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HomeMy WebLinkAbout1987/10/05 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA 11111 October 5, 1987 1 . Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations The Mayor read a proclamation for Businesswomen's Week, October 5-9, 1987. 3. Roll Call The following Councilmembers 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, City Assessor, Director of Public Works and Planning Director. 4. Approval of minutes It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to approve the minutes of the September 21 , 1987 Council meeting. The motion passed 6-0. 5. Approval of agenda It was moved by Councilman Strand, seconded by Councilman Backes, to approve the consent agenda for October 5, 1987. The motion passed 6-0. It was moved by Councilmember Backes, seconded by Councilmember Strand, to approve the agenda for October 5, 1987. The motion passed 6-0. PUBLIC HEARINGS 6a. Project 86-25 Assessment hearing, alley paving In answer to a question, the Mayor said that the staff recommendation was=that an assessment hearing on direct benefit be heard in the future when and if a garage is placed on the alley. Dennis Growth asked about residences with older garages that are not being used, that owners are parking on the street. He asked what about those residents choosing to tear down the older garages and then use the alley to get to the rear of their property. He asked why Mrs. Clarno's was being deferred while he had to pay the full amount. -202- City Council meeting minutes October 5, 1987 Mayor Hanks said it was Council policy for those using a garage to be assessed both direct and indirect benefit. 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 Councilmember Strand,— seconded by Councilmember Mitchell , to waive reading and adopt Resolution 87-156 entitled "Resolution adopting assessment, Improvement 86-24: alley paving. " The motion passed 6-0. b. Assessment hearing Project 86-03, paving, curb/gutter Resolution 87-157 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 Councilmember Meland, seconded by Councilmember Backes, to waive reading and adopt Resolution 87-157 entitled "Resolution adopting assessment, Improvement No. 86-03: Paving, curb and gutter." The motion passed 6-0. 6c. Assessment hearing Project 87-08, paving, curb/gutter Resolution 87-158 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 Councilmember Friedman, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 87-158 entitled "Resolution adopting assessment, improvement No. 87-08: paving , curb/gutter". The motion passed 6-0. 6d. Assessment hearing Project 87-06, paving, curb/gutter 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 Councilmember Strand, seconded by Councilmember Friedman, to waive reading and adopt Resolution 87-159 entitled "Resolution adopting assessment, Improvement No. 87-06: paving, curb and gutter." The motion passed 6-0. 6e. Assessment hearing Project No. 83-32, paving, street lighting, sidewalks, landscaping, parking and bus bays along Excelsior Blvd. , Louisiana to Xenwood. The Mayor entered into the minutes the following protests to the assessment: -203- City Council meeting minutes October 5, 1987 P the Soo Line Railroad; Boulevard Professional Building; Methodist Hospital ; G & N Limited Partnership, 6600 Excelsior Blvd. and Mrs. Blanche Lemear. Roger Martens, Frank Lundborg Post, protested the Post's assessment. He said three separate communications had been sent to the City by the Post relative to assessments for this project. He said to date the Post has had no response. He asked for an explanation of the right-of-way process, which the City Assessor provided. Robert Byrd, 4045 Brookside Ave. , said he built the building at 6200-6250 Excelsior Blvd. He said in 1983 they were told they would be assessed for two light standards at approximately $1800 apiece. Now, they find an assessment of $13,000 for a light standard plus $5,300 for right-of-way. The contractor ripped up the sod they had planted. Now they have two light standards and nothing more. It was their feeling that since Excelsior Blvd. is used by the public, that the City should take a large part of the cost for lighting and right-of-way. Jerry Dokka, Methodist Hospital , also protested the assessment because of the discrepancy from the first notice and the most recent notice which is five times the first one. 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. -1110 Councilman Strand asked what the administrative process was re protesting. The City Attorney said there was a right of appeal . He stated Council could always take a protest(s) under advisement, seeking further information from the City Assessor. Also, he said an assessment could be challenged in judicial proceedings. The base of any appeal would be that the benefit was not commensurate with the assessment. Councilman Strand asked what caused the large discrepancy in the original estimated assessment and the final assessment. The City Assessor said the primary reason for the increase was because of project costs and right-of-way costs. He said the project was re-bid at least once and that there was an inordinate long time between the improvement hearing and its finalization. Councilman Strand said if he were a property owner, he would have budgeted for his assessment based on the amount in 1983. While he could understand some increase in the assessment, that costs go over what was anticipated, this 100% increase was difficult to justify and seemed unfair. He wondered if the alternative, spreading it over the entire City as a public benefit, might not be proper. Councilmember Backes asked what was the project cost approved at the public hearing. lipThe City Assessor said it was $618,000. The City' Manager said if the project is assessed across the City, it comes out of the General Fund. In reference to the hospital 's objection, he pointed out that the hospital primarily, if not only, benefits from the intersection -204-- City Council meeting minutes ' October 5, 1987 signal and that's why it was included in their assessment. Also, he said the 4111 City did not anticipate paying the increased right-of-way costs as the City had agreements from some of the property owners that the land would be donated. This was in part responsible for driving the costs up. Also, a lot of people asked for individual parking bays but those are being paid for by the businesses directly in front of the bays. Councilman Strand asked if it were correct that the affected properties received notice that the project was coming in at $618,000. The City Manager said that was correct. When the City's costs went up, the assessments went up proportionately. Councilman Strand said the property owners were not now being assessed in an amount double of that which they were notified of in 1984. In fact, in most cases it is not increased significantly. The City Manager said that was correct. In the case of the hospital , the increase was significant because of their portion of the traffic signal . Others may have increased because of higher right-of-way costs and because they asked for additional parking bays which they pay for separately. Councilman Strand said that on that basis he would move adoption of Resolution 87-160 entitled "Resolution adopting assessment, Improvement No. 83-32: Paving, street lighting, sidewalks, landscaping, parking and bus bays." It was seconded by Councilmember Backes. The motion passed 5-1 (Councilmember Friedman opposed) . 4111 6f. Assessment hearing Project 83-07A, railroad crossing at Resolution 87-161 extension of Ottawa Ave. So. and State Highway 7 Ted Arnason, Professional Instruments Co. , 4601 Hwy. 7 addressed Council . He said that prior to the construction of the crossing, he and the other property owners facing Hwy. 7 had sufficient access to their properties via Hwy. 7. He said in-- 1982 -they--were -assessed -for the--Ottawa- Ave. -crossing-.- He -felt- the - - - current cost over the railroad tracks was exhorbitant. He said this crossing contributes to a good deal of added congestion getting to their properties. He felt that many of the properties south of the crossing, which will definitely benefit from having this crossing open, are not participating in the assessment. He felt the properties facing Hwy. 7 are being assessed at a higher rate than the properties south of the railroad tracks. He felt that the City-wide benefit of this crossing should be considered in the assessment. Mayor Hanks pointed out that the City is picking up one-quarter of the cost. 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 Strand, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 87-161 entitled "Resolution adopting 1 . -205- l City Council meeting minutes October 5, 1987 assessment - Improvement 83-07A: Railroad crossing and land acquisition." The motion passed 6-0. 6g. 7500 Excelsior Blvd. Warehouse addition Resolution 87-162 The architect and representative from Musicland were present to answer questions. In answer to a question from Councilmember Strand, Mr. Newhouse said they had talked with the watershed district and that there was a disagreement between the City and the district. He said the City Planner was ironing the problem out with the watershed district. 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 Councilman Mitchell , seconded by Councilman Meland, to waive reading and adopt Resolution 87-162 entitled "A resolution granting special permit under Section 14-123. 100 of the St. Louis Park ordinance code relating to zoning to permit a building addition within 200 ft. of the F-1 , floodplain district, for property zoned I-1 , industrial district, located at 7500 Excelsior Blvd." The motion passed 6-0. 6h. Radio tower Special permit for a radio tower at 3280 Gorham Ave. There was no one wishing to speak. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to continue the public hearing to October 19, 1987. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Park Center Blvd. vacation Second reading of an ordinance vacating portion of Park Center Blvd. between 39th St. and Excelsior Blvd. It was moved by Councilmember Meland, seconded by Councilmember Backes, to defer this item to November 2, 1987. 116 The motion passed 6-0. 8b. Easement: Beltline Business Park Second reading of an ordinance Ordinance No. 1723-87 vacating utility easement in Beltline Business Park -206- It was moved by Councilman Meland, seconded by Councilman Mitchell , to waive reading and adopt Ordinance No. 1723-87 entitled "Ordinance vacating utility/drain- age easement in Beltline Business Park." The motion passed 6-0. 8c. Polling places Resolution designating polling Resolution 87-163 places and naming election judges for Nov. 3, 1987 City Council election By consent, motion to waive reading and adopt Resolution 87-163 entitled "A resolution designating polling places and naming election judges for, Nov. 3, 1987 City Council election." 8d. Recycling program Agreement with Hennepin Resolution 87-164 County for funding recycling program By consent, motion to waive reading and adopt Resolution 87-164 entitled "Resolu- tion authorizing the execution of an agreement between the City of St. Louis Park and Hennepin County covering the furnishing of a recycling/composting program in 1986. " 8e. 1987 tax levy Resolution approving the 1987 tax levy collectible in 1988 It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Resolution 87-165 entitled "Resolution approving 1987 tax levy, collectible in 1988." The motion passed 6-0. 41_: 8f. 1988 budget First reading of an ordinance adopting the 1988 budget. It was moved by Councilmember Backes , seconded by Councilmember Mitchell , to waive reading and set second reading for October 19, 1987. - It was--moved- by Councilman - Strand, seconded -by- Counci-lman --Mi-tchel l , to amend _______ the motion to increase the appropriation for legal fees by $25,000. Councilmember Friedman said his opposition was no reflection on the City's legal staff or counsel . He didn't think the City and City Council has done an adequate job in terms of determining how the legal talent is used and the cost therefor. He could not approve allocation of additional funds without knowing how to control them. The amendment to the motion passed 5-1 (Councilmember Friedman opposed) . The main motion to waive reading and set second for October 19, 1987 passed 6-0. 8g. City auditor Resolution providing for the employment of George M. Hansen Company to audit accounts and records It was moved by Councilman Strand, seconded by Councilmen Friedman to waive reading and adopt Resolution 87-166 entitled "Resolution providing for the -207- City Council meeting minutes October 5, 1988 11111 employment of George M. Hansen Company to audit the accounts and records of the City for the 1987 fiscal year." The motion passed 6-0. 8h. Levying assessments Resolution levying assessment Resolution 87-167 for delinquencies It was moved by Councilmember Meland, seconded by Councilmember Mitchell to waive reading, and adopt Resolution 87-167 entitled "Resolution levying assessment for delinquent water/sewer/refuse charges, nuisance abatements, false alarm fees, random sidewalk, curb/gutter repair and tree removal ." The motion passed 6-0. 8i . 7400 Highway 7 Amendment to special permit Resolution 87-168 for parking lot and access modifications at ) 7400 Highway 7 It was moved by Councilman Mitchell , seconded by Councilman Meland, to waive reading and adopt Resolution 87-168 entitled "A resolution rescinding Resolution 86-143 adopted on Sept. 2, 1986 rescinding Resolution 85-224 adopted on Dec. 16,, 1985 rescinding Resolution 85-66 adopted on May 20, 1985 and granting special permit under Section 14-124. 101 and 14-210.2 of the St. Louis Park ordinance code relating to zoning to allow the construction of a 167-unit residential apartment development on property zoned PUD, planned unit development, at 7400 Hwy. 7." r-- The motion passed 6-0. 8j. Parking at 7900 Hwy. 7 It was moved by Councilmember Resolution 87-169 Meland, seconded by Councilmember Backes to waive reading and adopt Resolution 87-169 entitled "A resolution granting variance in parking requirements from Section 14-187(4) (r) of the ordinance code relating to zoning to permit a portion of an existing office building to be occupied for office purposes without providing the six additional parking stalls required for property located in the R-B, residential business district, at 7900 Hwy. 7. " The motion passed 5-0-1 (Councilmember Friedman abstained) . 8k. Sunset Ridge bond release By consent, motion to waive Resolution 87-170 reading and adopt Resolution 87-170 entitled "Resolution accepting completion of work and authorizing release of bond for Sunset Ridge 2nd and 5th additions." 81 . Overall plan MSC It was moved by Councilmember 1111/ Resolution 87-171 Meland, seconded by Councilmember Backes, to waive reading and adopt Resolution 87-171 entitled "A resolution rescinding Resolution 87-46 -208- City Council meeting minutes October 5, 1987 adopted on April 20, 1987 and granting special permit under Section 14-123. 100(2) and 14-171 (6) (3) of the St. Louis Park Ordinance Code relating to zoning to allow contractor's yard and building addition within 200 ft. of the F-1 , floodway district, for property located in the I-1 industrial district and F-2 floodplain district at 7305 Oxford St." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Mid-block light: Vallacher Preliminary engineering report: mid-block decorative light, 4600 block of Vallacher It was moved by Councilman Meland, seconded by Councilman Strand, to approve staff's report and set a public hearing for Nov. 2, 1987 and direct staff to hold an informational meeting. The motion passed 6-0. 9b. I-394 traffic impact study It was moved by Councilman Mitchell , seconded by Councilman Meland, to receive the report for filing and place it on an upcoming study session. The motion passed 6-0. 0111 9c. One-way study: 38th St. It was moved by Councilmember Strand, Resolution 87-173 seconded by Councilmember Meland, to waive reading and adopt Resolution 87-173 entitled "Resolution establishing traffic control signs on W. 38th St. between Excelsior Blvd. and Kipling Ave." The motion passed 6-0. 9d. T.H. 7/Minnetonka intersection MnDOT proposal for modifications- -of ——— the T.H. 7/Minnetonka/France ave. area The Director of Public Works presented the MnDOT proposal for the area. He said there were three concerns brought up by the staff report. One was the development of a continuous frontage road along the south side of Hwy. 7 between Beltline Blvd. and France Ave. The concern was the potential loss of immediate access to some of the commercial facilities along the south side. Secondly, the neighborhood raised a concern re the Joppa Ave. access for the eastbound Hwy. 7 movements to northbound Joppa Ave. and the neighborhood. The neighborhood perceived this as providing an access into the neighborhood and the increased traffic in front of Torah Academy. Thirdly, the Glenhurst crossover was of concern. Basically, the neighborhood was very concerned about increased traffic in their residential neighborhood. He said MnDOT had offered as a compromise on the issue of Joppa Ave. to relocate the crossover for eastbound Hwy. 7 heading north to Inglewood on the east side of the bank. The next compromise showed access to northbound Glenhurst from eastbound Hwy. 7 -209- City Council meeting minutes October 5, 1987 To wrap up, he said the project before Council shows the closure of the south frontage road of Hwy. 7 between Beltline Blvd. to France Ave. ; eastbound Hwy. 7 to northbound within the neighborhood would have access at Inglewood where the signal is now in place; allowance of eastbound Hwy. 7 to turn northbound on Glenhurst Ave. Many residents of the area addressed Council , among them Robert Strauss, Phillip Doehlinger, Vince Pekararro, Sadie Wornick, Sarah Younger, Marcie Strauss, Barry Wolfe, Mort Cohen, Bruce Daches, Melvin Siegel , Sandra Berthene, Betty Calos, Fred VEscio and Dick Stroh] . Councilman Strand asked if the people on Inglewood were notified of the meeting back in August. The Director of Public Works said labels were ordered for the residents on Inglewood between 26th and Minnetonka and lettersof notice were mailed. In answer to a resident's question as to why this whole matter had come about, Bob Brown, MnDOT project manager, said the proposal before Council is a result of the department's desire to reduce accidents through the area. Councilman Strand asked if things were left the way they are with "No Turn" 110 signs posted for morning and evening rush hours, would the City loose MnDOT funding for any upgrading of the intersection, or would the department place a permanent signal at France and where the other two temporary signals currently exist. Mr. Brown was not able to answer that question. Councilman Strand said it was a poor—looking intersection and ideally, it would be great to have it upgraded if such upgrading did not disturb the neighborhood. He'd like to see the utilities undergrounded and a permanent signal installed, but that this was not the major consideration. In answer to a question, Mr. Brown said the anticipated savings to be seen from this improvement would be an accident reduction. It was moved by Councilmember Friedman, seconded by Councilmember Strand, to inform MnDOT that the City Council is turning the proposal down and to leave the intersection as is. Councilmember Strand wondered if just saying "no" to the proposal was sufficient. He asked why this item was before Council that evening. The City Manager asked Mr. Brown when the bridge construction was to begin and wasn't that the item motivating this proposal . Mr. Brown said construction was slated for 1990. Councilman Strand asked if Minneapolis would not go ahead with this project regardless of what St. Louis Park decides. Mr. Brown said that was correct. -210- City Council meeting minutes October 5, 1987 Mr. Brown briefly discussed what is planned with the construction of a new41111 bridge and how that work would affect the intersection under discussion. He said in and apart from the bridge reconstruction, the area from France Ave. to the west stands on its own merits as a hazard elimination safety project, which means its 90% federal funding. To qualify for that program, MnDOT has to determine the benefit cost ratio in excess of one. They have determined it to be 1 .6 at this location. To clarify the motion, Councilmember Friedman said his motion was to leave the entire area under consideration status quo. Councilmember Friedman felt that the wishes of the neighborhood must be respected in this matter. Councilmember Mitchell said there had been so many alternatives presented over the years that everyone affected has managed to be alienated on one point or another. He said he was getting the message from the residents that their heretofore quiet neighborhoods were experiencing increased traffic making the neighborhood less desirable. He felt that would continue to be a problem if the proposal were turned down. Councilmember Strand did not see the motion as saying the existing problems are not going to be addressed. He viewed the motion as saying the proposal isn't going to work. He wondered about the safety ratio when 1 ,000 cars were shifted into that neighborhood. He felt the City's focus had to be IIentirely different from MnDOT's focus. Councilmember Meland felt it was important to have a resolution of disapproval with findings of fact prepared for this matter because of the potential appeal process. The City Attorney stated it depended upon which procedure MnDOT has proceeded under. In the first procedure, a request for municipal review, the City _ __ is not mandated to state reasons and can merely deny consent. Should they return- under-the --Commi-ssioner_'s _order, the City would be required to state findings. - - — Councilmember Strand felt it would be prudent for the motion to be amended to direct preparation of a resolution with findings of fact. He asked if MnDOT would continue to work with the City or if they intended to appeal the disapproval . Mr. Brown said he was not really able to comment on that. The motion as amended passed 6-0. 9e. Per: Alley paving Preliminary engineering report: Project 87-44, alley paving It was moved by Councilman Meland, seconded by Councilman Friedman, to' waive 410 reading and adopt Resolution 87-174 accepting preliminary engineering report, waiving assessment hearing and approving change order No. 2. The motion passed 6-0. -211- City Council meeting minutes October 5, 1987 9f. Neighborhood meeting minutes This report ordered filed by consent. 9g. Incinerator sale Proposed sale of incinerator property It was moved by Councilmember Strand, seconded by Councilmember Backes, to refer this matter to the Planning Commission. The motion passed 6-0. 9h. Planning Commission minutes 9i . Park and Recreation minutes 9j. Cable TV ADvisory Commission minutes The minutes were ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions Council accepted Lenore Brill 's resignation from the Metropolitan Airport Sound Abatement Council . It was moved by Councilmember Strand, seconded by Councilmember Meland, 1111/ to appoint Don Ringham to fill Ms. Brill 's seat as delegate and that he be asked to make a quarterly report on the activities of the Council to the City Council . 10b. Securities for collateral It was moved by Councilmember Strand, seconded by Councilman Meland, to accept the report for filing. The motion passed 6-0. NEW BUSINESS lla. Gambling license: JCC A request to conduct gambling on Oct. 31 was approved by consent. lib. Bid tabulation Drift/Platteville monitoring wells Resolution 87-175 By consent, motion to waive reading and adopt Resolution 87-175 entitled "Resolution ordering improvement project 87-54, Drift/Platteville aquifer monitor wells construction." 11d. Rec Center roof It was moved by Councilmember Strand, seconded by Councilmember Meland, to designate Universal Applicators as 11110 the lowest responsible bidder and authorize execution of a contract for $37,174. The motion passed 6-0. -212- City Council meeting minutes October 5, 1987 MISCELLANEOUS11111 12a. Claims None. 12b. Communications from Mayor None. 12c. Communications from City Manager The City Manager discussed the study session agenda for Oct. 12. He presented an update on staff's meeting with the EPA in Chicago and the resolution of a current problem. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims The list of verified claims dated October 5, 1987 prepared by the Director of Finance in the amount of $554,670.80 for vendor claims and $16,165.63 for payroll claims was approved and the City Manager and City Treasurer authorized to issue checks in the appropriate amounts by consent. 13b. Contract payments 1 . Final payment: Hardrives, Inc. , street paving, storm sewer. Amount: $39,512.01 . 2. Final payment: Noble Nursery, timber wall construction and landscaping. Amount: $900.00. 41111 By consent, motion to waive reading and adopt the following resolutions: No. 87-176 entitled "Resolution accepting work on street paving, storm sewer" and Resolution 87-177 entitled "Resolution accepting work on timber wall construction and landscaping." . 3. Partial payment: Phillips Klein Co. , addition to central maintenance -- facility: Amount: -$101 ,412.50- 4. Partial payment: Alber Construction, street paving, curb and gutter. Amount: $68,715.51 By consent, motion to approve and authorize payment. 14. Adjournment The meeting adjourned at 10:25 p.m. 1/41', /4"-.A"' Mayor Re •rding Secretary 41/11 -213-