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HomeMy WebLinkAbout1986/07/07 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 7, 1986 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: Ronald Backes Larry Mitchell Thomas Duffy Lyle Hanks Keith Meland Also present were the City Manager, City Attorney, Director of Planning, Director of Public Works and City Assessor. 4. Approval of Minutes It was moved by Councilman Meland, seconded by Councilman Mitchell, to approve the minutes of the June 16, 1986 City Council meeting. The motion passed 4-0-1 (Councilman Duffy abstained). 5. Approval of Agenda It was moved by Councilman Meland, seconded by Councilman Backes to approve the consent agenda for Juby. of item 9j (Councilman Mitchell). 7, 1986 with the removal to the agenda The motion passed 5-0. It was moved by Councilman Backes, seconded by Councilman Duffy, to approve the agenda for MY 7 , 1986. The motion passed 5-0. PUBLIC HEARINGS 6a. Variance request: Dart Ave. Request for variance in lot width at 4371 Dart Ave. Edgar Rex, applicant, restated the history of the situation on his property. He said he was available to answer questions. There being no one 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 Councilman Meland, seconded by Councilman Backes,to authorize preparation of a resolution of approval. The motion passed 4-1 (Mayor Hanks opposed). _ -135- -• •._•.�.,,,,.v.,k--r..��.�,r � _ Rqt►�+sem--,,,we--,�>+.-ash-`.� a�'�'--+r-..�;..---• .-..� -.. _.. _...... _. ,. __ .. City Council meeting minutes July 7, 1986 6b. Alley improvement eso u ion - Project 86-24: Alley improvement Terry Soltis, 3205 Dakota, asked about the assessment for the project, i.e. direct and indirect benefits to those using the alley and those not using it. The City Manager explained there was no change from the explanation offered at the neighborhood meeting. The City Assessor displayed an overhead and explained the policy of assessment. He said any resident with a garage facing the alley would receive a direct/indirect assessment and a resident with a garage facing the street would be assessed an indirect benefit. Duane Erickson commented on the narrowness of the alley at the T -intersection whereby he and his neighbor literally have to back into their property when pulling a boat or driving their campers, and weren't alleys 14 ft. wide The Director of Public Works said that throughout the City many alleys are deficient in width and become more so when they are paved. In the present instance, he said he had not researched the history of this particular alley and was not in a position to comment on the "missing" four feet, whether they had been deeded to the property owners, sold to property owners or whatever. For whatever reason, an alley of 10 feet was what is left. George Plant felt the assessment should be more equitably spread between those receiving direct and indirect benefit. He felt in one way or another, all residents received some measure of direct benefit for this improvement. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilman Meland, seconded by Councilman Duffy to waive reading and adopt Resolution 86-89 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 86-24 - Alley paving." The motion passed 5-0. 6c. Alley improvement_ Resolution - Project 86-05: Alley improvement 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. It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive reading and adopt Resolution No. 86-90 entitled "Resolution ordering improvement ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 86-05, alley paving." The motion passed 5-0. -136- r , City Council meeting minutes July 7, 1986 PETITIONS, REQUEST, COMMUNICATIONS 7a. Raffle Notice of intent to conduct raffle-Kennesseth Israel Congregation It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the request. The motion passed 5-0. 7b. Briarwood West Apartments Minor amendment to a special permit: Briarwood West Apartments, Shelard David Carlin, CSM Corp., Minneapolis addressed Council with the details of their request for an amendment to their special permit. He said they were appealing directly to City Council as the Planning Commission was not meeting in July and they were on a very tight construction schedule. He described in some detail what they had in mind, basically gabling sections of the roof over the balconies. He said an area of concern was relocation of balconies to the ends of the buildings of unit 2 and 3. Councilman Mitchell asked if they were not reverting to their original proposal before the Planning Commission, i.e. less than 35 feet between units 2 and 3. Mr. Carlin said they were only seeking a two—foot encroachment into the 35 -foot buffer zone. He said the reason for doing this was to lessen the appearance of a harsh, flat wall on the end units of the two buildings. Councilman Mitchell felt this proposal was really too tight in design and he questioned its compatibility with the townhomes immediately next door. Councilman Duffy could not see the Planning Commission backing off from its original decision that 35 feet would be required between the buildings. The City Manager said it was his understanding the Planning Commission was now going to hold a meeting in July. Councilman Mitchell felt Council just didn't have enough to go on, i.e. new drawings, plans, sketches, etc. to make a decision that evening. It was moved by Councilman Mitchell, seconded by Councilman Meland, to refer the item to the Planning Commission meeting of July 16. The motion passed 5-0. RESOLUTIONS AND ORDINANCES 8a. Monterey Ave. zoning Second reading of an ordinance Ordinance No. 1684-86 changing zoning at 2925 Monterey Ave. (Daystar Ministries) It was moved by Councilman Duffy, seconded by Councilman Backes, to waive second reading and adopt Ordinance No. 1684-86 entitled "An ordinance amending the St. Louis Park Ordinance Code changing boundaries of zoning districts: -138- City Council meeting minutes July 7, 1986 The motion passed 5-0. 8b. Hwy. 12/Hwy. 18 zoning Second reading of an ordinance changing zoning at Hwy. 12/Hwy. 8 (Shelard). It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waiving reading and adopt the ordinance. The motion failed 4-0-1 (Councilman Backes abstained). It was moved by Councilman Meland, seconded by Councilman Duffy, to defer the matter to July 31, 1986. The motion passed 4-0-1. 8c. Faith Assembly of God Second reading of an ordinance vacating a portion of 41st St. Phyllis Palmer, 4140 Utica Ave. So. addressed the Council to express her opposition to the vacation. She said members of the congregation do not wish to walk over one block from their cars to the church. Church members are opposed to dropping off family members at the door because they want to enter the church as a family. She alluded to the many older churches in the Twin Cities which do not have parking on their premises. She said the church wants play facilities for its children. Mrs. Palmer wondered who would be supervising these children. She felt the neighborhood never received _sufficient information, and in some instances incorrect information, since the beginning of this whole process. She said there were only three calls to the police re public peace disturbance contrary to the church's allegations of on-going drinking and Pot smoking by teenagers on the property. It was moved by Councilman Duffy, seconded by Councilman Meland, to reject the request for vacation. The motion failed 3-2 (Councilmen Backes and Mitchell opposed). Mayor Hanks said the matter will come back to Council on July 21, 1986 8d. Cable transfer Resolution approving transfer eso TuT,on -92 of cable franchise to Nortel Cable Associates Mr. Jerry Kazma, Nortel Cable Associates, addressed the Council. He wanted to reiterate once again that Amzak (owner of Nortel Cable Corp.) is ready, Willing and able touarantee the performance of the general partner, will accept the conditions of the frnchise and will deal in good faith With the City in renewal. Countryside, an investor in the limited partnership, does have a problem in guaranteeing the performance because it is an investor, not an owner. Maryland National Bank, which holds the stock of Countryside, does not permit them touarantee anything outside of the system. He said it's not that they don't want to make such a guarantee or won't guarantee Ito it is that they are not permitted to do. Amzak will guarantee and it'sthat consideration the were seekingfrom the Council this evening. Also y ead of hro osed setting up a construction draw million with theif rbank cwhid, they r chw would be strictly for *- -139- City Council meeting minutes July 7, 1986 funds spent in the rebuild of St. Louis Park's system. Gary Matz, attorney for the City in the matter of a cable transfer, reviewed the three assurances Council had requested at the June 16 meeting upon which they would base their vote. First, a guarantee from both Amzak Corp. and Countryside Cable were requested. The second protection was a construction bond of $1 million to ensure the full and complete upgrading of the system. Finally, Council requested execution of an acceptance agreement whereby the new cable operator would agree to be bound by the terms and conditions of the existing franchise. He said this was before Council tonight. Councilman Mitchell asked the attorney to explain what had changed in Nortel's position since June 16. The attorney said there was no change, that their position was consistent. Councilman Mitchell asked if there were any legal implications in a letter of credit vs. performance bond. The attorney said a determination of which it would be would be made at the time of franchise renewal. The commitment would be either a $500,000 performance bond or a dedicated line of credit for $500,000. He said the line of credit might be more advantageous from the City's point of view as it ensures that monies will be available for the upgrade. He said the performance bond is more penal in nature in that it is posted, in this case by the cable operator, to ensure or guarantee that it will comply with the terms and conditions of the franchise. He said they are typically difficult to collect upon often leading to litigation. In answer to Councilman Mitchell's suggestion that performance bond be deleted from the agreement, the attorney felt it wiser to leave both options in the agreement as a measure of flexibility at renewal time. Doug Rollow, attorney for Nortel, said they developed the dedicated line after discussions with staff and their bankers and they would be satisfied to work only with that. He said it represents a set-aside pool of money to be used for the rebuild and if that's the way the City wishes to proceed at time of renewal, that is what Nortel intends to do and that was agreeable with them. It was moved by Councilman Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution 86-92 entitled "A resolution approving the transfer of the cable television franchise from Northern Cablevision, Inc., to Nortel Cable Associates " with the performance bond/letter of credit reduced to $500,000 and to approve the substance of the acceptance agreement and to delete reference to securing a guarantee from Countryside Cable. The motion passed 5-0 8e. Minnetonka Blvd./CSAH 18 eso u Traffic signal construction ions o. - 6-95 at Minnetonka Blvd./CSAH 18 It was moved by Councilman Meland seconded by Councilman Mitchell, to waive reading and adopt the following resolutions: No. 86-94 entitled "Resolution approving an agreement with Hennepin County for the installation of a traffic signal system at the CSAH 18/CSAH 5interchange" and NO - 86 -95 entitled "Resolution approving plans for the installation of a traffic signal system at the CSAH 18/CSAH 5 interchanges$ The motion passed 5-0. City Council meeting minutes July 7, 1986 8f. Public Works Mutual Aid It was moved by Councilman Resolution - Backes seconded b C adopt Resolution No. 86-96 cooperative agreement for aid association." 1 y ouncilman Duffy, to waive reading and entitled "A resolution authorizing joint and use of personnel and equipment - Regional mutual Councilman Meland asked if anyone had ever looked into a mutual aid agreement relative to sharing equipment so every community wouldn't have to have its own piece of expensive equipment. The City Manager said that was frequently done now on an informal basis. The motion passed 5-0. 89. Cedar Lake Rd./Cty Rd. 18 Traffic signal construction eso utions - at Minnetonka Blvd./CSAH 18 It was moved by Councilman Mitchell, seconded by Councilman Backed to waive reading and adopt the following resolutions: No. 86-97 entitled "Resolution approving an agreement with Hennepin County for the installation of a traffic signal system at the CSAH 18/CSAH 16 interchange"; No. 86-98 entitled "Resolution approving plans for the reconstruction of the CSAH 18/CSAH 16 interchange"; and No. 86-99 entitled "Resolution authorizing the installation of "no parking" signs on the north side of Cedar Lake Rd. from CSAH 18 to a point 430 ft. east." The motion passed 5-0. 8h. Securities for collateral Resolution approving additional eso u ion - securities for collateral from Shelard National Bank It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-100 entitled "Resolution approving securities for collateral from Shelard National Bank, St. Louis Park, Minnesota." The motion passed 4-0-1. 8i. Street lighting - Shelard Installation of street lighting: eso u ion - I-394/Shelard It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-101 entitled "Resolution requesting Minnesota Department of Transportation participation in the installation of street lighting in the Shelard area.,, The motion passed 5-0. 8J• Northland land exchan a Second reading of an ordinance r finance o. - re Northland land exchange, Hwy. 7/Ottawa Ave. It was moved by Councilman Meland, seconded by Councilman Mitchell, to -141- City Council meeting minutes July 7, 1986 waive reading and adopt Ordinance 1685-86 entitled "An ordinance approving the sale of City property to Northland Aluminum Products, Inc." The motion passed 5-0. 8k. Park Blvd. Towers eso u ion o. -102 Amendment to indenture of trust: Park Blvd. Towers Ltd. Partnership It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt Resolution 86-102 entitled "Resolution granting an extension regarding the acquisition of land and recording of a declaration of restrict- ive covenants against such land located in the City on which a multifamily rental housing development will be located." The motion passed 5-0. 81. Sexual harassment policy Resolution86-103 adopt Resolution 86-103 entitled "A in the workplace." The motion passed 5-0. It was moved by Councilman Mitchell, seconded by Councilman Meland, to waive reading and resolution related to sexual harassment 8m. Dog ordinance First reading of an ordinance relating to dogs It was moved by Councilman Mitchell, seconded by Councilman Meland, to waive first reading, set second reading for July 21 and authorize summary publication. The motion passed 5-0. The Mayor read a note from the representatives from Briarwood West Apartments (agenda item 7b) requesting reconsideration of their item. It was moved by Councilman Duffy to reconsider item 7b. The motion died for lack of a second. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Driveway variance Request for driveway variances at 8215 and 8225 Hwy. 7 It was moved by Councilman Meland, seconded by Councilman Backes, to approval a variance from City ordinance. The motion passed 5-0. 9b. Permit parking program Request for neighborhood meeting regarding permit parking program near the high school It was moved by Councilman Mitchell seconded by Councilman Duffy. to direct staff to hold a neighborhood meeting on Thurs., July 17 at 6:30 at the high school -142- Pa City Council meeting minutes July 7, 1986 10— The notion passed 5-0. Councilman Meland pointed out that when the parking was prohibited except by permit on Edgewood, Florida, Georgia and Hampshire, it was not prohibited on the side street. He felt the Public Works Department might want to consider it also as he has received calls about people parking there. The notion passed 5-0. 9c. Traffic Study No. 356 Edgewood and W. 23rd St. Councilman Meland recommended the item be deferred to another meeting to examine the possibility of whether or not there should be some sort of regulatory sign placed there, perhaps a yeild sign. The Director of Public Works said as far as using a yield sign as a regulatory type of sign, it is discouraged as its effect is very minimal. It was moved by Councilman Duffy, seconded by Councilman Meland; to take no action. The notion passed 5-0. 9d. Railroad contracts Contracts with Soo Line and eso u ions - , 86-105 Northwestern Railroads It was moved by Councilman Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution No. 86-104 entitled "Resolution authorizing agreement between Chicago Northwestern Railroad and the City of St. Louis Park for the construction of the at -grade crossing of Ottawa Ave. to Belt Line Blvd. south of T. H. 7" and Resolution No. 86-105 entitled "Resolution authorizing agreement between Soo Line Railroad and the City of St. Louis Park for the constrution of an at -grade crossing of Ottawa Ave. to Belt Line Blvd. south of T. H. 7" The motion passed 5-0. 9e. Zoning ordinance Mayor Hanks alluded to a letter from a Council member asking that rotv show on the zoning ordinance not be shown before the Councilosed had anblopportunity to view it. Mayor Hanks also was concerned about the reaction in the comeunity to such a film. Councilman Backes felt the script was more educational in nature rather than one that would raise any questions about zoning. it was moved by Councilman Mitchell, seconded by Councilman Meland, to defer the item to the July 14 study session. The lotion passed 4-1 (Councilman Duffy opposed). 9f. Kinikanda s t or ag e -143- Sale of Belt Line Blvd. to Minikanda Ministorage City Council meeting minutes July 7, 1986 It was moved by Councilman Duffy, seconded by Councilman Backes, to authorize execution of the necessary documents approving the sale. The motion passed 5-0. 9g. Mosquito Abatement District Metropolitan Mosquito Abatement District It was moved by Councilman Mitchell, seconded by Councilman Backes, to direct staff to prepare letters and direct them to appropriate legislative representatives. The motion passed 5-0. 9h. Buildin Construction Codes minutes 91. Human Rights Commission minutes Items 9h and 9i ordered filed by consent. 9j. Housing and Redevelopment Authority Councilman Mitchell alluded to page 8 of the minutes relative to the Target proposal. He asked if they would be permitted to go ahead and commence construction while various items relative to their permit are unresolved. Councilman Duffy said if the Authority does not approve their plan within six months, they can get a permit and proceed. He asked the status of the Boisclair letter of credit being called and alluded to the attorneys fees. He asked if the matter were resolved. Councilman Duffy said it had been resolved with the remaining $100,000 have just come from Chemical Bank. He said the amount Councilman Mitchell was questioning, $41,000, was for the City's attorneys' fees which Boisclair paid as part of the agreement. 9k. Planning Commission minutes 91. Park b Recreation TOmnission minutes Items 9k and 91 ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions Councilman Backes said there was one opening on the Building Construction Codes commission and that a contractor/developer was being sought. 10b. Apple Valley Red -E -Mix It was moved by Councilman Meland, seconded by Councilman Duffy, that staff indicate to the company that the Cedar Lake Road site will be given additional consideration -144- _ J City Council meeting minutes July 7, 1986 and be put on the July 14 study session and invite representatives of Apple Valley to that meeting. The motion passed 5-0. lOc. Hold harmless agreement agreement. The motion passed 5-0. It was moved seconded by to authorize NEW BUSINESS Ila. Time extension: Tenyer Coatings The motion passed 5-0. by Councilman Meland, Councilman Duffy, execution of the It was moved by Councilman Meland, seconded by Councilman Mitchell, to grant the time extension to Oct. 15, 1986 llb. Bid tab: Backhoe attachment It was moved by Councilman Meland, seconded by Councilman Duffy, to designate Long Lake Ford Tractor as the lowest responsible bidder and authorize execution of a contract with that firm not to exceed $11,963. The motion passed 5-0. llc. Traffic signal: 36th & Boone It was moved by Councilman Duffy, seconded by Councilman Meland, to designate Ridgedale Electric as the lowest responsible bidder and authorize execution of a contract in the amount of $41,576 and that the 1986 Traffic and Lighting Control Budget be revised in the amount of $13,608.28. The motion passed 4-0-1 (Councilman Mitchell abstained). MISCELLANEOUS 12a. Claims Virginia Drinkwine, 3141 Oregon, SLP Miracle Mile vs. B. Dalton Dorothy Trach, 4700 Minnetonka Blvd. Beverly Baldwin, 2615 Kentucky, SLP Al & Arne Rogalla, 5725 Lake St. All claims were referred to the City Clerk and City Attorney by consent. 12b. Communications from the Mayor Mayor Hanks gave a Centennial update on the very successful 4th of July and parade festivities. He reminded those Council members interested in going to the Congress of Cities to get their reservations in to the City Manager. -145- City Council meeting minutes July 7, 1986 He reminded Council of the formal opening of the GAC plant. He commented on the very successful opening and ribbon cutting of the W. 36th bridge over Hwy. 100. He reminded all of the concert in Wolfe Park on Thursday. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Duffy, that the list of verified claims prepared by the— Director of Finance dated July 7, 1986 in the amount of $912,282.89 for vendor claims and $10,438.20 for payroll claims be approved and that the City Manager and City Treasurer be authorized to execute checks in the appropriate amounts. The motion passed 5-0. 13b. Contract payments 1. Final payment: Bituminous Roadways, tennis court, trail, wing and decorative pavement. Amount: $4,773.04 It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-106 authorizing payment. The motion passed 5-0. 2. Partial payment: Craig's Turf, sodding, Shelard Park. Amount: $15,070.89. 3. Partial payment: Electric Service Co., street lighting. Amount: $8,317.25. 4. Partial payment: Ridgedale Electric, traffic signal system. Amount: $24,529.95 5. Partial payment: Tenyer Coatings, water tower reconditioning. Amount: $52,250. It was moved by Councilman Duffy, seconded by Councilman Meland, to approve and authorize payment. The motion passed 5-0. 14. Adjournment J� f Voll al�Smith, Recording Secretary -146- It was moved by Councilman Duffy, seconded by Councilman Meland, to adjourn the meeting at 10:00 p.m. yor