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HomeMy WebLinkAbout1987/04/06 - ADMIN - Minutes - City Council - Regular (2) OFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 6, 1987 1 . Call to order The meeting was called to order at 7:35 by Mayor Lyle Hanks. 2. Presentations None. 3. Roll Call The following Council members were present at roll call : Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning, Director of Public Works and Director of Finance. 4. Approval of minutes It was moved by Councilman Strand, seconded by Councilman Backes, to approve the minutes of the March 16, 1987 Council meeting. 110 The motion passed 7-0. 5. Approval of agenda It was moved by Councilman Duffy, seconded by Councilman Mitchell , to approve the consent agenda for April--6;-1987 The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the agenda for April 6, 1987 with the addition of item 8h. Resolution relating to groundwater plan. The motion passed 7-0. PUBLIC HEARINGS 5a. Louisiana Ave.__watermain There being no one wishing Resolution 87-34 to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a later date. It was moved by Councilman Meland, seconded by Councilman Mitchell , to waive reading and adopt Resolution 87-34 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for improvement No. 86-08, watermain looping." The motion passed 7-0. -67- City Council meeting minutes April 6, 1987 PETITIONS, REQUESTS, COMMUNICATIONS None. 1111 RESOLUTIONS AND ORDINANCES 8a. Louisiana Ave. homes It was moved by Councilman Ordinance No. 1714-87 Duffy, seconded by Councilman Meland, to waive reading and adopt Ordinance No. 1714-87 entitled "An ordinance authorizing sale by the City of property located on Louisiana Ave. So. consisting of 3022, 3120, 3124 and 3128 Louisiana Ave. So." The motion passed 7-0. 8b. Watershed district directors Resolution naming commissioners Resolution 87-35 to Bassett Creek Watershed District Board. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution 87-35 entitled "Resolution appointing commissioners on the board of the Bassett Creek Flood Control Commission." The motion passed 7-0. 8c. 49er contract It was moved by Councilman Resolution 87-36 Duffy, seconded by Councilman 4111 Meland, to waive reading and adopt Resolution 87-36 entitled "Resolution establishing public works employees' salaries and insurance contributions for the year ending December 31 , 1987." The motion passed 7-0. 8d. Renaming Belt Line Blvd. Ordinance naming Belt Line Blvd. extension Lt was moved by Councilman Mitchell , seconded by Councilman Duffy to waive first reading and set second reading for April 20. There was some di sc.us�i un as --t-o--n-ami-ng -t-he —who-Ie -roadwa-y--Ot-t-awa--Ave. because that was the name of the portion to the north of the railroad tracks. It was pointed out that Belt Line is used by several of the businesses in the area as well -as- theroad-name_r_unn_ing_to W. 36th St. Upon recommendation of Council , staff said they would poll the businesses in the area and see what their preference was prior to adopting the name Belt Line Blvd. The motion passed 7-0. 8e. Turnback of road authority It was moved by Councilman Resolution 87-37 Duffy, seconded by Councilman4111 Meland, to waive reading and adopt Resolution 87-37 entitled "Resolution requesting the Commissioner of Transportation authorize the turnback of jurisdictional road authority to the City of St. Louis Park. . -68- City Council meeting minutes April 6, 1987 The motion passed 7-0. 11,1 8f. Methodist Hospital bonds Resolution setting public hearing Resolution 87-38 on Methodist Hospital bonds It was moved by Councilman Meland, seconded by Councilman Backes to waive reading and adopt Resolution 87-38 entitled "Resolution calling for a public hearing relating to an issue of revenue bonds under the Municipal Industrial Development Act on behalf of Methodist Hospital ." Councilman Friedman asked if these bonds were strictly to retire the previous issue at a better rate or is this an addition. Steve Martin, chief financial officer for Methodist, said the original resolution given to Council was to retire the existing bonds. Because the way the bonds work, slightly more bonds must be issued, thus the revised resolution before Council provides for $10 million in new money. Kim Simonson, Dain Bosworth, said the revised size of the bonds was included in case they wanted to retire the total outstanding bonds of approximately $42 million. She said the economic advantages are related to just a portion of the bonds, but they wanted the flexibility in case there were some improvements at which point they could refund the entire outstanding bonds. Councilman Friedman asked if these bonds were limited to refunding the previous bonds or with this additional amount, could they go ahead and 110 issue new bonds. Ms. Simonson stated they were refunding a portion of the currently outstanding bonds. The resolution was written such that an amount would enable Methodist to refund the outstanding issue. There is no new issue. Councilman Friedman said the ---way -he interpreted the language if -someone wanted to, they would be able to issue additional bonds to buy other equipment. Ms. Simonson said that perhaps the confusion stemmed from the financing done in 1985 wherein three years of capital expenditures were provided for. All of those funds have not been drawn down and some of the existing monies still available will be transferred to the 1987 issue and then drawn down by the hospital for its needs over the next year. The reason the size is larger than the outstanding bonds is that technically the outstanding bonds can't be called -for eight years -and -so -a--£wnid has--to--be--e-r ki--wh4c-h must be invested at a slightly higher principal amount. Councilman Mitchell asked if he were not correct in stating these bonds do not obligate the City in any way. Mayor Hanks said that was correct. The motion passed 7-0. 8g. Variance: 3108 Louisiana Ave. Resolution 87-39 Request for lot area variance for vacant lot at 3108 Louisiana Ave. It was moved by Councilman Mitchell , seconded by Councilman Meland, to -69- City Council meeting minutes April 6, 1987 waive reading and adopt Resolution 87-39 entitled "A resolution granting variance in lot area from Section 14-133(5) of the ordinance code relating to zoning to permit the construction of a single family dwelling having a lot area of 4,494 sq. ft. instead of the required 4,800 sq. ft. for property located in the R-2 single family residence district at 3108 Louisiana Ave. So." Councilman Friedman asked if there was another area in the City where there was a 40 ft. lot, would Council provide a variance or is this just because it's a City-owned lot. Councilman Strand said that was a good question and the way to answer it is no, not just because it's City-owned, but because we have a special project going there and have a special interest in granting the variance in this case so the block can be upgraded. Mayor Hanks said it was his recollection that Council has always approved a variance for a 40 ft. lot that was platted that way and never changed. Councilman Mitchell said his concern is that the owner-occupancy is protected. He said the builder has a good reputation and is committed to sell it owner- occupied and approval of the variance seems sound to him. The motion passed 7-0. 8h. Groundwater study and plan Resolution relating to proposed Resolution 87-40 legislation for a metropolitan groundwater study and plan III It was moved by Councilman Strand, seconded by Councilman Meland, to waive reading and adopt Resolution 87-40 entitled "Resolution relating to proposed legislation for a metropolitan groundwater study and plan." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. HRA/St. Louis Centre Partners Housing and Redevelopment Authority contract with St. Louis Centre Partners Mayor Hanks said he believed there was nothing additional to add. The City Manager said the HRA would be meeting the next evening but he was not aware of any new developments in the interim. Councilman Strand asked if the developer had finished negotiating with the private landowners. The Executive Director of the HRA said that would be discussed the next evening. He said it appeared from the developer's standpoint that they are moving close to successful negotiations on two, perhaps three, properties and that it was his judgment that on two or perhaps three properties, condemna- tion will be necessary. Condemnation proceedings rests on all the terms of the contract being met by April 8. If conditions are not all met, then the Authority would have to decide how it wishes to proceed in the area of condemnation. Councilman Strand said as he understood the contract, if the developer delays compliance with the conditions set forth in the contract, he can -7n- City Council meeting minutes April 6, 1987 string on the landlords and use that as leverage against them to cut a more favorable deal . Phil Eder, Leaning Post, said that to his knowledge, none of the landowners were close to settlement with the redeveloper. Councilman Strand noted that in Section 4 of the contract, if the Authority proceeds, the redeveloper would be at risk for all of the costs of the Authority in proceeding pursuant to eminent domain including the purchase price of condemnation award. He asked if there were not a risk of up to $4.5 million with the Authority holding a $1 million letter of credit. Councilman Backes said the redeveloper is in a situation of trying to proceed as fast as he can knowing he has to comply with the conditions of the contract and not go into a default situation with the letter of credit outstanding. He said things were proceeding - the plans, the traffic study, more neighbor- hood meetings taking place, the EAW is complete. Councilman Strand recalled discussion from the last meeting where the Council and City could somehow expedite the eminent domain proceedings. It was his impression from readii�u .the contract that this was in the HRA's jurisdiction and there is/Tillengcan be done from the City's standpoint to interfere with the contract. He asked the city attorney if that was correct. The City Attorney said the City does have eminent domain authority. The HRA is a separate entity in terms of requiring the HRA to act in this agreement. He believed this gets into the issue of separateness and also believed they had the right to say the agreement provides for them to make certain judgments. He noted that the section re indemnification referred to by Councilman Strand has a condition before the indemnification would arguably appear to become effective, that being the redeveloper has satisfied all conditions set forth. It would be open to debate) in the event the redeveloper had not satisfied those conditions and the Authority commenced condemnation) what portion of this specific indemnification would be applicable. Councilman Strand said it would be seem prudent at this point for the Council not to involve itself in the HRA contract except perhaps to encourage the HRA to continue doing what it is doing, i .e. trying to expedite the process so that the notices can go out as soon as possible. Mr. Eder asked if this weren't a joint Council/HRA project. Mayor Hanks said it was his understanding that since -the prdjeet --involves a redevelopment district, the contract can only be signed by the HRA. Mr. Eder alluded to -the $4.5 million exposure mentioned by Councilman Strand, feeling this was not entirely true since the HRA was $8 million in its tax increment financing district fund and thus the City is not at risk. He felt if this project were indeed a partnership, the ones left out of the partnership were those tenants occupying the present space.He expressed his concerns about sitting on the sidelines of this project with apparently no legal rights. He reiterated once again that the City was at no risk in sending our condemnation notices. Councilman Strand said it was his understanding that at this point, the -71- • City Council meeting minutes April 6, 1987 City, as a distinct entity, does not have the ability to force the proceedings. The contract is between the HRA, another distinct entity, and the redeveloper. Mr. Eder said his notes reflect that the City Council and HRA have met on many occasions and voted as a joint body on the redevelopment of this area. That is why he asked if it weren't a joint HRA/Council project. It was his opinion the Council had a vested interest and control over the project should it choose to exercise such control . Councilman Backes said that when the project started out, relative to the tax increment financing district, by State law there were two ways to go: on the City's side or the HRA side. It was decided to go with the HRA at that time. It has been the practice throughout the years for the bodies to vote separately and sometimes jointly. But even though there may have been some joint voting on some issues, this project, via State law, is under the HRA. Councilman Strand said he would be amenable to having a joint Council/HRA meeting at which time the concerns of Mr. Eder and Council can be brought 1 before the HRA. Councilman Mitchell moved that the City Council request a report from the HRA updating Council on the project and have it for the April 20 meeting. Mayor Hanks asked if he wished to include in his motion that the HRA include in such a report the reasons the HRA legitimately cannot proceed with condemna- tion. Councilman Mitchell said he would not want to take the position of telling the HRA how to proceed; however, if they wished to provide such an explanation, that would certainly be appropriate. The motion was seconded by Councilman Duffy and passed 7-0. 9b. Corporate surety bonds It was moved by Councilman Duffy, Effective Jan. 1 , 1987 seconded by Councilman Meland, to approve the corporate surety bonds for the City Manager, City Clerk and City Treasurer for the period Jan. 1 , 1985 through Dec. 31 , 1987. The motion passed 7-0. 9c. Home Rule Charter Amendments to Home Rule Charter and March 10, 1987 Charter Commission minutes It was moved by Councilman Duffy, seconded by Councilman Mitchell , to set a public hearing on an ordinance amending the Charter for April 20, 1987 and receive the March 10 minutes for filing. The motion passed 7-0. 4111 9d. Career Development Program Councilman Strand, referring to recommendation No. 3 re an ombudsperson, inquired -72- City Council meeting minutes April 6, 1987 could that person be integrated into the housing inspection program. The City Manager explained the ombudsperson would be an existing City employee, that this is not a new position. This person would be concerned with employees, not concerns outside of the organization. It was moved by Councilman Mitchell , seconded by Councilman Duffy, to receive the report for filing. The motion passed 7-0. 9e. Communication from Planning Commission Informational zoning meetings Councilman Strand asked where the process currently is, the establishment of a zoning ordinance. It seemed to him that before going ahead with a lot of meetings, the Council should be brought up to date on the ordinance and what these proposed changes would be. The City Manager said he thought the Planning Department had been sending out updates through their meeting minutes. He thought an update would be appropriate. Councilman Strand thought it worthwhile for Council to have a study session to see where we stand and at least conceptually agree with the direction in which zoning ordinance modifications are headed. 111 It was moved by Councilman Strand, seconded by Councilman Friedman, that the Council meet with the Planning Commission at its first meeting in May and discuss the updating of the zoning ordinance and that no informational meetings be held in the interim. The motion passed 7-0. 9f. 3100 block of Quebec Preliminary engineering report: Project 96-03, paving, 3100 block of Quebec It was moved by Councilman Meland, seconded by Councilman Duffy, to set a public hearing for May 4, 1987. The motion passed 7-0. Councilman Meland feltiia good idea to let both residents of the cul-de-sac and the connected street/. at the project and just what was going on. 9g. Yard waste collection Agreement _for collection of yard waste with Woodlake Sanitation It was moved by Councilman Meland, seconded by Councilman Duffy, to direct staff to execute an addendum to contract 1519a, garbage and refuse collection, with Woodlake Sanitation to include the collection of yard waste in the IVO City as specified at a cost not to exceed $9.42 per ton. The City Attorney said that the memo from his office before Council addresses -73- City Council meeting minutes April 6, 1987 the question whether it is permissible to implement the yard waste collection as part of the existing contract. Upon execution of the addendum, he believed it would be appropriate. Mayor Hanks asked what was different from what the City is doing right now. The City Manager said the proposal is that the hauler collect yard waste separately and haul it to a different spot, not to the regular landfill , debag it and use it in a composting operation. The County will be paying 70% of the cost. Councilman Friedman asked if City residents are going to pay $48,000 more to have the same thing done but just taking it someplace else to debag. Mayor Hanks said this is an effort to meet the 16% reduction of waste diverted from landfill as mandated by Hennepin County. Councilman Friedman asked what was being accomplished by the County and City paying more to get rid of the same amount of yard waste as before. Mayor Hanks responded the City is no longer permitted to put this material in any landfill . Councilman Friedman said he thought biodegradable material could go to the landfill . The City Manager said it's the total amount of the waste stream that they are trying to divert from the landfill . Councilman Duffy said that now, when they dump at the landfill , they don't make an effort to make sure materials come out of plastic bags, and as long as it is in plastic bags, it is not biodegradable. The City Manager commented that the questions raised by Councilman Friedman are certainly appropriate. No one is saying that diverting 16% from the waste stream, is going to be any cheaper. The question is what's the best way to do it and whatever way, it's probably going to cost more. The motion passed 6-1 (Councilman Friedman opposed) . 9h. Traffic study 366 Temporary parking restrictions, Resolution No. -87=41 -Louisiana Ave. It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt-Resolution- 87-41-entitled- Resolution-ordering the placement of temporary traffic control signs on the west side of Louisiana Ave. from a point 160 feet south of Minnetonka Blvd. to W. 32nd St." The motion passed 7-0. 9i . Ford Rd/Shelard traffic signal Consultant selection It was moved by Councilman Meland, seconded by Councilman Mitchell , to -4111 authorize execution of a contract with Bather Belrose Bose, Inc. for consultant services relative to the improvement of the Ford Rd./Shelard Pkwy. intersection in an amount not to exceed $18,000. The motion passed 6-0-1 (Councilman Backes abstained) -74- • 9j. Louisiana/27th St. signal Consultant selection 1111 Councilman Friedman asked if there was ever an effort to combine bids on similar projects, for example this traffic signal and the one at Shelard/Ford Rd. The Director of Public Works explained that in these two projects, the lighting systems would be quite different, requiring special expertise especially as regards the Shelard/Ford Rd. signal . Thus, the need to hire two consultants. It was moved by Councilman Mitchell , seconded by Councilman Meland, to direct staff to execute a contract with Short-Elliot-Hendrickson, Inc. for consultant services not to exceed $6,900. The motion passed 7-0. 9k. Elderly/handicapped call-in Councilman Strand asked Councilman Friedman if he felt there was adequate need for this program. Councilman Friedman replied he felt there was, but it remains to be seen. He said the initial investment of the City was $3,000. If the program takes off with more participants, it may have to be brought back to Council to see how to proceed. He said the Police Department can commit only so much time and effort. 1111 Councilman Strand asked if the Police Department was aware of their involve- ment. The City Manager responded they were. He said if the senior center participates the involvement of the police would be reduced. If the seniors do not partici- pate, the whole program will h-aace-to_bQ rev-Qwe.d_ It was moved by Councilman Friedman, seconded by Councilman Meland to proceed with implementation of the program contingent on approval by Lenox Senior Citizens Board and that the City participate in the annual cost of the program. The motion passed 7-0. 91 . Louisiana Ave.-homes Marketing--update It was moved by Councilman Meland, seconded by Councilman Duffy to receive the report for filing. The motion passed 7-0. 9m. Inspections backlog It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the appropriation to pay overtime to inspectors clearing backlog. 116 The motion passed 7-0. -75- City Council meeting minutes April 6, 1987 9n. Housing and Redevelopment Authority minutes 9o. Planning Commission minutes Mar. 11 4111 9p. Streets and Highways minutes 9q. Planning commission minutes Mar. 18 9r. Human Rights Commisdsion minutes Jan. 21 , Mar. 18 All minutes ordered filed by consent UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilman Strand, seconded by Councilman Duffy, to appoint Lenore Brill to the Metropolitan Sound Abatement Council and to appoint Donald Ringham as alternate. The motion passed 7-0. It was moved by Councilman Duffy, seconded by Councilman Friedman, to accept David Kragseth's resignation from the Board of Zoning Appeals and send him a letter of thanks for his service. The motion passed 7-0. Staff was directed to elicit interest from previous interviewees relative to filling Mr. Kragseth's position. 10b. Property abutting Minnetonka It was moved by Councilman Mitchell , seconded by Councilman Strand, to receive the report for filing. The motion passed 5-2 (Councilman Meland, Mayor Hanks opposed) . NEW BUSINESS lla. Gambling license Disabled American Veterans The license was approved by consent. llb. Bid tabulation 1987 diseased tree removal It was moved by _Councilman Duffy, seconded by Councilman Strand, to designate I Ceres Tree Service as the lowest responsible bidder and authorize execution of a contract for $107,205. The motion passed 7-0. llc. Bid tabulation 1987 bituminous patchwork materials It was moved by Councilman Meland, seconded by Councilman Backes, to designate Bury & Carlson as the lowest responsible bidder and authorize execution of a contract in the amount of $36,225. The motion passed 7-0. -76- City Council meeting minutes April 6, 1987 MISCELLANEOUS 11111 12a. Claims None. 12b. Communications from Mayor The Mayor noted there will be and International Festival at the high school on Saturday, April 11 from 10 to 4. 12c. Communications from City Manager The City Manager requested an executive- session after the meeting to discuss a matter of litigation. He said there would be a presentation on the Capital Improvement Project prior to the Council meeting on April 20. 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 April 6, 1987 in the amount of $636,225. 16 for vendor claims and $6,702.35 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. IIIThe motion passed 7-0. 13b. Contract payments - Partial 1 . Northern N Contracting, Hannon Lake sedimentation basin. Amount: $8,301 .41 . It was moved by Councilman Meland, seconded by Councilman Strand to approve and authorize payment. The motion passed 7-0. 14. Adjournment A motion to adjourn at 8:45 p.m. passed unanimously. M or Li- #77 Re or in 9 Secretary II -77-