HomeMy WebLinkAbout2002/03/18 - ADMIN - Minutes - City Council - Regular (2) CTY OFFICIAL MINUTES
CITY COUNCIL MEETING
ffirST.ILOLIO/FS
ARK ST. LOUIS PARK, MINNESOTA
March 18, 2002
1. Call to Order
Mayor Jacobs called the meeting to order at 7:31 p.m
The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Susan
Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs.
Councilmember Ron Latz arrived at 7:43 p.m.
Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Director of
Public Works (Mr. Rardin); Superintendent of Engineering (Mr. Moore); City Engineer(Ms.
Hagen); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson).
2. Presentations--None
3. Approval of Minutes
3a. City Council Minutes of March 4, 2002
The minutes were approved as presented.
3b. Study Session Minutes of February 25, 2002
The minutes were approved as presented.
4. Approval of Agenda and Consent Items
NOTE: Consent items are those items of business which are considered to be routine and/or
which need no discussion. Consent items are acted upon by one motion If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to
an appropriate section of the regular agenda for discussion
4a. Approval of Agenda
Councilmember Sanger requested Item 6 be moved from the Consent Agenda to the Regular
Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to move
Consent Agenda Item 6 to the Regular Agenda
The motion passed 6-0.
4b. Approval of Consent Items
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to approve the
following Consent Agenda Items as amended.
The motion passed 6-0.
Council Meeting Minutes -2- March 18, 2002
1. Approve Second Reading and adopt Ordinance No. 2220-02, amendments to
Chapter 36 of Municipal Code to add a new land use titled "Post Office Customer
Service" along with a definition, standards and parking requirements, approve
summary and authonze publication (Case No. 01-61-ZA)
2. Approve Second Reading and adopt Ordinance No. 2221-02, a zoning ordinance
text amendment to allow a State Licensed Residential Facility serving 6 or fewer
persons in each unit of a two-family dwelling in the R-3 District, to approve
summary ordinance and authonze publication (Case No. 02-04-ZA).
3. To order that the adoption of an ordinance to create Special Service District#3
and the adoption of a resolution for the imposition of a service charge within that
district be considered at the same public hearing scheduled for April 1, 2002 and
that the public hearing previously approved for Apn115, 2002 be cancelled.
4. Designate Sobiech Backhoe &Tree Service as the lowest responsible bidder, and
authorize execution of a contract for the 2002 Dutch Elm Disease Tree Removal
Program in an amount not to exceed$112,415.00.
5. Designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to
authorize execution of a contract for the 2002 Arbotect 20-S Elm injection
program at a cost of$8.80 per diameter inch.
6. Adopt Resolution No. 02-029 accepting the report, establishing and ordering an
improvement project, approving plans and specifications and authorizing
advertisement for bids for replacement of water main on Excelsior Boulevard
between Princeton Avenue and Kipling Avenue.
7. Adopt Resolution No. 02-030 approving Change Order No. 2 with SRF
Consulting Group, Inc. for Professional Engineering Services for Phase III
Excelsior Boulevard Streetscape improvement in the amount of$90,200,
increasing the total contract amount from $192,400 to $282,600
8. Motion to accept the following reports for filing:
a. Board of Zoning Appeals of January 24, 2002
b. Human Rights Commission Minutes of January 16, 2002
c. Planning Commission Minutes of February 20, 2002
d. Vendor Claims
5. Public Hearings
5a. Public Hearing: Alley Paving—4000 Block between Toledo Avenue and Utica
Avenue.
City Engineer Maria Hagen said the City received a petition in December 2001 regarding
alley paving, which was signed by 69% of the abutting property owners. Staff requires
additional time to discuss the feasibility of alley paving with property owners and Holy
Family Church.
Council Meeting Minutes -3- March 18, 2002
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to table this
item until May 6, 2002.
The motion passed 6-0.
The public hearing will continue until May 6, 2002
5b. Assessment Hearing for Alley Paving Project in the 4000 block between Toledo
and Brunswick Avenues
Mayor Jacobs said, subject to a motion, the public hearing for this item will also be continued
until May 6, 2002.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to table this
item until May 6, 2002.
The motion passed 6-0.
5c. Public Hearing and first reading of an ordinance reconfiguring ward boundaries
City Clerk, Cindy Reichert, reported St. Louis Park is ready to begin the process of
redistricting, which occurs every ten years following the census. It is the process used to
adjust the election distnct boundanes to account for population shifts. Ms. Reichert said the
directive is for wards to be as equal in population as practicable and to be composed of
compact and contiguous terntones. St. Louis Park should try to achieve a deviation within
10% of 0 (zero) or not more than 5% above or 5% below Ms Reichert said some minor
ward boundary adjustments will be required. Ms. Reichert reported that Staff is requesting
that all of the Lenox neighborhood boundary be wholly situated in Ward 3, another requested
change regards the area north of West 28th Street and west of Louisiana Avenue (Louisiana
Courts and Victoria Ponds) be moved to Ward 4 to balance the population, and to redraw the
boundary line for the Elmwood neighborhood so that it will be entirely within Ward 2. The
suggested changes will bring St. Louis Park into an overall deviation of 4.13%; Ward 2
would be 2.17% and Ward 3 would be 1.96%.
Ms. Reichert said Councilmember Nelson called her attention to some problems with a legal
description in the ordinance, and Staff will work on that to clanfy railroad lines.
Ms. Reichert said St. Louis Park sets its ward boundaries. Because precincts may not cross,
the legislative distnct plan to be released on March 20th may produce odd slivers of
properties that are too small to be a precinct. If that were the case, additional changes may be
brought forward at the continued public hearing. Councilmember Bnmeyer stated precinct
boundanes must correspond to legislative boundaries, and Ms. Reichert replied yes, and ward
boundaries do not.
It was moved by Councilmember Sanger, seconded by Councilmember Latz, to continue the
public hearing and first reading to April 1, 2002
The motion passed 7-0.
Council Meeting Minutes -4- March 18, 2002
6. Requests,Petitions, and Communications from the Public--None
7. Resolutions, Ordinances, Motions
7a. Consideration of premises permit renewal for the MN Youth Boxing Club at Al's
Liquors, located at 3912 Excelsior Blvd. Resolution No. 02-022
Ms. Reichert reported this item regards a renewal for a premises permit for the Minnesota
Youth Boxing Club ("MYBC"), and the MYBC was asked to submit information
demonstrating their compliance with the Trade Area Requirements ("TAR"). Staff believes
the Applicant is not entirely in compliance with St. Louis Park ordinance.
Scott McDonald, manager of MYBC, commented MYBC has been in St. Louis Park for
about seven years and there have been no enforcement problems, complaints registered by
gambling control, or citations or fines by the Department of Revenue. Mr. McDonald said,
in conjunction with Mr. David Payne, owner of Al's Liquors, MYBC has contributed
$35,000 to Parktacular.
Mayor Jacobs asked if it is accurate that if the money is available to be used in St. Louis
Park, it must also be spent in the trade area? Ms. Reichert said the City ordinance states it is
lawful purposes conducted in the trade area but a distinction must be made between
allowable expenses, which are expenses used to operate the pull tab portion of the business,
and lawful purpose expenditures, which are used to support the programs and services. St.
Louis Park ordinance speaks to the lawful purpose expenditures, which are directly related to
the mission of the organization and those purposes must be in the trade area. Payroll is
considered an allowable expense and not a lawful purpose expenditure—even if the payroll
check is issued to one who lives in the trade area.
Ms. Reichert said when the TAR went into effect, the MYBC was not in compliance but it
was understood that they would come into compliance within the course of time.
City Manager Charlie Meyer stated he is unsure if the lawful purpose expenditures audit
report will specifically show that a program and its participants are operating in the trade
area; however, using the Hockey Association as an example, a City investigation reveals the
association operates in the City of St Louis Park based on ice rental at the city ice arena, and
it is known that the kids are from St. Louis Park. The program is clearly in St. Louis Park
and the audit ultimately shows the monies being expended for those purposes. The purpose
of the audit is not to determine if hockey sticks are bought from a vendor outside of the trade
area, the purpose of the audit is to determine if the lawful purpose expenditures are made, are
auditable, and are supporting the program that has been determined to be in the trade area.
Mr. Meyer said the question before Council tonight is: Is the MYBC operating a program
within the trade area?
Councilmember Sanger said it appears the MYBC is not meeting the TAR.
It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve
Resolution No. 02-022 to deny issuance of a premises permit for lawful gambling for
Minnesota Youth Boxing Association at Al's Liquors, located at 3912 Excelsior Blvd.
Council Meeting Minutes -5- March 18, 2002
Councilmember Bnmeyer said he thinks the MYBC is working toward compliance, and he
stated when the TAR was set up it wasn't clear how to enforce it; he recognized the
significant contributions Al's Liquors and MYBC have made to Parktacular, however, he
will vote against the permit issuance.
Councilmember Latz, who opposes the TAR, said the Applicant has had since 1999 to bring
their expenditures into compliance and, according to numbers submitted by the Applicant,
they fall short of the 90%. Councilmember Latz is open to changing the ordinance to meet
different needs.
Councilmember Nelson said he opposes charitable gambling and, if he were consistent, he
would make it as tough as possible to comply with this ordinance and strengthen the TAR in
order to drive out gambling, but that would be inappropriate. He opposes the imposition of
the TAR restnctions."
Councilmember Santa said this is not charity, this is charitable gambling, and there is a
difference She said all applicants must meet the same standard, and Councilmember Santa
will support denial for a premises permit renewal.
Councilmember Velick said to amend the ordinance at this time would be inappropriate.
Councilmember Sanger said this ordinance is not about telling owners of premises which
chanties to support but rather any chosen charity must comply with the requirements of local
and state laws
Councilmember Latz responded that local law prohibits bar owners from directing where
charitable proceeds go but they have complete discretion to select which charities will
operate on their premises. He said, according to the Applicant's numbers, they can comply
with an 86% restnction of the expenditure requirement, however, the City analysis places
that number at 75%. Councilmember Latz asked if the 90% could be reduced to 75%, and
Ms. Reichert said the City Council has the discretion to lower the percentage
Mr. Meyer said changing the ordinance to a lower percentage would require amending the
ordinance and that could not take effect in time for the Applicant's April 1st deadline. The
owners of premises where charitable gambling occurs do not direct the use of the funds,
which is in fact prohibited by state statutes. The funds expended by MYCB for Parktacular
have met the TAR for local purpose expenditure but the City does not know if MYBC is
operating a program in the TAR that would meet the local area expenditure requirement for
lawful purpose expenditures.
Councilmember Nelson commented that Councilmember Sanger's motion is telling Mr.
Payne that he may not select MYBC Councilmember Sanger said whomever is selected
must comply with the rules Councilmember Nelson said charitable gambling is an
inefficient way to distribute monies to chanties, and it has all of the destructive elements of
gambling.
Coil ncilmember Bnmeyer said he will support the motion despite his disagreement with it in
this particular case.
Council Meeting Minutes -6- March 18, 2002
It was moved by Councilmember Latz to offer a substitute motion that the ordinance be
changed from 90% to 70%. The motion died for lack of a second.
Mayor Jacobs summarized there is a motion and a second to deny the Applicant a premises
permit renewal at Al's Liquors, located at 3912 Excelsior Blvd.
Councilmember Nelson announced the TAR will be discussed further at a Study Session.
The motion passed 7-0.
7b. 1st Reading of an ordinance amending the city's general parking restrictions from
a 12 hour limit to a 48 hour limit
Ms. Reichert introduced the first reading, and she stated several residents have expressed
concerns that the 12-hour general parking restnction is too limiting. Ms. Reichert added that
other ordinance requirements may supercede the general parking restnction in question. For
example if street maintenance is scheduled or if a snow emergency is in effect, the
requirement is that vehicles must be moved according to different time schedules and the 48
hour provision is not applicable in those cases.
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve 1st
reading of an ordinance amending the city's general parking restrictions and set second
reading for April 4, 2002.
The motion passed 7-0.
7c. Restriping and parking restrictions on Minnetonka Boulevard.
Resolution No.'s 02-023, 02-024,02-025
Ms. Hagen reported on restnping and parking restrictions.
Annie Brown, 4833 and 4825 Minnetonka Blvd., requested parking restnctions not be
imposed on Minnetonka Blvd. in front of her business. Ms. Hagen said Hennepin County is
insisting Minnetonka Blvd., east of Highway 100, be a four-lane roadway.
Councilmember Nelson asked who plows Minnetonka Blvd., and Mike Rardin, Director of
Public Works, said Hennepin County plows Minnetonka Blvd. Councilmember Nelson's
concern is that if Hennepin County does not plow Minnetonka Blvd., a four-lane road will be
reduced to two lanes and the safety issues will remain and, in the meantime, business owners
will have been inconvenienced Bob Byers, Hennepin County Public Works, Planning
Department, said Hennepin County Public Works tends to bypass areas from where cars have
not been removed.
Barry Greenberg, 4813 Minnetonka Blvd., has several elderly customers; he said parking
spaces on the side would be helpful. Ms. Hagen suggested signage to indicate parking is
available behind the businesses in the 4800 block of Minnetonka Blvd. Ms. Hagen said Staff
would be willing to work with business owners regarding parking concerns. Ms Brown said
the businesses facing Minnetonka Blvd. do not have direct rear access to the parking spaces
behind the building, the customers, many of whom are elderly, would have to walk around
Council Meeting Minutes -7- March 18, 2002
the building. It was noted that if Minnetonka Blvd. becomes a four-lane roadway, business
owners would be assessed for the cost to reconfigure parking on the side or behind the
building.
Gary Berscheid, 1604 Blackstone Avenue South, said a four-lane road will increase traffic
He is a bicyclist who would feel safer if Minnetonka Blvd. remained a two-lane road with
parking permitted.
Councilmember Santa reluctantly supports the restnping, and Councilmember Sanger
acknowledges the inconvenience restnping would bnng. Councilmember Sanger said
pedestnan safety, in regard to crossing Minnetonka Blvd., must be addressed.
Councilmember Latz commented the seniors from the Lenox Community Center, 6715
Minnetonka Blvd., have been requesting a semaphore be installed in front of their facility for
some time
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to adopt
Resolution 02-023 to rescind existing parking resolutions along Minnetonka Boulevard.
The motion passed 7-0.
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to adopt
Resolution No. 02-024 to remove parking on the north side of Minnetonka Boulevard from
Virginia Avenue to Inglewood Avenue & on the south side of Minnetonka Boulevard from
Virginia Avenue to Huntington Avenue; and to direct Hennepin County to install lane
striping as appropriate.
The motion passed 7-0.
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to adopt
Resolution No. 02-025 installation of various parking controls on Minnetonka Boulevard
and streets adjacent to Minnetonka Boulevard.
The motion passed 7-0
7d. City Engineer's Report: Excelsior Boulevard Streetscape Improvements from
Quentin Avenue to Monterey Drive—Project Nos. 99-05 and 01-04
Resolution No.'s 02-026 and 02-027
Carlton Moore, Supenntendent of Engineenng, provided a background on the Excelsior
Blvd. streetscape project. He said the City is proposing to partner with TOLD Development
for work on the north side of Excelsior Blvd. There will be minor modifications made to the
38th Street entrance as a result of residents who voiced concerns at a neighborhood meeting.
Councilmember Nelson said business owners, on Excelsior Blvd., east of Monterey Drive,
have indicated to him that to abolish parking on Monterey Drive will hurt their businesses
He asked if alternative parking may be provided to those business owners on Excelsior
Blvd.? Mr. Moore said one option would be to have some public parking areas on Excelsior
Blvd. and Monterey Drive.
y.
1
Council Meeting Minutes -8- March 18, 2002
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt
Resolution No. 02-026 accepting this report, establishing and ordering Project Nos. 99-05
and 01-04, approving plans and specifications, authorizing receipt of bids for improvements
on Excelsior Boulevard.
The motion passed 7-0.
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt
Resolution No. 02-027 rescinding parking on Excelsior Boulevard and on Monterey Drive.
The motion passed 7-0.
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt
Resolution No. 02-028 authorizing parking restrictions on Excelsior Boulevard and on
Monterey Drive.
The motion passed 7-0.
7e. Item 6 from the Consent Agenda–Blackstone Neighborhood Parking Restrictions
Motion to adopt the attached resolution rescinding Resolution Numbers: 3448, 6591, 86-53,
96-65, 7381, 6928, 5717, and 6470 and adopting the attached resolution authonzing the
restriction of parking on the south side of the south frontage road of I-394 200 feet east and
200 feet west of Zarthan Avenue; the east and west sides of Zarthan Avenue from the south
frontage road of I-394 to 200 feet south of W. 16`h Street; and no parking Monday to Friday
(Except holidays on west side only) from 7 a.m. to 6 p.m. from 200 feet south of W. 16`h
Street to 130 feet north of Cedar Lake Road and authorizing installation of 3-way stop signs
at the Zarthan Avenue intersection with the south frontage road of I-394.
Councilmember Sanger said there has been no discussion with residents on this item, and she
thinks discussion with the Blackstone residents regarding the proposed parking changes
would be more appropnate after the completion of the Rottlund townhomes.
It was moved by Councilmember Sanger, seconded by Councilmember Latz, to defer this item
indefinitely until after Staff has a neighborhood meeting on the subject to discuss the
proposed parking restrictions and also discuss the proposed timing of the parking
restrictions.
The motion passed 7-0.
Mr. Moore said a neighborhood meeting could be scheduled quickly. Councilmember
Sanger said parking on 16th Street has been a long-standing concern with residents.
8. Boards and Committees--None
9. Communications—City Manager: Mr. Meyer said the budget plans at the legislature do
not appear to impact the City's local government aid.
Mr. Meyer reported a bill to pnvatlze building inspection for residential construction remains
active. Mr. Meyer said the bill is inappropriate and he is disappointed the bill continues to
survive because it would allow building contractors, who own properties, to hire his or her
own inspectors and there would be no oversight by any governmental agency.
Council Meeting Minutes -9- March 18, 2002
Mayor: Mayor Jacobs reminded the community of the Empty Bowls fundraising event to
take place at the Rec Center on Thursday, March 21, at 4:30 p.m.
10. Adjournment
Mayor Jacobs adjourned the meeting at 9:08 p m.
Cffy Clerk .yorl