoning change: 2925 Monterey
Request for zoning change from
R-1 single family residence to
PUD planned unit development at
2925 Monterey Ave.
It was moved by Councilman Mitchell, seconded by Councilman Meland, to
waive first reading, set second for July 7, 1986 and authorize summary
publication.
The motion passed 4-2 (Councilmen Friedman and Strand opposed).
6k.
Knollwood special permit
Amendment to Knollwood
Mall
special
eso u ion Bb -88
permit to permit a Class
IV restaurant
at 8332 Highway 7
There being no one wishing to
speak, the Mayor closed
the
hearing
with
the right of Council to reopen and continue it at a future date.
Councilman Mitchell asked if the tables and chairs set out in
the
walkway
were
covered by Knollwood's rules
or did it fall under the City's
ordinances.
The
City Manager believed this
was governed by the shopping
center
rather
than
the PUD.
The Director of Planning said the tables in the food court are available
to the general public.
The Mayor said he was unhappy with the tables that have been put out on
the main concourse and was afraid that soon there would be tables all up
and down the concourse.
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City Council meeting minutes
June 16, 1986
The Director of Planning was not sure the management of Knollwood has concurred
with the placement of tables at that location. Secondly, the request before
Council was for a restaurant to be located only within the tenant space
itself. The space in front would be be an eligible space in which to be
eating and consuming food. If permitted, they would be in violation of
the special permit. If there were any doubt about that, another condition
could be added that would specifically and clearly state that while you
have allowed the kiosk area for other kinds of merchandising, this permit
would not allow for tables in the mall portion to be used for restaurant
purposes.
Steve Kouchi, shareholder in Lance, said they did not have a problem with
that restriction. He said most of the people consuming what they sell either
sit in the food court or while strolling the mall.
It was moved by Councilman Meland, seconded by Councilman Strand, to waive
first reading, set second reading for July 7, 1986 and authorize summary
publication and add a condition a that there be no tables in the aisle
in front of this tenant space No. 260.
The motion passed 6-0.
PETITIONS, REQUESTS, COMMUNICATIONS
None.
RESOLUTIONS AND ORDINANCES
8a. Taxicab licensing Second reading of an ordinance
Ordinance No. 2-86 re taxicab licensing
It was moved by Councilman Backes, seconded by Councilman Friedman, to
waive reading and adopt the ordinance, "An ordinance amending the St. Louis Park
Ordinance Code related to Taxicabs."
The motion passed 6-0.
8b. Vacation: Utility easement Second reading of an ordinance
Ordinance No. 1683-86 vacating a utility easement at
2560 Edgewood Ave.
It was moved by Councilman Meland, seconded by Councilman Mitchell, to
waive reading and adopt Ordinance No. 1683-86 entitled "An ordinance vacating
utility easement, Lot 6, Block 1, Tweedy's Third Addition."
The motion passed 6-0.
8c. Mandel/Boderman addition Irwin Mandel/Neil Boderman addition
Resolution - - 3750 Louisiana Ave.
It was moved by Councilman Meland, seconded by Councilman Friedman, to
waive reading and adopt Resolution 86-80 entitled "Resolution authorizing
payment to remove a contingency on the title of the plat of Irwin Mandel/Neil
Boderman Addition."
The motion passed 6-0.
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City Council meeting minutes
June 16, 1986
8d. Northland land exchange Northland land exchange: Hwy.
7/Ottawa Ave.
It was moved by Councilman Meland, seconded by Councilman Backes, to waive
first reading, set second reading for July 7 and authorize summary publication,
Councilman Mitchell asked what the comparable land swap was, the comparable
value and the size.
Councilman Strand agreed, asked that Council be provided with more information
on what the City was getting and what it was giving up.
The City Manager said he would provide exact square footages and amounts,
and that the exchange was favorable to the.City.
The motion passed 5-0-1 (Councilman Strand abstained).
Be. Sexual harassment policy It was moved by Councilman Meland,
seconded by Councilman Backes,
to waive reading and adopt the
resolution
Councilman Strand asked where the definitions in the resolution came from,
The City Manager said this was primarily taken from policies adopted by
other organizations including municipal corporations.
The City Attorney said the definitions also come from State law and Minnesota
Statutes.
Councilman Strand said that although the resolution appeared to be set
up very nicely with some teeth in it, when you get to the operative clause
he felt there should be a stronger statement such as the City Council
is opposed to any form of sexual harassment rather than just saying if
there is sexual harassment the Council believes it should be referred
to the City Manager, which ought to happen. But he wanted the statement
stronger as a reflection of Council's feelings. With reference to the
clause of anyone making a false complaint, he felt it might make someone
hesitant to come forward as they might later be adjudged to have brought
something that wasn't a true complaint.
Councilman Friedman said he did not find any standards in the resolution,
nor how the City Council would arrive at a conclusion of whether somebody
maliciously is subject to an accusation or is actually a perpetrator of
sexual harassment. He asked who would find someone guilty and what were
the provisions to protect people; is it just one person who makes a summary
judgment, is it to go before a board, or what.
It was moved by Councilman Mitchell, seconded by Councilman Strand, to
defer the item to July 7, 1986.
The motion passed 6-0.
Councilman Strand said he wanted the record to reflect that the Council
opposes any form of sexual harassment. He would ask that staff examine
again the last statement in the first Be It Resolved clause to make sure
Council is not giving a negative incentive to people to come forward and
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# City Council meeting minutes
June 16, 1986
ih.
that the Council needs to adopt some procedures for handling sexual harassmen
claims and perhaps saying that they will be handled the s t
11ilt claim of a City employee, ame as any other
8f. Securities for collateral
rt= eso u ion - Resolution approving securities
for collateral from Shelard National
Bank
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Cable tv needs assessmentIt was moved by Councilman seconded
Backes / by A NTRell
to recommend the City enter into
;j
of Minneapolitk s, tract Inc. and Hanson b Quick in the a conamount ft$10,134 to associates
conduct
a community needs assessment.
The motion passed passed 4-1-1
:! Strand abstained). (Councilman Friedman opposed; Councilman
�'�
9b. Per: Alley y-- ng Preliminary engineering report:
Alley paving of 3200 block of
Colorado/Dakota
1tWasmoved by Councilman Meland, seconded by Councilman Backes to set
Public hearing for July 7, 1986 and that staff schedule a neighborhood
meeting prior to the public hearing.
The motion passed 6-0.
9c. Traffic Study 354I
11 eso u lon
Traffic Study 354I: Cedar Lake
Rd. from Boone Ave. to 450 ft.
west of Stanley Rd.
It was moved b
wave readin y Councilman Mitchell, seconded by Councilman Strand, to
9 and adopt Resolution 86-83 entitled "Resolution requesting
the placement and removal of traffic control signs on Cedar Lake Rd. from
Boone Ave. to a point 450 ft. west and the painting of a crosswalk."
The motion passed 6-0.
-129-
-
It
reading
was moved by Councilman Meland,
and adopt Resolution 86-81
seconded by Councilman Strand, to waive
for
collateral from Shelard Ntional
entitled "Resolution approving securities
Bank, St.
w's
Louis Park, MN."
The
motion passed 5-0-1 (Councilman
Backes abstained).
89.
Securities for collateral
Resolution
eso u ion -
approving securities
for collateral from
::.
Citizens
State Bank
kit;,
It was moved by Councilman Meland,
reading and adopt Resolution 86-82
seconded by Councilman Strand, to waive
"Resolution
for
entitled
approving securities
collateral from Citizens State Bank, St. Louis
park, MN."
,
The
motion passed 6-0.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Cable tv needs assessmentIt was moved by Councilman seconded
Backes / by A NTRell
to recommend the City enter into
;j
of Minneapolitk s, tract Inc. and Hanson b Quick in the a conamount ft$10,134 to associates
conduct
a community needs assessment.
The motion passed passed 4-1-1
:! Strand abstained). (Councilman Friedman opposed; Councilman
�'�
9b. Per: Alley y-- ng Preliminary engineering report:
Alley paving of 3200 block of
Colorado/Dakota
1tWasmoved by Councilman Meland, seconded by Councilman Backes to set
Public hearing for July 7, 1986 and that staff schedule a neighborhood
meeting prior to the public hearing.
The motion passed 6-0.
9c. Traffic Study 354I
11 eso u lon
Traffic Study 354I: Cedar Lake
Rd. from Boone Ave. to 450 ft.
west of Stanley Rd.
It was moved b
wave readin y Councilman Mitchell, seconded by Councilman Strand, to
9 and adopt Resolution 86-83 entitled "Resolution requesting
the placement and removal of traffic control signs on Cedar Lake Rd. from
Boone Ave. to a point 450 ft. west and the painting of a crosswalk."
The motion passed 6-0.
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City Council meeting minutes
June 16, 1986
9d. Parking bay: Excelsior Blvd Assessment waiver for parking
by on Excelsior Blvd.
It was moved by Councilman Friedman, seconded by Councilman Meland, to
waive the assessment waiver for parking bays on Excelsior Blvd.
Councilman Strand asked what was the purpose of all the parking bays up
and down Excelsior Blvd., is it just to provide on-site parking for employees.
The City Manager said it was to provide parking for customers. He said
when the county goes through and makes this improvement, they are going
to prohibit parking on -street, so the parking bays will provide customer
parking.
Councilman Backes asked where was this property owner at the time the
plans for the roadway including parking bays was approved. The City Manager
said it was just one of those oversights, but now the property owner was
willing to pay the costs.
The motion passed 5-1 (Councilman Strand opposed).
9e. Hold harmless: Northern Cablevision Hold harmless agreement with
Northern Cablevision
It was moved by Councilman Meland, seconded by Councilman Friedman, to
authorize the Mayor and City Manager to execute the hold harmless agreement
with Storer Cable.
Councilman Strand asked if the agreement had been reviewed by the City
Attorney, to which he said it had not as yet.
Councilman Strand said he had some problems with the agreement, specifically
in the second paragraph. He said he would not sign this if he were Northern
Cablevision. He said he'd like to see it narrowed down in scope, that
the first sentence was too broad.
Councilman Friedman withdrew his second.
It was moved by Councilman Strand to defer the item to July 7, 1986, which
was seconded by Councilman Meland.
The motion passed 6-0.
9f. France Ave. Parking restrictions on France
Resolutions 86-84, 86-85 Ave. and hold harmless agreement
with MnDOT
It was moved by Councilman Meland, seconded by Councilman Mitchell, to
waive reading and adopt resolution 86-84 entitled "Holding harmless the
State of Minnesota from actions that may arise from the reconstruction
of France Ave. between W. 39th St. and Excelsior Blvd. at less than urban
State -aid street standards found in Chapter 8820.9912 of the Minnesota
Rules" and Resolution 86-85 entitled "Resolution authorizing the installation
of "no parking" signs on France Ave. from W. 38th St. to W. 40th St. and
from the south curb line of Excelsior Blvd. to a point 170 ft. south."
The motion passed 6 -0.
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City Council meeting minutes
June 16, 1986
9g. City Hall elevator It was moved by Councilman Meland,
Resolution seconded by Councilman Strand
to adopt Resolution 86-86 entitled
"Resolution ordering improvement, ordering preparation of plans, specifications
and authorizing advertisement for bids for Improvement 86-07, Handicapped
accessibility and repair to City Hall elevator."
The motion passed 6-0.
9h. Alley paving
Preliminary engineering report:
Alley paving Minnetonka Blvd.
to 2900 block of Brunswick/Colorado
It was moved by Councilman Strand, seconded by Councilman Friedman, to
set a public hearing for July 7, 1986 and schedule a neighborhood meeting
prior to the public hearing.
The motion passed 6-0.
9i. Alley paving Preliminary engineering report:
Alley paving, Zarthan to Alabama,
between Cambridge and Goodrich.
It was moved by Councilman Strand, seconded by Councilman Friedman, to
set a public hearing for July 7, 1986 and schedule a neighborhood meeting
' prior to the public hearing.
The motion passed 6-0.
9j. Bassett Creek flood control Bassett Creek Flood Control District
Resolution - joint powers agreement
i� Councilman Friedman asked if funds were budgeted for this item, to which
the City Manager responded this amount would be owed in 1987 and that
funds had been appropriated in the current budget.
In answer to a question relative to enforcement provisions of a joint
powers agreement, the Mayor responded that legally one would be obligated
as long as you belonged.
It was moved by Councilman Meland, seconded by Councilman Backes to waive
reading and adopt Resolution 86-87 entitled "A resolution authorizing
the execution of a cost-sharing agreement with the City of Minneapolis
as the city's share of costs incurred as part of Bassett Creek Water Management
Commission's flood control Project 86-1.0
The motion passed 6-0.
9k W. 36th/Boone traffic signal Traffic signal at W. 36th St./Boone
Ave.
It was moved by Councilman Mitchell, seconded by Councilman Meland, to
authorize the Mayor and City Manager to execute the necessary documents
providing for right of entry.
The motion passed 6-0.
City Council meeting minutes
June 16, 1986
91. Cable TV Commission minutes
9m. May 1986 financial report
9n. Planning Commission minutes May 21
90. Planning Commission minutes June 4
9p. Board of Zoning Appeals minutes May 22
9q. Charter Commission minutes
The above minutes were ordered filed by consent.
9r. Housing & Redevelopment Authority minutes
Councilman Strand was inquiring on an update of HRA activities. He said
Council had approved a traffic study relative to the defunct Boisclair
project. He wondered if an additional traffic study was to be undertaken,
or go forward with the results of the original study.
Councilman Backes' recollection was that after the neighborhood concerns
had been expressed, Council directed staff to investigate the cost of
an additional expanded traffic study.
The City Manager said that had been done, but when Boisclair decided not
to proceed, staff did not proceed with additional study.
Councilman Backes said that in the HRA's RFP, one of the questions would
be a response from the proposed developer on need for additional traffic
studies.
Is the proposed development for the Water Tower going to be the same intensity
as the Boisclair development was in terms of the general overall project.
Councilman Backes said they had no idea - could be bigger or smaller at
this point.He said they were proceeding with a two-step process: first
letters going out to a list of some 30 or 40 developers who had indicated
an interest. Then there will be a proposal tour of the site and the proposed
developers will submit a very initial presentation to the HRA. At that
point, the HRA will narrow the list down to a more substantial proposal
at that time.
Counci ]man Straqd asked if efforts are being made to make sure the communi ty
and neighborhoo /Vnvolved in the process. It was his feeling the Excelsior
Neighborhood Assoc. has sort of fallen away and there is a void at this
point. He felt it would be a normal part of the review process to include
the neighborhood and interested residents in on the review process.
Councilman Backes said they were still in communication with that neighborhood
association. They are receiving the HRA newsletter which Council also
receives.
Councilman Strand asked if it were correct the Boisclair letters of credit
would be called and the proceeds applied to costs incurred to date on
the project.
Councilman Backes said there was an offset in the agreement for attorney's
fees they paid plus the City's own internal costs.
The Director said the letters had in fact been called. The balance of
the $250,000 with the deduct, approximately $150,000, has been collected
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City Council meeting minutes
June 16, 1986
and is in the account and has been invested. In answer to a question about
the bond, he said the residential ones have either collapsed or are in
the process; the industrial bonds have not yet been recalled or collapsed.
He said there was no direct City cost on the bonds at this time, nor has
there been. He said the $300,000, or the remainder, would be adequate to cover
the City's monetary costs.
Councilman Mitchell asked what would be other than monetary costs, to
which the Director said cost is always associated with time -- staff time,
time lost in the delay of a project.
Councilman Mitchell asked what was the value of bonds to be transferred
if some of them have collapsed already, to which the Director said the
maximum would be $35,000,800, but that it might be that none of them are
transferable. It may be that the developers who are interested in this
project may not be interested in that type of financing.
Councilman Mitchell questioned if the City had any financial obligation
in those bonds, to which the Director replied it did not.
Councilman Mitchell asked if the City had not assisted Boisclair with
bonding of a project in St. Paul, to which the Director said there was
an opportunity a while back for communities to trade or cooperate with
eacgother if a community was not going to use all of its bonding authority
for that year.
Councilman Strand, in referring to the Target project, felt there were
three findings in the HRA report which Target would not be able to meet.
One is the aesthetic value of the area; the proposed use is always going
to be deficient; and the purpose was to defer to allow them to come up
to the redevelopment plan. He thought these three items were going to
be left hanging. He hoped the HRA would take account of that when it reviews
the project.
UNFINISHED BUSINESS
10a. Boards and Commissions
This was seconded by Councilman Friedman,
Councilman Mitchell recommended
Harold Haskovitz, be appointed
to the Cable TV ADvisory Commission.
and passed 6-0.
It was moved by Councilman Meland, seconded by Councilman Strand, that
Tim Brausen and Jim McDonough be reappointed to the Human Rights Commission.
The motion passed 6-0.
NEW BUSINESS
Ila. I-394 study It was moved by Councilman Councilman Mitchell,
seconded by laced on an
that this item be p
upcoming study session rather than the July 1, 1987 City Council agenda.
The motion passed 6-0.
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AN
City Council meeting minutes
June 16, 1986"°"
12a. Claims
MISCELLANEOUS
Herm Hasselbring, 3825 Edgewood
Riley B. Housley, III
By consent, the claims were referred to the City Clerk and City Attorney.
12b. Communications from Mayor The Mayor gave an update on Centennial
activities.
He said he and the City Manager would be attending the League of Minnesota
Cities conference in Duluth.
12. Communications from City Manager None.
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims It was moved by Councilman Meland,
seconded by Councilman Backes
to approve the list of verified
claims prepared by the Director of Finance dated June 16, 1986 in the
amount of $578,513.57 for vendor claims and $146,487.92 for payroll claims
and that the City Manager and City Treasurer be authorized to execute
checks in the appropriate amounts.
The motion passed 6-0.
14. Adjournment It was moved by Councilman Meland,
seconded by Councilman Strand,
to adjourn the meeting at 11:04
p.m.
aft r
40j .,,i—
Smith,--Recording Secretary
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