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HomeMy WebLinkAbout2002/04/01 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA April 1, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call. Jim Bnmeyer, Ron Latz, Chns Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening), Director of Public Works (Mr. Rardin); City Engineer (Ms. Hagen); Planning and Zoning Supervisor(Ms. Jeremiah); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations Mayor Jacobs presented a Proclamation of appreciation for Cynthia Ahrens, who is the 2002 Library Journal Paraprofessional of the Year 3. Approval of Minutes 3a. City Council Minutes of March 18, 2002 From Councilmember Latz: Page 8, bottom paragraph, the discussion regarding chantable gambling premises permit, and Councilmember Latz is quoted as "The requirements of local law restrict where bar owners may direct charitable proceeds, which are collected on their premises." Councilmember Latz said that is not the spirit of what he intended to say. His statement is "Local law prohibits bar owners from directing where chantable proceeds go but they have complete discretion to select which charities will operate on their premises." From Councilmember Nelson: Page 8, middle of the page, regarding: "He would make it as tough as possible to comply with this ordinance and strengthen the TAR." The statement should read. "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 restrictions." 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 City Manager Charlie Meyer noted a slightly revised Consent Agenda Item 3 was put on the table because a contingency from the contract was deleted from that item. Council Meeting Minutes -2- April 1, 2002 It was moved by Councilmember Latz, seconded by Councilmember Santa, to approve the agenda. The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Latz, seconded by Councilmember Sanger, to approve the following Consent Agenda Items. The motion passed 7-0. 1. Approve Ordinance No. 2222-02 amending the city's general parking restnctions from a 12 hour limit to a 48 hour limit for vehicles to be continuously parked, approve the summary and authorize summary publication. 2 Adopt Resolution No. 02-031 approving Cooperative Agreement No. PW 66-05- 01 with Hennepin County for Excelsior Boulevard Streetscape Improvements from Quentin Avenue to Monterey Drive—Project Nos. 99-05 and 01-04. 3. Designate Sunram Contruction as the lowest responsible bidder and to authorize execution of a contract for the regrading and soil corrections in Wolfe Park at a cost not to exceed $229,350. 4. Designate Sunram Construction as the lowest responsible bidder and to authonze execution of a contract for the construction of the Veterans Memorial Amphitheater in Wolfe Park at a cost not to exceed $453,885 5. Accept the following reports for filing: a. Planning Commission Minutes of March 6, 2002 b. Housing Authority Minutes of February 20, 2002 5. Public Hearings 5a. Special Service District#3 Greg Hunt, Economic Development Coordinator, reported on the consideration of the establishment of Special Service Distnct#3 and the proposed improvements between Quentin Avenue and Monterey Drive on Excelsior Blvd. He said 12 property owners representing 15 of the 19 taxable parcels have submitted petitions for a public hearing. The annual service charges would be derived by snow and ice removal costs and would be based on the amount of front linear footage for each property Bob Cunningham, TOLD Development, 6385 Old Shady Oak Road, Eden Prairie, voiced his support for the establishment of Special Service District#3 Mr. Cunningham said TOLD represents about 1/3 of the dollars collected today, and it will represent about 1 in the future; he said TOLD supports the district in its entirety. Karen Walders, Lang-Nelson Associates, 4601 Excelsior Blvd., expressed opposition to Special Service Distnct#3 and the proposed charges. Ms. Walders said the charges will do nothing for her business because her business is an older, smaller office building and not a retail business. She said her net tax increase would be 10.08% and she would have no way to Council Meeting Minutes -3- April 1, 2002 recoup the increase, which would impose a 30% increase to her office tenants. She stated no one uses the sidewalk in front of the Lang-Nelson building. She also stated she would like the expense of snow plowing taken away from the office buildings and distributed among the retail buildings who will benefit from pedestnan traffic. Ms. Walders commented that Lang- Nelson does not clear its sidewalk nor are they obligated to do so, the City clears the sidewalk. Mayor Jacobs closed the public hearing. Mayor Jacobs asked if it would be permissible to redistribute the expense. City Attorney Tom Scott said the City ordinance will be reviewed before the second reading to make that determination. Tom Harmening, Director of Community Development, said land use changes may complicate any flexibility the ordinance may provide. Councilmember Latz asked how other special service districts have handled the snow removal surcharge. Mr. Meyer said the ordinance requires all property owners to clear their sidewalks of snow and ice, and in other special service districts the property owners were clearing their sidewalks to a high level. Councilmember Nelson said he regrets the perceived inequity. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve 1 s' reading of the ordinance to create Special Service District#3 and to set the 2nd reading of the ordinance for April 15, 2002. The motion passed 7-0. 5b. Public Hearing and first reading (continued) of an ordinance reconfiguring ward boundaries City Clerk Cindy Reichert reported the City has received the legislative redistricting plan, and one adjustment has been made to the proposal, which was presented to the Council on March 18`h. Ms. Reichert said the legislative line now runs east to west across the City rather than north to south. The change will put the overall population deviation at 5.05%. Ms. Reichert said following Council's approval of this item, Staff will draw precinct boundaries and establish polling places for the City. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to adopt first reading and set second reading for April 15, 2002 The motion passed 7-0. 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions Council Meeting Minutes -4- April 1, 2002 7a. Walser Motor's Request for a Major Amendment to an Existing Special Permit for a Car Wash Addition at 3555 S. Hwy. 100. Case No. 02-15-CUP Resolution No. 02-032 Planning and Zoning Supervisor Janet Jeremiah reported on Walser Motor's request for a major amendment to the Special Permit to build a car wash addition to the north side of their building. The car wash would not be open to the general public but would be used to wash vehicles that are being serviced or being prepared for sale. Ms. Jeremiah added the Applicant is amenable to the conditions proposed by Staff. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 02-032 approving the major amendment to the special permit subject to the conditions included in the resolution. The motion passed 7-0. 7b. Approval of Preliminary Design Layout for Excelsior Boulevard Bridge Widening, City Project No. 98-04. Resolution No. 02-032 City Engineer Mana Hagen reported on the re-decking and widening of the bridge over Highway 100 on Excelsior Blvd. between Xenwood Avenue to Wooddale Avenue. Regional and local traffic is anticipated to increase due, in part, to the Park Commons and Town Center areas. Ms Hagen said crosswalks will be added to facilitate pedestrian traffic, i.e., a multi-use trail will be added to the south side of the bridge separated by a concrete barrier from the vehicles. Councilmember Sanger asked if Park Nicollet would be obligated to bear some of the cost of the bridge expense because their expanded campus contributes to increased traffic. Mr. Harmening said in an agreement with Park Nicollet, and from the City's perspective, the City may special assess Park Nicollet or exact some money from them, however, they have not agreed to provide funding for the widening of the bndge. Mr. Harmening said when the Park Nicollet expansion campus was originally approved, Park Nicollet needed an indirect source permit from the Minnesota Pollution Control Agency, and that permit placed limits on the campus expansion until the bridge is widened The indirect source program is no longer in effect, and it is questionable if Park Nicollet is still bound by the permit. Councilmember Nelson asked if municipal state aid may be used for a non-municipal state aid road, such as Excelsior Blvd. Ms. Hagen replied yes, and those funds are called off- system improvements Councilmember Nelson requested Staff prepare a memo on the status of the Park Nicollet indirect source permit, i.e., its enforcement, current validity, and agreements made pursuant to previous indirect source permits. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 02-033 that approves the preliminary design layout for the bridge widening project and authorizes Hennepin County to proceed with final design. The motion passed 7-0. Council Meeting Minutes -5- April 1, 2002 7c. City Engineer's Report: 2001 Sidewalk Improvement Project: Phase B—Project No. 99-07B. Resolution No.'s 02-034 and 02-035 Ms. Hagen said the report for this item considers moving forward to receive bids for the construction of six sections of new concrete sidewalks for portions of Flag, Texas, Pennsylvania, and France Avenues and for 26th Street. The preferred width for sidewalks is six feet plus a seven-foot grass area or boulevard between the walk and curb. Ms. Hagen said the City has agreed to maintain and plow the sidewalks. Some residents on Flag Avenue are opposed to the sidewalks, it is mainly the location of the sidewalks in relation to the front of their homes. Staff proposes a six-foot sidewalk and a seven-foot boulevard. Several residents were present to address the Council. Mr. Duane Krohnke, 2505 Pnnceton, said he supports the West 26th Street portion of the sidewalk plan. Mr Tom Rosch appeared on behalf of his parents, Mr. and Mrs. Richard and Lucille Rosch, 2536 Flag Avenue South, and several of their neighbors: Mr. Onn Thompson, 2542 Flag, Mr. and Mrs. Duane and Mary Ruth Steege, 2530 Flag, the Lynns, 2518 Flag, and Mr. Reese Kiper, 2506 Flag. Mr. Rosch said their concerns regard the location of the sidewalks and the reduction in the length of dnveways and front yards. Councilmember Bnmeyer asked if it would work to reduce the boulevard to three or four feet, and Ms. Hagen replied it would work. Mr. Dave Peltier, 2406 Flag Avenue South, wants a sidewalk but the boulevard should be narrower. Mr. Peltier measured some sidewalks and found no sidewalk to be six feet wide. He requested the City strive for consistency in its sidewalk design. Mayor Jacobs said he would favor narrowing the boulevard in this case. Mr and Mrs Andrew and Sita Morantz, 2054 Flag Avenue South, are concerned about the reduction of front yards. Mrs. Morantz said her neighbors, the Egans, share the same concern. Mr. Joseph Belzer, 2078 Flag Avenue South, is concerned about the reduction of front yards, and he requested the sidewalk and boulevards be narrower. Councilmember Velick is in favor of the new sidewalk plan but she would like the boulevard to be three feet. Councilmember Velick mentioned three properties at and near 1801 Flag Avenue, and she noted the discontinuance of the sidewalk north of the Minneapolis Golf Course for those three homes. She stated, when the motion is made, she would like to include that as well. Ms. Hagen said the properties described by Councilmember Velick are on Flag Avenue between Franklin and 18`h Street, and the original intent was to continue the sidewalk on the west side of Flag Avenue all the way to 18th Street, however, due to steep yard grades it would have necessitated large retaining walls and would have taken away an entire driveway on one property. Residents have stated that if a sidewalk were built on the east side of Flag Avenue, they would be unwilling to cross the street to use it. Councilmember Velick said a sidewalk on the east side would lead nowhere. Councilmember Bnmeyer said pieces of sidewalk should not be eliminated. Mr. Belzer suggested no trees be planted on the boulevard. Council Meeting Minutes -6- April 1, 2002 Councilmember Nelson asked Mike Rardin, Director of Public Works, to comment on the proposal to compromise the boulevard to three feet. Mr. Rardin said grass cannot be maintained on a narrow boulevard, it dies, and a narrow boulevard is not effective for snow removal. Mr. Rardin recommended extending the sidewalk to the curb rather than having a three-foot boulevard. Councilmember Sanger would like to approve everything as the concept to go forward but allow further discussion for the specific design for Flag Avenue at a later date. She would also like detailed sidewalk design made available to the residents and distributed at a neighborhood meeting or in a mailing. Councilmember Sanger is willing to change the design but this may not be the best forum to make specific design decisions. Councilmember Velick thinks it is a wise choice to minimize the boulevard, however, to eliminate the boulevard would be most beneficial to residents. Mayor Jacobs said his preference is to vote this item in concept, and discuss the Flag Avenue sidewalk later. Councilmember Velick said, if she were to make a motion at this time, it would be to approve the sidewalk project, and add an amendment to eliminate a boulevard and extend the sidewalk to the curb. Councilmember Velick moved to accept the City Engineer's report, 2001 Sidewalk Improvement Project, Phase B—Project No. 99-07B, with an amendment that the sidewalk installation from Cedar Lake Road, north to Franklin, be at the curb, without a boulevard. The motion died for lack of a second. Councilmember Santa does not want to design from the bench, but she agrees more discussion is needed regarding the finer points of the design. Mayor Jacobs asked if the item may be approved with an amendment that Council not propose a particular design for the Flag Avenue sidewalk and discuss it at a Study Session very soon, as the bid process must begin. Ms. Hagen replied the discussion could be held at a Study Session quickly, and it probably would not affect the timetable very much. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 02-034 accepting the report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk; and to adopt Resolution No. 02-035 relating to installation of parking restrictions on W. 26th Street and Texas Avenue. Councilmember Bnmeyer stated it would be helpful if Council had information on how close homes are to curblines and sidewalks. Councilmember Sanger stated she would like to clanfy that when the sidewalk issue is discussed at a Study Session, the discussion will pertain to the Flag Avenue sidewalk only, and the remainder of the plan is acceptable. Councilmember Bnmeyer agreed, however, the guiding principles should be confirmed, and a determination made as to how far off Council is, and if not too far off, go forward. Council Meeting Minutes -7- Apnl 1, 2002 Councilmember Velick asked Councilmembers to keep in mind that the driveways of some Flag Avenue residents will be reduced by up to 50%, which would cause a hardship. Mr Meyer said the design is finished and Staff would like to prepare the bids and get the bids underway. He said an addendum may be attached to the bid package, and options can be listed in the bid package, but an interruption in the process will prevent the project from being completed this year. Councilmember Sanger would like to have the most current sidewalk design available for affected residents, and Ms. Hagen said a neighborhood meeting could be held for the purpose. The motion passed 7-0. 8. Boards and Committees--None 9. Communications From the City Manager: Mr. Meyer summarized a letter received by the City from Xcel Energy. St Louis Park was chosen as one of five cities to be honored during the Taste of Minnesota A booth will be available for St. Louis Park for promotional purposes. St. Louis Park was recognized for its dedication to livable community principles, children first initiative, and commitment to a business friendly environment, among other criteria associated with this recognition. From the Mayor: Mayor Jacobs said he will be absent on Monday, April 15th, and Mayor Pro Tern Latz will chair the meeting Mayor Jacobs said the Youth Summit will take place on Monday, April 29th, at the junior high school The students will speak, the Mayor and other adults will not. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:32 p m. S retary ayo r