Loading...
HomeMy WebLinkAbout2002/06/17 - ADMIN - Minutes - City Council - Regular OFFICIAL MINUTES jiCITY OF CITY COUNCIL MEETING ST. LOUIS ST. LOUIS PARK, MINNESOTA PARK June 17, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:35 p.m. The following Councilmembers were present at roll call: Jim Bnmeyer, Ron Latz, Chris 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 Finance (Ms. McGann); Superintendent of Engineering (Mr. Moore); Planning and Zoning Supervisor (Ms. Jeremiah); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Annual Human Rights Student Essay Presentation Contest, City Winner Mayor Jacobs presented an award certificate to 8th grader Abigail Burkhart, who is the 2002 recipient of the annual Human Rights Student Essay Presentation Contest. The certificate is presented by the City Council and the Human Rights Commission. In attendance for the presentation were: Martha McDonell, Community Outreach Coordinator, Human Rights Commissioners Herb Isbin and Shep Hams, Paul Pyykkonen, and Patrick Rogers. 2b. Proclamation of Recognition for Ashley Tomoson Mayor Jacobs presented a proclamation of recognition to Ashley Tomoson, and declared June 17th to be Ashley Tomoson day. Ms. Tomoson began volunteering at the age of 10. She worked with the Children First Initiative for many years, was a student member of the Parks and Recreation Advisory Commission, a member of the Oak Park Village Task Force, and volunteered in elementary classrooms. 3. Approval of Minutes 3a. City Council Minutes of June 3, 2002 The minutes were approved as presented 3b. Special Study Session Minutes of June 3, 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. Council Meeting Minutes -2- June 17, 2002 An audience member, Mrs. Charney, asked about the status of Santonni's request. Tom Harmening, Director of Community Development, said Mr. Nicklow, owner of Santorini's Restaurant, requested additional time and his request is tentatively scheduled for July 1st 4a. Approval of Agenda It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve the agenda. The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the following Consent Agenda Items. The motion passed 7-0. 1. Designate Ron Kassa Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$46,040.00 for Curb &Gutter Annual Maintenance Repairs, Project No 02-07 and Alley Improvement Project-4000 block between Toledo & Utica Avenues, Project No. 02-12 2. Adopt Resolution No. 02-059 that accepts this report, establishes this Improvement Project, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of July 15, 2002 3 Authorize Mayor and City Clerk to execute a contract with Andrea Myklebust for the fabrication and installation of the Allegory of Excelsior public artwork in Park Commons East/Excelsior and Grand. 4. Approve Resolution No. 02-060 authorizing the execution of a Joint Cooperation Agreement between the City of St. Louis Park and Hennepin County for Participating in the Urban Hennepin County Community Development Block Grant Program in FY 2003- 2005. 5. Authorize execution of an agreement for engineering and architectural services with Krech, O'Brien, Mueller & Wass in an amount not to exceed$66,500 for design work of the Rec Center roof over the West Arena. 6. Approve modifications and renovations requested by Sholom Community Alliance. 7. Approve payment to School Distnct#283 of$73,000 from Cable TV franchise fees for the year 2002, comprised of an operations grant of $35,000 and a video equipment grant of$38,000 8. Motion to accept the following reports for filing: a. Human Rights Commission Minutes of March 20, 2002 b. Planning Commission Minutes of May 15, 2002 c. Housing Authority Minutes of May 8, 2002 d. Vendor Claims Council Meeting Minutes -3- June 17, 2002 5. Public Hearings--None 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Refunding of 1994 General Obligation Tax Increment Bonds. Resolution No. 02-061 Finance Director Jean McGann said on June 17th, 2002, $6,210,000 in General Obligation Tax Increment Bonds were put on the market, and USBankcorp Piper Jaffray was the lowest bidder. The overall interest rate is 3.2%. Ms. McGann said the out-of-pocket costs for the City was reduced from $80,000 to $20,000, which is included in the $355,000 savings. City Manager Charlie Meyer said the City's bond rating has been maintained at a high Aal, and Moody's has given St. Louis Park a very favorable report on the City's financial and economical conditions. Councilmember Nelson commented it is prudent fiscal management to maintain a fund balance, have good cash flow, not borrow repeatedly, and to have a high bond rating with the ability to borrow money for public improvement projects at a low interest rate. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve Resolution No. 02-061 awarding the sale of$6,135,000 general obligation tax increment refunding bonds, series 2002. The motion passed 7-0. 7b. First Reading of an Ordinance Regulating Sale and Application of Phosphorous Fertilizer Jim Vaughn said the ordinance will address the sale and application of phosphorous to complement and strengthen recently passed State legislation, which is a ban on the use of phosphorous fertilizers, except under certain circumstances. Mr Vaughn said non- phosphorous fertilizers will be available at retailers, and required notices for commercial fertilizer applications, similar to those required when pesticide applications have been applied, will be posted stating fertilizers have been applied to help enforce the phosphorous ordinance. It was moved by Councilmember Sanger, seconded by Councilmember Latz, to adopt first reading of an ordinance regulating sale and application of phosphorous fertilizer and to set second reading for July 1, 2002 The motion passed 7-0. Mr. Meyer said retailers who sell fertilizers received notices regarding the Council's consideration of the phosphorous ordinance. 7c. Traffic Study No. 561: Installation and rescinding of parking restriction on Zarthan Avenue and W. 16th Street. Council Meeting Minutes -4- June 17, 2002 Superintendent of Engineenng Carlton Moore reported the first action for this item is to rescind several resolutions pertaining to parking restrictions, which are no longer applicable due to the realignment of the roadway. Councilmember Bnmeyer said he will vote against this item because he thinks the 3-way stop signs are unwarranted. Councilmember Nelson agreed with Councilmember Bnmeyer Mr. Moore said the justification for the 3-way stop signs is the crosswalk, i.e., the crosswalk is in the middle of the radius on the curbed part of the road. Councilmember Nelson asked if the crosswalk can be adjusted to be outside of the radius. Mr. Moore said it could be relocated. Councilmember Sanger asked about parking restrictions on the north side of 16th Street remaining in place until November 1, 2002 or until construction is completed; and that is one addition she would make to the resolution. Councilmember Sanger requested the four parking spaces on the west side of Zarthan Avenue,just north of 16th Street, be permitted parking spaces in the evenings and during weekends as opposed to just being accommodated. Mr. Moore said that is feasible. Councilmember Sanger would like to have the four permitted parking spaces added to the resolution. Councilmember Velick is concerned about the potential hazard the four parking spaces would pose. Mr. Moore said the townhome development has 45 additional spaces available. Staff thinks the four parking spaces would be hazardous. Gary Berscheid, 1604 Blackstone Avenue South, commented that drivers treat the stop sign, located near TGIF, as a rolling stop sign and it is ineffective; he suggested drivers be allowed to park near the Marnott, i.e., to park on the east side on Zarthan Avenue between the frontage road and 16th Street, during non-business hours; and he thinks the parking restrictions on the west side of Zarthan Avenue, between 16th Street and Cedar Lake Road, should be lifted. Councilmember Velick felt is would be appropriate to make an amendment asking Staff to look at moving the crosswalk on Zarthan Avenue, by the frontage road, further south to improve pedestrian safety. Hans Widmer, 1601 Alabama Avenue South, said the eastbound stop sign is located 30-40 feet from the pedestrian crossing and if drivers roll through the stop sign, they will have difficulties seeing pedestrians, and speed is a continuous problem. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 02-062 rescinding resolutions relating to parking restrictions on Zarthan Avenue and West 16th Street. Councilmember Sanger commented that in that resolution, the resolution which bans parking on the north side of 16th Street will stay in effect until November 1, 2002, and will be rescinded after that. The motion passed 7-0. Council Meeting Minutes -5- June 17, 2002 Mayor Jacobs said the changes to the proposed parking restnctions, stop sign, and crosswalk will now be addressed. It was moved by Councilmember Nelson to authorize parking restrictions as attached to the report on Page 41 with amendments he will propose For purposes of discussion, the motion was seconded by Councilmember Sanger. It was moved by Councilmember Nelson, seconded by Councilmember Brameyer, to amend the resolution as follows• Item 4 of the resolution be deleted and replaced with a stop sign on westbound Wayzata Blvd. and crosswalk warning signs should be on eastbound Wayzata Blvd. and northbound Zarthan Avenue, i.e., crosswalk warning signs like those on Park Center Blvd.. by the Parkshore Place development. Councilmember Sanger asked if Council would have the opportunity to revisit the parking restnctions and removal of stop signs next year to see how traffic develops in this area after the townhomes have filled up, and Mr. Scott replied yes. Councilmember Latz commented that adequate lighting at the crosswalk is imperative so that dnvers may better see pedestnans. Councilmember Latz asked about pedestnan sight lines, and Mr. Moore said it would be difficult for pedestnans to see approaching vehicles due to landscaping and grades. Councilmember Latz thinks crosswalk warning signs further away from the crosswalk would be beneficial. It was moved by Councilmember Velick, seconded by Councilmember Brimeyer, to further amend the resolution to require the crosswalk to be moved to the south. Councilmember Nelson asked Mr. Moore for his opinion of moving the crosswalk south. Mr. Moore said Staff recommends leaving the crosswalk at its current location. Councilmember Latz agreed. Councilmember Velick said if the City would provide adequate signage, she will withdraw her motion regarding moving the crosswalk further south. Councilmember Velick withdrew the motion to further amend the resolution by requiring the crosswalk to be moved to the south.. The motion to amend the resolution as proposed by Councilmember Nelson passed 7-0. Mayor Jacobs asked if there were any additional amendments to the original resolution, and there were none. Councilmember Sanger stated that she no longer felt it necessary to further amend the resolution regarding approval of the four parking spaces on the west side of Zarthan Avenue. The Council then voted on the original resolution as proposed by Councilmember Nelson. (To clarify the record, the motion with amendments as passed above is here restated) Council Meeting Minutes -6- June 17, 2002 It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No.02-062 rescinding resolutions relating to parking restrictions on Zarthan Avenue and West 16`x` Street and to adopt Resolution No. 02-063 authorizing the restriction of parking on the south side of the south frontage road of 1-394, 200 feet east and 200 feet west of Zarthan Avenue; the east and west sides of Zarthan Avenue from the south frontage road of 1-394 to 200 feet south of W. 16th 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. 16th Street to 130 feet north of Cedar Lake Road and a stop sign for westbound traffic at the intersection of Zarthan Avenue and the south frontage road of 1-394, Traffic Study No. 561. The motion passed 7-0. 7d. Appeal by Carol Engelkes and Betty Danielson of Board of Zoning Appeals Decisions of April 2 to Grant A Variance to Niaz Real Estate Corporation for a Proposed Office at 4050 Brookside Ave. Case#02-17-VAR Planning and Zoning Supervisor Janet Jeremiah said Niaz Real Estate has applied for a variance to allow vehicles to back into a public street at 4050 Brookside Avenue. Ms. Jeremiah said if there is a valid easement, Mr. Niaz' redesign would be able to accommodate the easement with a driveway. The Applicant's revision removes the residential unit from the second floor, however, the building would still be two stones with three tuck-under parking spaces. The second story would be able to accommodate an approximate 750 square foot office. Ms. Jeremiah said Staff continues to work with the Applicant regarding building setback. Edwin Engelkes, 4058 Brookside Avenue, said he is also appearing on behalf of Carol Engelkes. If Gail Goebel's easement is valid, Mr. Engelkes questioned the ability of homeowner Ms. Goebel, 4054 Brookside Avenue, to gain access to her backyard. Mr. Engelkes continued, Ms. Goebel's side door would become useless if the driveway on Mr. Niaz' property were to be raised. Councilmember Latz stated the Council should avoid discussion regarding the validity of the easement, and look purely at the question of whether the criteria for a variance have been met. City Attorney Mr. Scott agreed. Mr. Engelkes said it is dangerous to back out onto Brookside Avenue. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 02-064 approving the variance to allow vehicles to back into public street, subject to conditions included in the resolution. Councilmember Sanger thinks safety standards are being compromised. Councilmember Sanger prefers to deny the variance and ask for the City Development Staff to look at creative ways to perhaps rezone both properties and come up with better long-term land uses for the properties. Kim Hochstein, 5247 West Mill Road, Minnetonka, is the owner of the office building immediately north of Mr. Niaz' property Mr. Hochstein expressed his concerns regarding backing out; the potential grading of the Niaz property; the potential 18-inch gap between the Council Meeting Minutes -7- June 17, 2002 buildings, which would be impossible to maintain; and accessibility issues in regard to a second floor with no elevator. Mayor Jacobs agreed that the easement issue should not guide Council's discussion, however, he is concerned about the potential proximity of the two buildings of just 18 inches and impaired site lines. Mayor Jacobs asked if Council could condition their approval of this request on changing the building to offer better site lines and to provide for greater space between the two buildings. Mr. Scott said the Council may place conditions on the request, however, there must be some nexus or connection between the conditions and the variance. There was discussion regarding building modification to allow better visibility. The language on Page 50 of the Councilmembers' packages was composed by Staff and it regards a greater setback for Mr. Niaz' building. The motion passed 5-2. (Councilmembers Sanger and Velick opposed). 8. Boards and Commissions 8a. Bassett Creek Watershed Commission It was moved by Councilmember Sanger, seconded by Councilmember Velick, to formally appoint Paul Anderson to the Bassett Creek Watershed Commission. The motion passed 7-0. 8b. Housing Authority It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to reappoint Shone Row to the Housing Authority for a term to expire June 30, 2007. The motion passed 7-0. 9. Communications From Councilmember Santa—Councilmember Santa announced the upcoming Parktacular Parade, Wednesday, June 19th, at 7:00 p.m. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:11 p.m. C = 4/-4. ,C/. / Ci4 Clerk Mayo