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HomeMy WebLinkAboutCC MINUTES 03251986 Meeting Sheet , f "i ,1 ,101749 Box:;21 Folder;CC MINUTES AND AGENDAS.1986, Documrent ,.CC M I N UTES.03251986 ' CITY' V' ST ANTHONY COUNCIL MINUTES March .25," :1986 The--meeting, which followed •a .Council work' session, opened at 7;=30 P 'M. with the Pledge of Al"1'eg;iance led by Mayor Sundland". „ Present for roll> callMar.k�s Ranallo,� Sundland Enrooth',,,andMakowske Al o= present -°David CKi l ds, 'City Manager,; :and Larry Hamer,;:Pub1 is Works.Director. Motion �by. CounciImember.';Makowske�:and. seconded, by-Councilmember;Ranallo :to approve as submi t e-& the minutes'for the Counci l meeting _hel,d- February 25 1_9. 86.- Mottbn,.carr 986 - Mottbn .carr.iedunanimously; . Motion by Cou:ncilmember-;Ranal_1_o and seconded by Councilmember. Marks.-_to grunt the- fol-1 owing. 1 i tenses and .permits as .;listed n:the March, 25, 1986 Council agenda `Wine - Si l-ver Like Pasta .` Juke. Box SIick' s ,Al ternafive, Ltd: On ,Sale 3:.2 ,Beer. • > Pi z'za 'lout`; Restaurant St.- Anthony;-Lanes' Sil ver Lake_.'O Pasta.,dba..Scarpel 11 s Amusement Devices = . = -St.- Anthony Fun Center--C_30:). 51 i cM s Al ternati,Ve;. Ltd-- C2) St. Anthony :Lanes=%(g) Off=Sal e, _ Speedy Market=_ Country Club Market .. T Red--Owl :Country`.Store., Rubbish'' Keith Krupenny &.'Sons Crenewal-): .Browning`.Ferris .Lndustri'.es Irenewal )` Service Station Speedy-Market, Inc. Dick'.'s Amoco, 3700 Silver Luke Road' Dick's St. Anthony 76., MO.'Ohzie Terrace Murphy's-:Service Center, 3501 - 2.9th Avenue_. N.E. f .2. Bench • U. S. Bench Corporation Cigarette Town & Country- Foods Speedy Market, Inc. St. Anthony Lanes- F. W.- Woolworth Bowling Alley Minneapolis Bowl-O-Mat St. Anthony Lanes Vending Minneapolis Bowl-O-Mat Manor -Wash .'N'. Dry St. Anthony Lanes Contractors 'Crenewal s1' Watson-Forsberg, Minneapolis David Volkmann Construction, Inc. ,- Circle Pines Rein Builders,, Inic: , St. Paul GibraTter Mausoleum Construct ion; ' Inc. , Indianapolis, IN Joe Nelson Stucco:- Co. , Coon Rapids • Kraus-Anderson Construction; Minneapolis Lawrence S.i'gn Co. , St. Paul' Suburban Lighting, ;Stillwater Belair Builders, New Brighton Norsk Concrete .Construction,-.Mi,nneapolis Motion carried unanimously. Motion by Councilmember Ranallo and seconded by Councilmember Makowske to also grant a 3.2 .off-sale beer license to Town and Country Foods. Motion carried unanimously. Motion -by Councilmember Marks and seconded by Councilmember Enrooth to approve payment of all verified claims listed for. February 28 and March 25, 1986, exclusive of Check #01250 for $21 ,622.61 in the February 28th listing, on which the Manager . indicated he would check. Motion carried unanimously. Motion by Councilmember Marks and seconded by Councilmember Makowske' to approve payment of $571 .95 to Dorsey & Whitney for legal services rendered during January, 1986. Motion carried unanimously. • Motion by Councilmember Marks and seconded by Councilmember Ranallo to approve payment of $9.;000 to District #282 for the City's use of the Parkview facilities during January,. February, and March, 1986. - Motion carried unanimously. -3- Motion by Councilmember Enrooth and seconded by Councilmember Makowske to approve payment of $25,108. 11 to the Metropolitan Waste Control Commission for February sewer service charges.. Motion carried unanimously. Motion by Councilmember Ranallo and seconded .by Councilmember Marks to approve payment of. $1-,825 to the Edward J. Hance firm for legal services rendered in -con- nection with St.. Anthony prosecutions from February 7 to March 5, 1986. Motion carried unanimously. Motion by- Councilmember Marks and seconded by Mayor Sundland to approve payment of $77.4.20 to the Briggs- & Morgan law firm for legal services from February"2 - .28, 1-986. connected with the litigation against the U.S. Army, et al , related to the City's water contamination problems. Motion carried unanimously. In regard to the latter payment, Mayor Sundland said 'he and Councilmembers Marks and Makowske had carried the information about the City' s lawsuit' to the Congressional Delegation when they .had been in Washington, D.C. for the National Conference -of the League of Cities and had perceived-the City would have the `strong support of each in its suit. The Mayor also reported some movement on the Army's part related to its responsibilities in New Brighton, at least to the extent there had been some - willingness to consider ta'lki`ng to New Brighton about settlement -of the claim. • Councilmember Makowske .iindicated she had found the trip to Washington to be extremely worthwhile and said she had -written a. report �on he'r'-tri p wh'ich' the Manager would be circulating soon. That report would include her visit with four of Minnesota's congressmen and her discussio:ns�with�..the environmental specialist they had referred her to in regard to the water contami`nati'"on 1'-i ti'gati on. The Councilmember then related an amusing anecdote from her visit with Senator Bos,chwitz after which the hearing on the .CDBG allocation was opened at 7:45 P.M. , as scheduled. The notice of the hearing which had been published in the March Ilth Bulletin had projected a total allocation of $22,821 , which- the Manager reported had been cut by about $1 ,000 since .that projection had been made. This meant the maximum amount the City could allocate. to the Senior Citizens Program,could only be 1.5% of the actual total , or $3,299; In reference to the $11 ,900 the City had proposed to dedicate towards. the pedestrian signal on Kenzie Terrace, Mr. Childs said-he had learned at a meeting the previous day with Hennepin County Highway Department representatives that the signal was considered to be of the same design as a four way stop signal which would cost about $70,000, making that allocation very inadequate. . The Manager- recommended the City seek instead to get those funds from "discretionary funds", also available from the County. Councilmember Ranallo suggested the City might have a better chance of getting those funds if the $11 ,9.00 were left in this year's CDBG allocation. Mr. Childs reported he had put the $5,000 for sidewalks along the west side of Stinson Boulevard which had been used for Kenzie Terrace, back into this year's allocati.on. He said Ramsey County has set up their allocation system in such a way that using those funds for a project this size would be inadvisable. Councilmember Makowske noted that Ramsey- County was only getting $900,000, which was much less than anticipated. She said she .was curious about the amount of brick which was being put _ -4- on the Walker project building and would have appreciated having a listing of the projects for which CDBG funds had been used in the past. Mr. Childs said the City • had approved less brick for that building last summer based on the fact that Walker had less money for that purpose. He said the City had allocated over $60,000 in CDBG funds towards the soil corrections, landscaping, improvements to the roadway into the project as well as More brick on the building and Walker had allocated $80,000 of their own money to upgrade the building from the type of building H.U.D. was willing to pay for. Mr. Childs indicated applications for tenancy in the senior project are being taken and selection would be made by lottery, April 16th. The Mayor reported sales were picking up for the Kenzington across the street and said he had been requested to award a Tucson, Arizona trip which was part of the sales effort. There were no residents present to provide further input to the discussion and the hearing was closed at 7:48 P.M. Motion by Councilmember Marks and seconded by Councilmember Makowske to approve the following activities for the City's Year XII Urban Hennepin County Community Development Block Grant allocation, as recommended by the City Manager. Activity Public Services CSenior Citizens Program). $ 3,299 Sidewalk Construction 5,000 Street Assessments Clow Income Residentsl. 2,500 Pedestrian Signal , Kenzie Terrace 11,196 • TOTAL PROJECTED ALLOCATION $21,99.5 Motion carried unanimously. Councilmember Makowske called attention to the error in the Ramsey County League of Local Governments book which showed- the Mayor's term of office ending in 1989 rather than 1987. The Manager said he would look into it and also the condition of the sidewalks across from the trailer court on Stinson Boulevard, about which the Councilmember had gotten an irate call from a resident on an adjoining street. Councilmember Marks indicated he had detected a much more depressed attitude on the part of the congressmen he visited in Washington than he had on previous trips. He said he attributed the poor spirits to the cuts in benefits being made at this time and the Councilmember said for the same reasons, those legislators were unable to hold out much hope of the City getting further funding. Councilmember Marks said he had attended a 7:00 A.M. "retreat" session that morning of the Executive Board of the Youth Service Bureau where there was a continuation of discussions about the mission and purpose of the organization. No definitive directions to the planning commission on which he serves evolved and another Board meeting was scheduled to be held the following Tuesday morning. An invitation had been issued to thie City officials to attend a seminar on "Teen Sui_clde", which Councilmember Marks said he assumed involved the Bureau. He also told Councilmember Makowske the parochial schools certainly should have been invited as well . • Comments were made related to the very high alcohol blood counts taken from DWI violators whose names were listed in the report from the Edward J, Hance firm related -5- to various matters conducted in the Hennepin County Municipal Court, March 5th • before the report was ordered filed, as were the February Fire Department report, District #282 minutes, the liquor operations sales summary, and the January 31st Finance Report. In his March 21st memorandum, Mr. Hamer had recommended the establishment of a Recycling and Beautification Fund into which monies received from the sale of materials collected at the City's recycling center could be deposited for use for future City beautification or property development projects, The Public Works Director indicated the center had picked up in volume ever since the operation had changed and it had been necessary to have someone take care of separating aluminum and performing other duties he perceives are necessary every day and not periodically. It was his suggestion that a laborer be assigned to spend about 10 minutes a day to perform those duties. As an indication of the increase in business at the center, Mr. Hamer reported the receipts from the sale of glass alone had exceeded $300 in two weeks time; the aluminum had brought in close to $50. in the same time and the City was earning about $200 every two months for the sale of newspaper. These revenues could be used to purchase and plant trees on Kenzie Terrace, pay for part of the fountain costs, for landscaping for the right-of-way near the Hobo Restaurant the City maintains, and perhaps, start beautification projects near the Dairy Queen and in the median in the Industrial Park and the Public Works Director said he would like to see some more work done around the retention basin (Mirror Lake) . Motion .to Councilmember Ranallo and seconded by Councilmember Marks to establish a • "Recycling and Beautification Fund" for the City into which the recycling proceeds could be collected for special beautification projects to be determined as the funds are available. Motion carried unanimously. The March 18th staff meeting notes were noted and ordered filed. The Liquor Operations Task Force was.�tentatively scheduled to give its report to the Council at 7:00 P.M. , Monday April 7th. Action on the Risk Management proposal was deferred to later in the agenda. It was affirmed that the City's sirens had sounded as scheduled during Tornado Awareness Week. the problems the City faces when Sroga's towing insurance expires .were discussed briefly and the Manager said he would consult the risk management firm about what the City can do. Motion by Councilmember Ranallo and seconded by Councilmember Enrooth to adopt the resolution ratifying the 1986 employment contract with the City Police Department. RESOLUTION 86-017 A RESOLUTION RATIFYING THE 1986 AGREEMENT BETWEEN THE CITY AND AFSCME LOCAL 57, REPRESENTING THE • ST. ANTHONY POLICE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY _ Motion carried unanimously. -6- Before acting on, the ordinance which would change the zoning for the Fisher property, Mr. Childs was consulted as to what contact he had made with the adjoining property_ owners. He indicated he would be contacting Mr. Ammerman to the north before the final reading of the ordinance was accomplished. . , Motion by Councilmember Marks and seconded. by Counci-lmember -E.nrooth to approve the first reading of the ordinance which amends the City Zoning Map to change the use of the Fisher property at the corner of Stinson Bou-levard and 33rd Avenue N.E. . from C, Commercial District, to R-3, Townhouse Residence District, for the purpose of constructing townhomes- on the property. ORDINANCE 1986-004 AN ORDINANCE AMENDING THE CITY ZONING MAP Motion carried unanimously. Mr. Childs- said he did not have the additional informati-on which was needed for the Council to take action.on Mr. Hamer"s memorandum related to the breakdown of the Allis Chalmers road grader- and suggested the matter be delayed to the next Council meeting.. Mr. Hamer said he had the equipment. torn apart but would be able to plow the streets if there is a snowfall in the meantime. Motion by Councilmember Marks and seconded by Councilmember Makowske to table action on the replacement of the Allis Chalmers road grader until the Council 's April 8t.h meeting. • Motion carried unanimously. Motion by Councilmember.Marks and seconded by Counci-lmember Ranallo to accept.the . proposal , made by American Risk Service„during the work session earlier that evening, . to provide risk management consulting services to the City for $7,800 for 12- months. Motion carried unanimously. Councilmember ,Marks reiterated h .s position that "in terms .of evenness between candidates", he still tended to favor a two year- term for Mayor,, Motion by, Councilmember Makowske and seconded by Councilmember Enrooth to approve the third reading . and adopt the ordinance establishing a four year term of office for the Mayor commencing with the election of '1*987. ORDINANCE 1986402 AN ORDINANCE RELATI.NG TO THE TERM FOR THE OFFICE ,OF MAYOR,, - AMENDING SECTIONS 110:00 "AND 110:05 OF THE 1973 CODE OF ORDINANCES Voting on the motion: Ayer Makowske, Enrooth, Ranallo, and Sundland. Nay:. Marks. Motion carried. -7- Motion by Councilmember Marks and .seconded by Councilmember Makowske to approve the second reading of the ordinance establishing new water rates for the City. ORDINANCE 1986-003 AN ORDINANCE RELATING TO WATER RATES; AMENDING SURDS. 2 AND 3 OF SECTION 550:00 OF THE 19.73 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously. The meeting was recessed from 8;25 until 8:30. P.M., , when the Mayor opened the public hearing to consider the construction of a new street of a 9 ton axle design and capacity and 36 foot width including . curb and gutter with bituminous street surface and associatedcatch basin, storm sewer, and other repairs on St: Anthony Boulevard between Stinson Boulevard and Silver Lake Road with Minnesota State Aid funding of approximately 93% of the total project costs. The notice of the hearing had .been published. in the March 5th -and 12th issues of the Bulletin and mailed along with the Reconstruction Fact Sheet on the _proposal -to all abutting. p.roperty owners- of record along that street. Copies of a "Property Owners Rebuttal Regarding St. Anthony Boulevard"s Recon- struction" si-gned- by "Group #44" had been distributed prior to the hearing and was intrepreted for the Council by its author, Charles F. Kausel , 25.25 St. Anthony Boulevard, during the course of the hearing. Steve 'Campbell , Project Engineer for Short-ElliottrHendrickson, Inc. , gave a • presentation related to the proposed project and its estimated .costs. The engineer indicated soil borings of the existing roadbed had indicated .a need fora 7 inch structural section of pavement to be placed over a three foot granular grade .to replace the poor grade fill used in the initial street which the engineering firm percei,ved' would not provide a good roadbed in the future. It was therefore recommended that at least three feet of good material would be needed to stabilize the, base and to eliminate irregularities currently e'xperienced -wi.th roadbed heavings. Mr.. Campbell;: n:d cated, he perceived: the. sidewalks, -along.St'. Anthony Boulevard were in pretty good`sh.ape' 'and indicated that projected costs�"for any replacement desired by .abutting owners could be included in the total bid in order that a better -price could- b.e gotten for the property owners who -desired- to make those repairs.' The engineer indicated the intent was to abandon the 12 inch storm sewer line in the boulevard and to construct an 18 inch storm sewer line in the street and to replace all the catch basins running into the existing line at the same time. In the course of his presentation, Mr. Campbell estimated the project- cost at $440,000, of which $408,500 would be paid from the City's accumulation of MSA funds, and $31 ,500, or 7%, would be assessed to the abutting property owners. Mr., Kausel asked why .there was a discrepancy between the $35,000 quoted in the fact sheet and Mr. Campbell 's estimate that $31 ,500 would be assessed to .the abutting property owners and was told, as stated in the information sheet, the first figure was only an estimate. The Mayor indicated the important figure in the information given the residents was $10.50 the Boulevard homeowners would have to pay per front • foot which represented the amount established by the City to be-assessed property owners on a "normal" 5 ton residential street. which has to be reconstructed, whether or. not MSA funds are available for the project. _ -8- When Louis Altmann, 2501 St. Anthony Boulevard, rose to say he lived on the corner • of Roosevelt and St. Anthony Boulevard and didn't think it would be fair to assess him for the full 140 feet he owns on the Boulevard, Mayor Sundland told him he wasn't going to be assessed for the project at all because under the City Assess- ment Policy, the Roosevelt side of his property was considered the "long side" for assessment purposes and he would only have to pay for upgrading that street when it was done. Virgil Gottwalt, 2717 St. Anthony Boulevard, said the sidewalks on his end of the Boulevard were all in relatively good shape but the same was not true for the stretch between Wilson Street and Stinson Boulevard which heaved every winter and posed a threat for anyone walking down the street after dark. However, Mr. Gottwalt said he was concerned that, if the top of the new curbs are installed even one inch higher in his locality, the lowest point in the street, he would have a problem with runoff on his sidewalks. Mr. Campbell responded by indicating the proposal was to leave the grade pretty much the same as it is now, with curbs lowered only to the extent they would retain the existing drainage. He assured Bruni.s Smoka, 2513 St. Anthony Boulevard, who said he had just put in new sidewalks, that only the necessary minor changes in grade elevations would be made so he should experience no elevation problems with respect to his (Mr. Smoka's) newly replaced sidewalk section. Mr. Hamer told Ted Lochren, 2617 St, Anthony Boulevard, the City was proposing to include the upgrading of the storm sewer lines on the Boulevard now because the costs could be paid for from MSA funds along with the rest of the street improve- ments, but he cautioned the homeowners who experience occasional flooding on the . • Boulevard, that their problems would not be corrected until the connecting lines on Wilson are also upgraded, Don Everetz, 2901 St. Anthony Boulevard, indicated he owned 105 feet of property along the Boulevard and objected to the project "in its entirety" because he "was not interested in having the Boulevard, which is already a 'raceway' , becoming a 'speedway". Mr. Evertz said he favored doing the Boulevard portion running past the golf course, which he perceived to be "in really bad shape", instead, at this time. Mayor Sundland said the homeowner was another of the lucky ones whose corner lot would not be assessed under -the City's Assessment Policy but would be assessed when Coolidge Street is done, Mr. Childs explained that no matter what direction the house faces, the Qrdinance considers only the longest side of a corner lot for assessment purposes when streets are rebuilt. However, the Manager said, some of the corner lots on St. Anthony Boulevard have longer front than side yards and those owners would be assessed for this project. B-ob Knox, who owns a home on the corner at 2809 St. Anthony Boulevard, commented that he did not anticipate either Coolidge or Roosevelt Streets would be done any time in the near future, which the Mayor disputed, saying since studies had shown the infrastructure of the streets, and under the streets in the southern quadrant of the City had outlived their normal lives and were only being held together by sealcoati.ng, etc. Because the streets in that part of the City, which was the first built, are deteriorating so rapidly, the Mayor indicated he perceived the general consensus of the Council was that a rebuilding program, in a staged process, of course, would have to be undertaken very soon. is Because St. Anthony Boulevard alone among all of those streets qualified for MSA funding and the City could use tts allocation for a street rebuilding project there, -9- the Council had decided to hold this hearing to get resident input towards the Council decision in that regard, Mayor Sundland said. Jim Molinard, 2505 St. Anthony Boulevard, was told Short-Elliott-Hendrickson, Inc. , the City' s engineers, that the City would bid the job. He wanted to know whether, if the bid came in below the MSA allocation, the difference could be applied towards reducing the property owners assessment for the project and it was explained to him that under the City's Assessment Policy all residential owners, whether their streets are MSA funded or not, are to be assessed $10.50 per front foot, the assumption being that the first eight feet of street in front of their homes benefit the property owners as parking space and that since the middle of the street is used by everyone, that portion should be paid for from either MSA funds for a 9 ton design or the General Fund for a 5 ton road. Mayor Sundland indicated he perceived the state required the 9 ton design because that type of street could be expected to last longer. At this point, Mr. Kausel said he believed the 9 ton design was required to provide a truck weight load for the street and he questioned why, since the agreement the City has with the Minneapolis Park Board had forbidden any truck traffic on the Boulevard at all , the street had to be built to accomodate trucks. The Mayor told him the City's experience had been that MSA funds were available for only 9 ton streets, which Mr. Campbell indicated was correct, saying it was a statewide MSA policy to require all streets so funded to be 9 ton. When questioned about what it would cost to rebuild the section of the Boulevard south of the bridge, past the golf course, the engineer estimated that project would run in excess of $500,000. • Mr. Gottwalt indicated he had moved away from another MSA street, 33rd Avenue N.E. , to get away from the heavy traffic and trucks, and, although he agreed there are truckers who ignore the signs on the street, and it might help to -have City police. "crack down harder", the homeowner said he perceived it was almost impossible to keep trucks off any street no matter where it is in the metropolitan area. The homeowner saw one advantage for the people living on his street and that was its location between a parkway in Minneapolis and a golf course on the other end because truck drivers might be a little more reticent to drive on a parkway. Mr. Gottwalt said his biggest concern was that, if the MSA funds aren't used now, and might not be available later, the homeowners could eventually pay $50 instead of $10 when the street eventually has to be rebuilt. The property owner indicated he saw no choice but to build the road now to the required design and width while MSA funds are still available. Mr. Smoka asked whether the City could do anything about the truck traffic, saying he had lived on St. Anthony Boulevard since 1951 and perceived "the last years had really been bad, and it's getting worse", He perceived the truck drivers just ignored the "No Trucks" sign and said "even semi 's go through". Mayor Sundland said he wasn't certain the City could legally restrict truck traffic on MSA streets but the City had been posting streets like 2.9th Avenue N.E. against trucks all along. He said the residents on that street are still complaining about truck traffic. The Mayor added that the City's streets are the only ones which are so posted. Mr. Kausel gave the historic background of how fine customized homes had happened • to be built in the 50's along what at that time was the Minneapolis parkway system. He explained that the signature on the "Rebuttal" which the Mayor read, represented the 44 abutting property owners on St. Anthony Boulevard. When the Mayor asked Mr. Kausel if it was the position of those homeowners that the agreement which _ -10- transferred the ownership of the street from the Park Board to St. Anthony in 1965 had assured that property owners on the Boulevard would never have to pay to fix . their street, the document author said "that's right" and proceeded to read the December 17, 1965 agreement which he said had been given to him by the Park Board Superintendent at that time, Henry Rosacker. Mr. Kausel disagreed with the Mayor that ownership of the parkway had been transferred with that document but said his understanding was that the Park Board had only given St. Anthony an "easement grant" which could be rescinded "if the City permitted truck traffic on the street". Under that easement, Mr. Kausel suggested, the Park Board might have to pay for the improvements. The Mayor told him the .City had unsuccessfully attempted to negotiate that for the street past the golf course last year. Councilmember Ranallo asked Mr. Kausel if, as stated in his "Rebuttal", there had actually been "100% objection to the proposed construction" from all 44 property.t owners and whether he knew positively that all the people present for the hearing -that evening were opposed to the City doing anything to the street from Stinson Boulevard to Silver Lake Road. Mr. Kausel said he "had just thrown that percentage in" and had actually only contacted about 25% of the affected property owners. However, he said his group could go round with a petition which would reflect all the property owners' views. James Higgins said he was concerned about the traffic flow on the street from a standpoint of safety. He agreed with the conjecture that widening the street would only increase the existing problems by making the Boulevard more accessible to truck traffic. He said the reason he had bought a home at 2717 St. Anthony Boulevard was because that street was, he said he believed, "the only tree lined street in the Village on a parkway". Mr. Higgins said he perceived there couldn't help but be • some of the root systems damaged when the street is widened and trees are brought two feet closer to the roadway, in spite of the City's Fact Sheet statement that "no tree removals were anticipated". with the loss of some of those trees, Mr. Higgins said, he expected his own property values would be decreased, and he indicated he believed the City should be "trying to preserve the beauty of the Boulevard and to enhance that beauty so his son could remember that area the same way he had remembered it from the Ws when he was growing up there Mr. Kausel agreed with the assumption that some of the trees would have to be sacrificed because "there are only five and a half feet now between the trees in the Boulevard and the curb which would be lessened to three and a half feet if the street is widened". The group spokesman said there is also a danger that drivers would hit some of those trees if they are closer to the street, citing his own past experience with careless drivers. Mr. Kausel questioned whether the City had considered the potential problem they might have with the existing fire hydrants which are now located between the trees and the curb on the south side of the street. David Drews said by widening the street, the City would be increasing the traffic, which would make it impossible for his children to play in the front yard of his home at 260.9 St. Anthony Boulevard, He disputed the reports about heavy truck traffic on the street now by saying he had lived at that same location for the last seven years and the only trucks he had seen had been UPS trucks or semi 's moving people in or out. John B.redemus, 2709 St. Anthony Boulevard, asked whether the underlying purpose of the project was to install an 18 inch storm sewer line and was told the major reason the City was proposing the project was to upgrade the street surface and curb and gutters. He also questioned whether the City couldn't slow down the -11- traffic on the street and the Mayor explained that speed limits are controlled by the State of Minnesota and the City's experience with trying to lower the speed in alleys some time ago had been to have the DOT increase those speeds from 10 to 20 miles per hour. The Public Works Director said what had happened had been that the City had applied for a grant to upgrade its traffic signs in the City and during the discussions with highway representatives, the state had ordered the removal of the lower speed signs. Mayor Sundland indicated the City also found out that, if . the state were asked to monitor the speed on a street and it turned out that the speed on a street posted for 30. miles per hour actually averaged around 40 miles per hour, that speed could possibly be upgraded by the state to 35. He assured . Mr. Bredemus that the last thing the City wanted to do was to make the speed any faster than it is now. Mr. Campbell agreed with Mr. Bredemus. that there was no way the 'City could "guarantee" 'no root systems would be gotten. into during construction but, he said, his own experience with similar projects had been that trees of the size on the Boulevard and five feet from the existing curb, were rarely. harmed. Councilmember Enrooth replied to Mr. Bredemus' .statement that he had heard no reason for the improvement. which indicated the City wanted to upgrade the quality of the street, by telling him, this street is .the first of a number of street reconstructions which the Council perceives must be done in the southern portion- of theCity in the near future, and this -is. the only one. of those which, qualifies for the use of MSA funds. He said the need for new surfacing is supported by soil borings showing the roadbed is breaking up and it is obvious that the curbs in that area are almost disintegrated. • When Mr. Bredemus asked how the 10% discount for early payback of assessments had been decided on, Mr. Childs indicated the Council had set that amount based on prevailing interest .rates.. The Manager said he knew ,the rate was. much higher than other municipalities were allowing, but. he perteive-d ;the ;CounciI believed it would be to the benefit of the =City to provide an incentive'=.for early payoffs, perceiving the City could -invest that money as soon as- i t was, recei ved�.' • . vthe- homeowner concluded his statements by saying he, ` perceived the $10.50 assessment' rate was "very reasonable" but 'he was still not convinced the project was needed or should be done. The Manager responded that he perceived that, just in,'terms of curbs and gutters, there was a real need and, for that portion of the. project alone, if MSA funds are not used, the City's policy is to assess property owners 100% of the cost of curb and gutter replacement in addition to the $10.50 which all homeowners are assessed when their street surfaces are reconstructed. The curb and gutters would therefore be provided with no cost to the residents if MSA funds - are used for the whole project. Councilmember Ranallo supported that statement by reminding the residents that if the City does the street later, without MSA funding, it could cost each of them anywhere between $20 and $50 per lineal front to have the street and curb and gutters replaced. Chris Drews asked who would have to pay for the sidewalks if the residents are charged to replace them now and new trees the City plants in the boulevards breaks them up again. Councilmember Ranallo said the City's policy calls for the homeowner . being responsible for the sidewalks in front of his own property. Mr. Kausel - disagreed with that interpretation saying the City should have to repair the sidewalks • the tree roots in the Boulevard had damaged. He- was told that was not the way the City Ordinance is written. -12- Mr. Knox said he believed the "philosophy" which should be explored was whether this section of the St. Anthony Boulevard .should go the way of the parkway in Minneapolis or the end which has a freeway system on each end. He claimed to have more front footage on the Boulevard than anyone else and said "I 'm willing to cheerfully pay extra costs in order to preserve the sanctity and the nature of the neighborhood." He reported he had raised ten children "more than anyone else on the street" on that Boulevard and indicated at first the traffic had been a threat to them, but "thanks to the efforts of the City and some of us who lived there, we were able to restrict the entry coming from the golf course to one car which helped immeasurably". Mr. Knox said he was personally gratified to see young families moving into the neighborhood again and to have those parents present that evening voicing their concerns about their children's safety, which led him to believe that "keeping the neighborhood safe -for raising kids was far more important than being able to get a hold of funds to widen the street". Tim Horan, 2605 St. Anthony;1Boulevard, agreed that widening the street was going to make it a thoroughfare. He said "T'd like to protect the parkway as much as I can and am willing to pay extra to do that, or, at least, would like to examine other funding possibilities". Dennis Cavanaugh, 2909 St. Anthony Boulevard, agreed that the street should be retained as a parkway because he had perceived "the parkway in Minneapolis enhanced the values of the homes on it". He said he believed the assessors had always con- sidered the Boulevard properties worth more just because the "statement the parkway made was that it was a calling card for the City". Mr. Cavanaugh "begged" the City to -restrict the traffic on the Boulevard because he said he perceived its parkway • design was the reason the quality homes Mr. Kausel had mentioned had been built there in the first place. The homeowner stated it was his belief that "the St. Anthony Boulevard was an asset to the City which brought up the values of other residences, a concept supported by the City's creating a parklike area"-.at*-the end of the Boulevard where it borders Highway 88, as a "gateway to St. Anthony", which the planners considered, represented the "ambiance of the Village". Mr. Cavanaugh said he feared that once that atmosphere starts going, the Boulevard could become just like it is in front of the golf course where it would be next to impossible to sell a house because the road is almost impassable. In regard to the extension of the Boulevard into Minneapolis, Mr. Cavanaugh said he hoped the engineer who had built that part of the parkway in Minneapolis had been "canned" because the street surface is already falling apart. He said he knew from a personal conversation with someone who had first-hand knowledge, that cost saving had been the prime reason for the poor quality surface and, Mr. Cavanaugh reported, "Minneapolis is now paying for that foolish. attempt to save money". The Mayor assured him that "the engineer had also paid". Mr. Cavanaugh said because the former owner of his home hadn't had the strength to protect herself, the property had been left with no parking at all on the Boulevard. At the conclusion of his statement, Mr. Cavanaugh said he would like to see the same type of lighting along St. Anthony Boulevard in Minneapolis continued into the City's section of the street, perceiving it would add to the "statement about the street being a parkway". Mayor Sundland summed up the direction the Council perceived the St. Anthony Boulevard • residents were giving them as that they agreed the street surface and curb and gutters had to be done but the property owners would rather pay for the improvements them- selves than to use MSA funds, if doing so would require widening the street two feet. -13- The Mayor said he had no idea at that time just what the project would cost the homeowners under those conditions. Mr. Horan asked if there was any history at all of the state adjusting its width requirements for MSA funding and was told by Mr. Campbell there are variance procedures for special cases but "it is a very difficult process and variances are rarely granted". He explained that the state sets widths according to whether streets are "local" or "major" traffic collectors and also according to projected traffic volumes. St. Anthony Boulevard falls into the local collector category with between 2,000 and 5,000 cars passing each day, and hence a 36 foot width is required. He assessed the possibility of obtaining a variance in this case to be "very slight" and indicated the City would have to have some "very hard facts" to support a variance. Mr. Horan asked if the engineer thought the fact that the Minneapolis end of the street had a parkway design might support a similar treatment for the St. Anthony section. Mr. Campbell indicated he wasn't certain the Minneapolis section was MSA funded. Mayor Sundland told those present he and the Council had "battled" to get another street C29.th Avenue N.E. _ less than 36 feet wide and hadn't been successful . However, he said there would be no objections to going through the appeal process f'or this project, but, the Mayor said, he doubted it could ever be completed in this year's construction period. What Mayor Sundland expected to happen, he said, was that the City might go ahead with the project up "on the hill " and try again for this improvement two years from now. Mr. Knox indicated he would like to know the alternatives and what the costs to the homeowners would be and commented if "you fix the road past the golf course, they' ll • probably build a monument to you": Mr. Campbell estimated that, without MSA funds, the homeowners might have to pay between $6 and $7 or even more in addition to the $10.50 for the street surface, to install new curbs and gutters. The Mayor cautioned against using the estimated project cost as between $16 and $17 for total property owner assessment as a firm figure at this point, saying when the project is finally undertaken those costs could run as high as $20 or $25 or more per lineal foot. The engineer told Mr. Kausel he perceived there would be no problem moving the fire hydrants back if the road were widened because it would only be necessary to extend the lead pipes for their relocation. Councilmember Makowske told the property owner spokesman there was "only a possibility" that MSA funds could be used for rebuilding the Boulevard past the golf course. Mr.. Kausel indicated he believed the City "should -go . ahead with the-curb and gutter replacement and drainage improvement with costs. paid out of the general tax fund and not by the property owners". He also said the trees on the Boulevard belong to the City and, since their roots are uprooting the residents' sidewalks, costs of repairing them should be paid for the same way. Mr. Campbell told Mr. Horan he suspected that the City would have to provide the same 3 foot base for a 5 ton road as would be necessary for a 9 ton design because of the poor base fill under that street now. Mayor Sundland indicated the sense of the direction the Council had been given by 40 the residents was that the City should pursue the appeal procedure with the Depart- ment of Transportation for a variance to maintain the existing width of St. Anthony _ -14- Boulevard and, if the project goes forward, to do everything in the City's power • to protect the existing boulevard trees. He said he understood the property owners to say they agreed the street needed to be upgraded and considered it would be worth paying $20 rather than $10.50 per foot with MSA funds for them to maintain the same street width. When Councilmember Marks asked whether anyone disagreed with the Mayor's statement, only Mr. Gottwalt responded by saying he would like the City to consider putting in cable for underground lighting while the street is dug up and he perceived solving the drainage problems should be another priority. The Mayor then described the City Beautification Fund, which the Council had set up that evening which might be used eventually to provide further improvements in that area and other areas. He also indicated he perceived one of the strong arguments for retaining the street width would be the 100% support from the Boulevard residents that evening. However, the Mayor said, with the current state funding constrictions, an immediate approval of the variance might not be possible. Mr. Hamer reminded the residents that the MSA money being discussed that evening was actually available to the City now, as long as the Department of Transportation criteria was met. He said since the City's allocation had reached $300,000, the state requires St. Anthony to use a portion of the funds or pay a 10% penalty. With that in mind, the Public Works Director added, the Council had perceived it would be better to improve the "residential" rather than "transit" section of the Boulevard. Mr. Childs responded to Norine Lochren's question if MSA funds were the only monies available to fund this project by saying the only other federal grants available would be the City's allocation of Community Development Block Grant funds from which the City hoped to use $2,50.0 to help low- income seniors pay for their assessments. • The City Manager added that the City had only three options for financing the proposed street reconstruction: MSA funds; bonding for the project and assessing the property owners; or putting the project costs on their tax bills. He said the money can't come from the General Fund but has to be paid from a special bond issue or from the Improvement Fund. Councilmember Marks said the City can't just raise taxes for the project either, because of the levy limitations imposed by the state. The Council- member also said that, with. the loss of almost all federal funding, an anticipated decrease i.n the State's Aid to Cities, and the incredible raise the City experienced in its i-nsurance rates this year, there was little possibility the City would be able to rebuild both ends of St. Anthony Boulevard at once. Mayor Sundland told the homeowners he perceived the purpose for the state and county highway grants for local street improvements was to maintain the infrastructure of traffic-moving streets like St. Anthony Boulevard which funnels traffic between a county road, Stinson Boulevard, and Highways 88 and 35W and streets like Roosevelt in that same area, would not qualify because they do not perform that function. In response to the homeowners' desire to maintain the quality of the Boulevard, the Mayor said the Council had the same goal in mind when they proposed to upgrade the residential section first. As an indication that they have the same concerns about that particular street, he said the film being prepared now to market the Village to prospective homeowners has a view of the Boulevard in it as a demonstration of the desirability of living in St. Anthony, "because you live on what we perceive to be is one of the prettiest streets in the Village". As far as getting the Minneapolis Park Board to pay for any improvements, Mayor Sundland indicated he and Mr. Childs have been meeting very often with them and arguing that point to no avail , to the point where the Board Chair "doesn't even want to talk to me anymore." However, the Mayor said, he did not see the value of putting thousands of dollars into a court case to prove the point since "it's probably true we own the street and probably have to pay to maintain it." -15- Mr. Smoka indicated he would like to see an estimate of what it would cost the . residents to construct a new street with the necessary curb and. gutter, drainage • and sidewalk repairs without MSA funding and was told that as soon as the appeal process is completed, another public hearing would be called, .with the same notifica- tion procedure followed as that evening, where.! the additional data would also be , available. The hearing was closed. at 10.:05 P.M. and recessed five minutes later for a discussion of the course of action to be followed by staff. W. Campbell clarified Mr. Kausel 's insistance that the street was actually 33 feet wide by saying he guessed the property owner was talking about ,a curb measurement "back to back" where the actual street 'surface is only 32 feet wide. He told Council- member Ranallo it was possible the, City's .ap ep al `could be heard in May an.d he perceived the chances of getting the variance would be "a long shot". He also confirmed for the Bulletin .reporter's, as, wel_1. as the -Council 's__,benefi-t, that-- MSA requirements for a. 36 foot wide street included parking, on one side and, _-though he questioned what the property owner's reaction might be to such. a p'roposal;,'the `engineer said there might be a possibility of getting- a variance for a 32,foot wide street with no parking on either side. Mr. Hamer said .the only reason the street width was maintained near the new bridge was that' the construction was already started before a question was raised. He also mentioned that the 10% penalty which had been discussed during the hearing would only be imposed on this year's allocation. - If the appeal is, not successful , Mr. Childs said, logistically the: City could. not • do the street -going past the golf course this year without getting into a very late fall construction. However, he said some of the work which has to be done on the Kenzie- Terrace medians might be MSA eligible and he suggested the Council authorize the engineers to. do a traffic flow,-study on that street related to the-median upgrading. Motion. by Councilmember Ranallo and seconded, by Councilmember Marks to authorize staff to start the appeal process to maintain a 32 foot street width for St . Anthony Boulevard. Motion carried unanimously. Motion by Councilmember Makowske and seconded by Councilmember. Marks to authorize 'a preliminary study by Short-Elliott-Hendrickson, Inc. for whatever median or road work might be necessary to support the new buildings on Kenzie Terrace. Motion carried unanimously. Motion by Councilmember Ranallo and seconded by Councilmember Makowske to adjourn the meeting at 10:25 P.M. Motion carried unanimously. Respectuflly submitted, He- Crowe, Secretary Mayor �- ATTEST: i y C I e