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HomeMy WebLinkAbout1987/08/03 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ET. LOUIS PARK, MINNESOTA Au. st 3, 1987 1 . Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks 2. Presentations Mayor Hanks read a proclamation designating August 11 , 1987 as "National Night Out" 3. Roll Call The following Councilmembers were present at roll call : Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks 3. Approval of Minutes It was moved by Councilmember Duffy, seconded by Councilmember Backes, to approve the minutes of the July 20, 1987 meeting. The motion passed 7-0. It was moved by Councilmember Mitchell , seconded by Councilmember Backes, to approve the minutes of the July 27 study session. The motion passed 6-0-1 (Councilmember Strand abstained) . PUBLIC HEARINGS 6a. Holy Family Fall Festival Request for temporary 3.2 beer license It was moved by Councilman Meland, seconded by Councilman Friedman, to approve the request. The motion passed 6-1 (Councilman Strand opposed) . 6b. Street lighting, Park Center Blvd. Improvement hearing, Project 87-40, Resolution 87-96 street lighting on Park Center Blvd. south of W. 36th St. to T.H. 100 There being no one wishing to speak, the Mayor declared the hearing closed 11 with the right of Council to thereafter 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. 87-96 entitled "Resolution ordering improvement -157- • City Council meeting minutes August 3, 1987 ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 87-40, street lighting on Park Center Blvd. south of W. 36th St. to T.H. 100." The motion passed 7-0. 6c. 2900 block of Princeton/Quentin Improvement hearing, Project 87-03, Resolution 87-97 alley paving, 2900 block between Quentin and Princeton Avenues 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 Backes, to waive reading and adopt Resolution No. 87-97 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 87-03, alley paving 2900 block between Quentin and Princeton Avenues." The motion passed 7-0. 6d. 4100 blocks of Wooddale/Toledo Improvement hearing, Project 87-42, Resolution No. 87-98 alley paving, Toledo Ave. to Wooddale Ave. between W. 40th and W. 41st St. 111 There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Resolution 87-98 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 87-42, alley paving on Toledo Ave. to Wooddale Ave. between W. 40th and W. 41st Streets." The motion passed 7-0. 6e. 3000 blocks of Hampshire/Idaho Improvement hearing, Project 87-43, alley paving 3000 block between Hampshire and Idaho Avenues 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 Backes, to waive reading and adopt Resolution 87-99 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 87-42, alley paving on 3000 block between Hampshire and Idaho Avenues." The motion passed 7-0. -158- City Council meeting minutes August 3, 1987 41111 6f. 3100 blocks of Hampshire/Idaho Improvement hearing, Project 87-44, Resolution 87-100 alley paving 3100 block of Hampshire/ Idaho Avenues There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-100 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement 87-44, alley paving, 3100 block between Hampshire and Idaho Avenues." The motion passed 7-0. 6g. Alley paving Improvement project No. 86-25, alley paving on Zarthan Ave. to Alabama Ave. between Cambridge and Goodrich Ave. Al Abel and Al Engen spoke in favor of the project. Mr. Engen reminded the residents present who were in opposition to the project that it was agreed upon for last year, but one resident changed his mind. He said that 111/ in the intervening period, the project cost has increased by $300 and if delayed again this year, the costs will no doubt increase again. Gerry Schaper, Agnes Hodgon and John Mantz spoke in opposition, all feeling it was too much money for the benefits to be derived. 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 to a future date. _ Mayor Hanks wondered if the removal of two names affected the 51 percent of the affected property owners petitioning for the project. The City Assessor said that with the withdrawal of the Schapers, the percentage fell below 50 percent: It was moved by Councilman Meland, seconded by Councilman Backes, to continue the hearing to August 17, 1987. The motion passed 7-0. 6h. 3000 block of Joppa/Lynn Ave. Improvement hearing, Project 87-34, Resolution 87-101 alley paving of 3000 block between Joppa Ave. and Lynn Avenue 11/ Pam Lott, owner of the apartment building abutting the project, spoke in opposition stating the project is economically unjustified and of little benefit to her building. The assessment to her would necessitate her raising rents. -159- City Council meeting minutes August 3, 1987 Councilman Strand asked if she were aware Park Pointe Apartments had requestedII this improvement because of the deteriorating condition of the alley. Ms. Lott said none of her tenants have ever complained about the condition of the alley. Jan Susee, Park Pointe Partners of Minneapolis, said they have put a lot of money into their properties in St. Louis Park to upgrade them and they feel the condition of the alley is a major detriment to their ability to maintain rents and their properties. He presented a petition signed by 41 of their 45 , tenants expressing their desire for the improvement. They were suggesting blacktop instead of concrete which would reduce the cost considerably. He said the alley functions as more of a street than an alley. 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. Councilman Mitchell asked which surface it was to be, asphalt or concrete. The City Manager said staff was recommending concrete because an asphalt overlay would probably fail in a couple of years because the base is inadequate. Mayor Hanks asked what was usual width of an alley. The Director of Public Works responded 10 ft. , but it was felt a 14-16 ft. would be preferable to give it more definition as a public way through those two parking lots. Councilman Meland asked it the costs were based on a 14-16 ft. width. The Director said it was based on a 10 ft. width. Based on the standard 10% contingency for these improvements, it was felt the City could probably go for a 14-16 ft. width based on the fact that some 5-6 projects will be bid simultaneously. Councilmember Duffy asked what the annual assessment would be to an average property. The City Assessor responded the annual principal would be about $500. At 9% interest, the amount would be $900 and declining. The Public Works Director suggested that relative to cost savings, perhaps it might be beneficial to have the project designed and bid out at 10 ft., and if it is a significant cost saving, then perhaps a wider alley could be constructed under a change order if the Council so desired. Councilmember Mitchell asked if another option could be to order in the project at a not-to-exceed and let the market decide whether it's to be 10, 14 or 16 ft. as long as it didn't exceed that amount. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve the project at 10 ft. wide provided staff bring the item back to Council for reconsideration in the event there is a substantial savings achieved on the bid received for the improvement projects. Ms. Lott said since she had only recently heard of this project, she'd be happy to bring petitions from her 30 tenants in opposition to the project. Mayor Hanks said he has traditionally gone along with the percentage who own an alley rather than the citizens. -160- • City Council meeting minutes August 3, 1987 4111 Councilmember Strand said another interest being served here is that the City does have a desire to get its alleys paved and that is a consideration he keeps in mind when trying to decide whether or not to approve alley projects. In response to a comment from the audience, Councilmember Friedman said he was a bit confused as to why, if the owner at one time had offered to pay for an asphalt alley, why the City refused to put it in. He said he had a hard time voting for this project. Mayor Hanks said it has been City policy for years to replace alleys with concrete and staff in that instance was only following through on Council 's directive. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to call the question. The motion passed 7-0. The motion to approve the project, waive reading and adopt Resolution 87-101 entitled "Resolution ordering improvement, ordering preparation of plans, specifi- cations and authorizing advertisement for bids for Improvement No. 87-34, alley paving, 3000 block of Joppa/Lynn Avenues" passed 6-1 (Councilmember Friedman opposed) . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Leaning Post Phil Eder, owner of the Leaning Post, addressed Council stating that although condemnation notices on properties in the Excelsior Blvd. redevelopment district were to go out in early June, it was now early August and none has been received. He said he was losing employees who had relied on the development schedule and was now looking at the total revamping of his business. One of the things he is considering is ceasing his food service activities. He said that before he spends a lot of time and effort looking at different alternatives open to him, he wanted to knjw if the serving of food in a liquor licensed establishment was Council policy as opposed to being specified in an ordinance. He wondered what his status would be should he cease to serve food in his establishment. Mayor Hanks said he believed Mr. Eder received his license before there was any requirement for food to be served where liquor was served. Mr. Eder said he recalled that a stipulation of his approval was that the requirement would have to be in effect within one year of that approval . The City Attorney said there were two issues: (1 ) That Mr. Eder's license is for Sunday sale which, under City code, requires that food be served; and (2) this may be a condition of his special permit as it relates to a Class I restaurant although he would want to more thoroughly review that. In answer to a question re condemnation, the Planning Director said it was 11/ to occur within days, that virtually all the problems relative to property descriptions are resolved and nothing else is holding up the filing. He said purchase agreements have been submitted to all property owners, a process that can continue up to and beyond condemnation, i .e. settlement can conceivably be reached with respect to acquisition in and apart from the condemnation process. The reason the condemnation notices haven't been filed is because the legal descriptions and property ownership is a critical problem and none of the area -161- City Council meeting minutes August 3, 1987 has been platted. He said attorneys have had to go back some 70 years to research the history of these properties. Some legal descriptions don't exactly match the surveys, and that some gaps exist in descriptions which must be resolved prior to condemnation. Councilmember Backes said Mr. Eder told the HRA in May that he was closing his establishment in June. Mr. Eder said his attorneys advised him that if he closed prior to receiving condemnation notice he would suffer severe economic damage in realizing any type of award in condemnation. Councilmember Strand said he would like to accommodate Mr. Eder because of the delays that have occurred. He felt it incumbent on the Council to find out exactly what Mr. Eder's legal status was. Once that is ascertained, he said he'd be willing to take a look to see how he could be accommodated. It was moved by Councilmember Strand, seconded by Councilmember Backes, to direct staff to determine the legal status of the Leaning Post liquor license and what ability the City has to accommodate Mr. Eder's request. Councilmember Backes added a request that staff check into the definition of Class I restaurant at the time Mr. Eder received his license in comparison with the requirements today. Councilmember Meland suggested staff might wish to check with the Liquor Control Commissioner re the status of Sunday licenses. The motion passed 7-0. 7b. Storm damage John Lunn, 3030 Pennsylvania Ave. , described the damage to his home from the July 23 storm. His main complaint was about the sewer backup creating 20" of backup into his basement. His complaint was that the City apparently does not have a master plan to prevent this happening in the future. He asked where the people affected by this storm, especially the handicapped and elderly who can't do the necessary cleanup work, could turn for assistance. James Brown, 3125 Pennsylvania, Mrs. George Anderson, 3037 Pennsylvania and Leah Sukhram, 3033 Pennsylvania, all spoke to complain of sewer water backup and damage to their homes. There were also complaints of extra charges being made by the refuse hauler. Mayor Hanks asked that staff undertake a thorough investigation of the situation as it occurred on Pennsylvania Ave. including the pumping capacity and what had happened and report back to Council . Councilman Meland felt the pumping capacity of the lift station serving this area should be looked into. Also, he was not aware of any kind of emergency help coming from anyone that people could utilize. He asked what kinds of assistance will be made available if and when the federal government declares this a disaster area and who would the people contact. He made this in the form of a motion with the foregoing a direction to staff. • -162- City Council meeting minutes August 3, 1987 Councilmember Friedman seconded with the inclusion of what 'kind of assistance could the City get in the future for cleanup. He also asked that Council be apprised of any excessive charges for pickup and were those charges made by the City' s contracted hauler. Councilman Strand commented that the City does have an emergency plan. He would like to see the plan addressed to see if there isn't a possibility of having some sort of emergency crews, whether they're volunteer or not, or some sort of network that could be put together as quickly as possible in terms of emergency. The motion passed 7-0. Steve Wolfbar, 3137 Oregon, asked if the pump in the station was defective because it was pulled out on Friday morning. The City Manager responded that three pumps in the lift station were functioning all Thursday evening, but that one of them flooded out at 5:00 a.m. Friday morning and that was the one Mr. Wolfbar observed being removed. He said there could have been 15 pumps working and there still would have been backup. He said it would be virtually impossible to build a pump station to handle such a deluge. Councilman Mitchell said he'd like to see in the report how a determination is made in terms of whether the backup is sewage, groundwater or what. How _ I is a judgment made, on observation? RESOLUTIONS AND ORDINANCES 8a. Oak Trail development It was moved by Councilman Meland, Resolution 87-102 seconded by Councilman Friedman, to waive reading and adopt resolution of denial . Mayor Hanks reiterated his statement of July 3 when he requested the legal aspects of a resolution of denial be researched and what the consequences of such denial would be. Based on that research, he would then make his decision whether or not to support the resolution of denial . Now, after receiving the legal analysis, he expressed a major concern about supporting a resolution of denial for this project. It was his feeling that if this case were to go to court, the facts would be difficult to support. Notwithstanding Council 's broad discretion in approving/disapproving special permits, he felt the problem facing Council was that the property does meet the zoning, there is an approved PUD never changed by the City Council to build this complex, it meets the zoning, has had preliminary plat approval and has had preliminary bond financing by the Council . He felt the major concern about the project was not the development itself, but access to and from it. He felt two things needed to be addressed: the exit, which he did not believe should go west out to Pennsylvania Ave. and secondly, he felt the Council should refer back to the Planning Commission 11/ a review of the PUD for the area which would allow 200 more apartment units south of 3300 On the Park. Councilmember Friedman said that based on the information he had obtained -163- City Council meeting minutes August 3, 1987 from the City Attorney, it appears the City Council has absolute final authority at the time a special use permit is applied for to grant or deny based on1111 the applicable ordinances and that any actions taken prior to that do not have any legal consequences if the findings of Council are based on the applicable ordinances. The City Attorney said he had previously advised the Council they have discretion to approve or deny and such discretion must be based on the criteria set forth in the ordinance and must have a reasonable basis. Councilmember Friedman asked if the criteria upon which the motion is made is the basis under which denial can be made. The City Attorney responded that the proposed resolution of denial addresses questions relating to the Comprehensive Plan, traffic, environmental issues and general health, safety and welfare. Those criteria are set forth in the ordinance relating to the issuance or denial of a special permit. Councilmember Friedman asked if the findings upon which the denial was based conform to the City's ordinance, to which the City Attorney said they did. Councilmember Friedman said it appeared to him that this was not a legal matter, that it appears to be based on what the Council said, i .e. that we do have grounds on which to proceed with denial . He reiterated once again his feeling that the City has an obligation to review what it is doing and to follow honestly on what it feels needs to be done. In this instance, the City has a Comprehensive Plan over a decade old. He felt that operating from a plan this old without 111 review today does not make a lot of sense. He said that subsequent to that Comprehensive Plan, a large number of units have been constructed, Newport on Seven. This has compounded the traffic problem which, in his opinion, has not been addressed at all by the planner, the City or the City Council . He said there was a problem with crossings especially when Hwy. 7 is upgraded which will further compound the problems. At this time, he saw nothing to change his mind as long as Council is acting within the law and in good judgment. He said he would not be opposed to this development if some of the other questions were answered in the affirmative. Also, in terms of disturbing the dirt, he said it is not known what can happen on the site. He felt the bonding had no bearing on this decision since staff has assured him that this development is not needed to pay eff the bonds, that the bonds will be fully supported on the existing development on the site. If his concerns were addressed in a way to show no negative impact on the area, then he might reconsider and be in favor of further development in the area. Councilmember Meland agreed with Councilmember Friedman and believed the findings in the resolution were supported by the facts that have been presented to Council in the public hearings. The motion for denial failed 3-4 (Councilmembers Friedman, Meland, Strand in favor; Councilmembers Backes, Duffy, Mitchell , Mayor Hanks opposed) . It was moved by Councilmember Duffy, seconded by Councilmember Backes, to waive reading and adopt Resolution 87-102 entitled "A resolution granting special permit under Section 14-124. 101 of the St. Louis Park ordinance code relating to zoning to permit a 164-unit multiple family development for property zoned PUD, planned unit development, at 3400-3450 Oak Trail ." -164- • City Council meeting minutes August 3, 1987 4111 Councilman Duffy added a condition to the motion that access via Walker St. be designated the access to the project. Councilmember Strand asked if that access can be moved from where it is shown on Exhibit C in order to preserve some of that corner of the park. The City Manager said that the drawing before Council was just a concept and that some of the access will have to be moved because it cuts into the hill which is something the City will not do. Councilmember Mitchell asked where the proposed cul-de-sac would be in relation to the proposed outlet on Walker St. The City Manager responded it would be west of the access point, somewhere between Pennsylvania and the access point. He reminded Council the proposed cul-de-sac was part of the Hwy. 7 plan and was put in as part of the neighborhood' s concern about traffic on 36th St. It was not done at the time Newport on Seven was proposed. Lori Millbauer, 3300 on the Park, stated the residents of 3300 had all signed a petition in opposition to this project. She again expressed her opposition, stating if this project goes in, there will be little park left. In answer to a question from the Mayor, the city planner said that 22 acres of the area remain as park area. If lot five were not developed, there would be another 8-10 acres of park land. All total , there are 30 acres of park land out of a total 80 acres in Oak Park Village which does not include Oak Hill Park, Block 8 which is vacant and a couple of other strips of land which are unlikely to be developed. had not Councilmember Mitchell said he/ supported the resolution for denial at the July 20 meeting and had raised a question relative to the recourse the developer would have since the City has been working on this project now for several years. He said he would support the motion to approve although he did have a problem with the Walker St. access. He believed that the area is going to be developed, if not today, then at some future point. He believed the developer is a good one who has a good track record for quality developments. He said he has worked well with the City in the past and he doesn't see why he won't in the future. He preferred that to an unknown developer. In the terms of the revenue generated he felt that although the revenue is not required, the increased revenue would allow the bonds to be paid off that much sooner, thus freeing up the area for the tax revenue to be shared with the City's schools, currently denied to them. Councilmember Strand felt the Walker St. access was definitely the best access. He said going through the neighborhood on 35th St. or across the park to Louisiana Ave. would seriously destroy the value of the park land that is remaining. The motion to approve passed 5-2 (Councilmembers Friedman and Meland opposed) . It was moved by Councilmember Strand, seconded by Councilmember Meland, that 4111 Council refer to the Planning Commission reconsideration of the desirability of developing Block 5 or any other portion of this PUD. The motion passed 5-2 (Councilmembers Backes and Mitchell opposed) . -165- City Council meeting minutes August 3, 1987 8b. CDBG funding Joint agreement with Hennepin Resolution 87-103 County for Community Development Block Grant funds It was moved by Councilmember Meland, seconded by Councilmember Strand, to waive reading and adopt Resolution 87-103 entitled "Resolution of joint cooperation agreement with Hennepin County for purposes of qualifying for the United States Department of Housing and Urban Development Community Development Block Grant program." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Well construction Preliminary engineering report: St. Peter aquifer monitor well construction By consent (7-0) , staff was authorized to enter into an agreement with Reilly Tar & Chemical to construct one St. peter aquifer monitor well and was directed to develop plans and specifications for the construction of four additional monitoring wells. 9b. PER: Decorative street light Preliminary engineering report: Project 87-48, mid-block decorative street light on 2500 block of 1111 Monterey By consent (7-0) , staff was directed to set a public hearing for Sept. 8, 1987 and schedule a neighborhood meeting for the affected property owners. 9c. France/Excelsior Blvd. Status of proposed construction of France Ave. from Excelsior Blvd. to W. 39th By consent (7-0) , report ordered filed. 9d. Traffic study 371 Resolution 87-104 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to waive reading and adopt Resolution 87-104 entitled "Resolution authorizing installation of no parking - fire lane signs along the south service road in the Federation Addition, no parking anytime restrictions along the entire length of Decatur Ave. south of W. 36th St. and stop signs on the south service drive at Decatur Ave. and on Decatur Ave. at W. 36th St." The motion passed 7-0. 9e. Garbage contract Garbage and refuse collection contract It was moved by Councilmember Strand, seconded by Councilmember Meland, to -166- City Council meeting minutes August 3, 1987 direct staff to negotiate a contract with Wooddale Sanitary for up to five 4111 additional years. The motion passed 7-0. 9f. Bass Lake trail Preliminary engineering report: Project 86-16, Bass Lake trail By consent (7-0) , staff was authorized to inform the affected residents of the proposal , negotiate with Franz Klodt & Son for trail construction or solicit bids for the work in the event developer negotiations fail . 9g. HRA minutes By consent, the minutes were ordered filed. UNFINISHED BUSINESS None NEW BUSINESS None. MISCELLANEOUS III 12a. Claims Robert Johnson William Manners By consent (7-0) , all claims referred to City Clerk and City Attorney. 12b. Communications from Mayor The Mayor reminded Council of the National League of Cities conference. 12c. Communications from City Manager The City Manager gave Council an update on the GAC plant. He said that the study session on August 10 would have two items: the Park and Recreation organizational study and a report from the Governance committee a Councilmember Friedman asked what recourse the City had with the cable tv company in terms of its announced increase in basic cable rates as well as their inadequate service. The City Manager said the City does and does not have recourse. The rates are controlled by federal law, and the only control the City has is relative to the franchise. He said one option for the City would be to not renew the franchise. Councilmember Mitchell felt it might be helpful for staff to summarize for Council what the prerogatives are and summarize an explanation of how refranchising takes place and how any grievance procedure would be handled. -167- City Council meeting minutes August 3, 1987 It was moved by Councilmember Friedman, seconded by Councilmember Meland, ' to direct staff to write a letter to Nortel expressing the Council 's concerns about the proposed increase as well as their inability to answer phones and resolve problems in the system. The motion passed 7-0. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent (7-0) , the list of verified claims prepared by the Director of Finance, dated August 3, 1987 in the amount of $492,183.06 for vendor claims and $31 ,747.23 for payroll claimswas approved and that the City Manager and City Treasurer wereauthorized to issue checks in the appropriate amounts. 13b. Contract payments 1 . Final payment: Diamond 5 Wrecking, Pick A Pop demolition. Amount: $15,802.00. It was moved- by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution 87-105 entitled "Resolution accepting work on structural demolition, City Project 87-39, Contract .No. 1809." The motion passed 7-0. 1111 2. Partial payments: a. Philips Klein construction at municipal service center. Amount: $14,117 b. F. F. Jedlicki , watermain on Louisiana Ave. Amount: $44,998.08. l By consent (7-0) , the partial payments were approved and payment authorized. 14. Adjournment The meeting was adjourned at 9:47 p.m. i UJ• AL4fi-,/ Mt .r &y Re ordin Secretary -168-