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HomeMy WebLinkAbout2012/07/16 - ADMIN - Minutes - City Council - Regular Iif St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA JULY 16,2012 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Director of Public Works (Mr. Rardin), City Engineer (Mr. Brink), Organizational Development Coordinator (Ms. Gothberg), Senior Planner (Mr. Walther), Inspection Services Manager (Ms. Boettcher), Engineering Project Manager (Mr. Olson), and Recording Secretary (Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Recognition of Brenda Nelson's Years of Service Mayor Jacobs presented a certificate of appreciation to Brenda Nelson for her years of service to the City's technology department. 2b. Meadowbrook Collaborative Awareness Month Proclamation—August 2012 Mayor Jacobs stated the Meadowbrook Collaborative was established in 1993 to address quality of life issues in the Meadowbrook neighborhood. He expressed the City Council's appreciation to Linda Trummer for her dedicated efforts and recited the Proclamation recognizing the Meadowbrook Collaborative and proclaiming August 2012 as Meadowbrook Collaborative Awareness Month. Ms. Linda Trummer presented Mayor Jacobs with brochures and flyers regarding the Meadowbrook Collaborative to increase awareness about the Collaborative throughout the community. 2c. Outstanding Citizen Award Recognition Mayor Jacobs explained that one of the hallmarks of St. Louis Park is its spirit of volunteensm to make the community a better place and the Outstanding Citizen Award program provides an opportunity for the community to thank some of the people who have done remarkable things in the City. He then presented Outstanding Citizen Awards to Ann Thomas, Bob Ramsey, and Todd Brewer. Mayor Jacobs recessed the City Council meeting at 7:53 p.m. City Council Meeting -2- July 16, 2012 Mayor Jacobs reconvened the City Council meeting at 7:58 p.m. 3. Approval of Minutes 3a. Study Session Meeting Minutes of June 11,2012 Councilmember Ross requested that the fifth paragraph on page 7 be revised to state "Councilmember Ross advised that a resident from Hamilton House recently contacted her expressing concern about the number of residents who smoke in their apartments and its impact on resides non-smokers as the smoke travels through the vents. She stated the resident wants to know if there is anything the City can do." The minutes were approved as amended. 3b. Special Study Session Meeting Minutes of June 18, 2012 Councilmember Mavity requested that the first sentence of the first paragraph on page 3 be revised to state "Councilmember Mavity indicated the remeander of Minnehaha Creek is currently underway and noted that in the past, it worked to straighten the creek was straightened to accomplish the goal of a functional waterway, but the straightening did not accomplish the intended environmental goals - - • . • ' : - • - - == , The minutes were approved as amended. 3c. City Council Meeting Minutes of June 18, 2012 Councilmember Ross requested that that the sixth full paragraph on page 8 be revised to state "Councilmember Ross agreed and stated she felt Council should further study the issue before making any changes-te decisions regarding the ordinance." The minutes were approved as amended. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists 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 appropnate section of the regular agenda for discussion. 4a. Adopt Resolution No. 12-086 designating 2012 polling places and appointing election judges for the August 14, 2012 State Primary Election and the November 6, 2012 State General Election. 4b. Adopt Resolution No. 12-087 allowing Mayor and Councilmembers to use the City fitness facility at Fire Station 1 during their term in office. 4c. Appoint the following people to the time limited Environment/Sustainability Task Force as determined by the City Council at its June 25 study session: Kandi Arries, Timothy Brausen, Judy Chucker, Andrew Emanuele, Lisa Genis, Terry Gips, Tom Hillstrom, Ellen Lipschultz, Susan Melbye, Rick Person, Amy Peterson, Eric Schultz, Brian Shekleton, Kelly Spors, and Paul Zeigle. City Council Meeting -3- July 16, 2012 4d. Approve Second Reading and Adopt Ordinance No. 2415-12 approving Changes to Chapter 8 regarding Businesses and Licenses and Chapter 12 for Nuisance Abatement and Assessment. 4e. Approve Second Reading and Adopt Ordinance No. 2416-12 to approve changes to Chapter 4 and Chapter 12 of the City Code relating to the feeding of wildlife, and to approve ordinance summary and authorize publication. 4f. Adopt Resolution No. 12-088 approving acceptance of monetary donations from friends at Westwood Hills Nature Center in memory of Jim Lanenberg and Jane Grimsrud in the amount of$133 to purchase and plant shrubs by the pond area at Westwood Hills Nature Center. 4g. Adopt Resolution No. 12-089 approving acceptance of monetary donations from the Family and Friends of Anne Goldberg in the amount of$646 for Westwood Hills Nature Center. 4h. Adopt Resolution No. 12-090 authorizing final payment in the amount of $20,282.06 and accepting work for the Taft Storm Water Lift Station with Northdale Construction Company Project No. 2007-2400, City Contract No. 139- 11. 4i. Adopt Resolution No. 12-091 authorizing final payment in the amount of $8,559.13 and accepting work for Water Project— Well Redevelopment (SLP 14) with Keys Well Drilling Company Project No. 2011-1401, City Contract No. 121- 11. 4j. This item was moved to 8d. 4k. Designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$436,634.50 for the Traffic Signal Project—Park Center Boulevard at Park Summit, Project No. 2012-1306. 41. Enter in to a Public Improvement Agreement with Target Corporation for the Traffic Signal Project—Park Center Boulevard at Park Summit, Project No. 2012- 1306. 4m. Approve Consultant Contract for construction administration services and traffic signal timing for Traffic Signal Project — Park Center Blvd at Park Summit, Project No. 2012-1306. 4n. Adopt Resolution No. 12-092 authorizing the special assessment for the repair of the sewer service line at 2924 Ottawa Avenue South, St. Louis Park, MN —P.I.D. 31-029-24-34-0096. 4o. Adopt Resolution No. 12-093 authorizing the special assessment for the repair of the water service line at 1464 Idaho Avenue South, St. Louis Park, MN—PID 05- 117-21-43-0041. 4p. Adopt Resolution No. 12-094 accepting donations received from the following businesses during the 2012 Fire Department Grand Opening and Open House: • Northland Aluminum $300.00 Check • Rainbow Foods $50.00 Gift Card • Cub Foods $200.00 Gift Card • Sam's Club $100.00 Gift Card • Costco $50.00 Gift Card 4q. Adopt Resolution No. 12-095 granting approval for the Preliminary and Final Plat of Medley Row. 4r. Adopt Resolution No. 12-096 rescinding Resolution 91-146 relating to a previous use of the Highway 7 Corporate Center site at 7003 West Lake Street. City Council Meeting -4- July 16, 2012 4s. Approve a Temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park for an event to be held on August 4, 2012, in the parking lot at the American Legion. 4t. Adopt Resolution No. 12-097 authorizing the installation of permit parking restrictions along both sides of France Avenue from 3328 France Avenue to W. 34th Street. 4u. Adopt Resolution No. 12-098 in support of The Southwest Twin Cities Yellow Ribbon Coalition. 4v. Adopt Resolution No. 12-099 presenting Bob Ramsey, Ann Thomas and Todd Brewer with a St. Louis Park Outstanding Citizen Award. 4w. Adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: • Resolution No. 12-100 imposing civil penalty for liquor license violation on May 18, 2012, at El Patron Mexican Cuisine, 8140 Hwy. 7. • Resolution No. 12-101 imposing civil penalty for liquor license violation on May 18, 2012, at Wok in the Park, 3005 Utah Ave. So. • Resolution No. 12-102 imposing civil penalty for liquor license violation on May 30, 2012, at Grand City Buffet, Inc., 8912 Hwy 7. • Resolution No. 12-103 imposing civil penalty for liquor license violation on May 30, 2012, at Pei Wei Asian Diner, 5330 Cedar Lake Rd., Suite 600 4x. Adopt Resolution No. 12-104 accepting the work and authorizing final payment in the amount of$18,272.71 for the City Hall Garage Roof Replacement Project No. 2009-1700. 4y. Adopt Resolution No. 12-105 ordering the abatement of the hazardous building located at 2915 Ottawa Avenue South. 4z. Approve for Filing Human Rights Commission Minutes of April 17, 2012. 4aa. Approve for Filing Planning Commission Minutes of May 16, 2012. 4bb. Approve for Filing Vendor Claims. Councilmember Ross requested that Consent Calendar item #4j be removed and placed on the Regular Agenda. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item #4j to the Regular Agenda as item #8d; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions—None 6. Public Hearings 6a. Off-Sale Liquor License—Liquor Boy,Inc. Ms. Stroth presented the staff report and explained the City received an application from Liquor Boy, Inc., for an off-sale intoxicating liquor license located at 5620 Cedar Lake Road. She stated John Wolf is the sole owner and plans to open in late September. She added Mr. Wolf also owns Chicago Lake Liquors in Minneapolis. City Council Meeting -5- July 16, 2012 Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Sanger noted a typographical error with respect to the license term through March 1, 2012 and stated this should read March 1, 2013. Ms. Stroth agreed to correct the license term through March 1, 2013. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to approve an off-sale intoxicating liquor license to Liquor Boy, Inc., located at 5620 Cedar Lake Road with the license term through March 1, 2013. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Commence Eminent Domain Action for Public Purposes — Highway 7 / Louisiana Avenue Interchange Project. Resolution No. 12-106 Mr. Olson presented the staff report and explained that the project will impact ten parcels owned by the City and seven privately owned parcels. He stated Parcel 1 is owned by Naegele Outdoor Advertising and is located in the southwest quadrant of the intersection; the acquisition affects the billboard, which will need to be removed or relocated. He stated Parcel 4 is owned by 7201 Lake LLC and houses Cardinal Glass and Odds and Ends Furniture Outlet; the acquisition includes a small taking on the corner requiring the property owner to close two of the four entrances located nearest to the intersection. He noted that two remaining access points will remain further down the road. He stated Parcel 5 is owned by Sam's Real Estate Business Trust and contains Sam's Club; the acquisition includes a narrow strip of land needed along the west side and will facilitate relocation of the sidewalk closer to the building since the road shifts further to the east in this area. He stated Parcel 9 is owned by Clear Channel and is located in the northeast quadrant; a permanent easement is needed for the ponding area and the acquisition will require that the billboard be removed or relocated. He stated Parcel 12 is owned by R&N Real Estate and contains the Oak Hill office building; the acquisition partially impacts the corner nearest Walker and Louisiana and will require removing the water treatment pond for construction of the road. He noted the City will handle this parcel's storm water after completion of the project. He stated Parcel 14 is owned by MSP SLP Apartments LLC and contains the Louisiana Oaks Apartments; the acquisition will impact the northeast and southeast corners to allow for the roundabout construction and entrance ramp to the highway. He stated Parcel 15 is owned by St. Louis Park Housing Partners; the City needs a temporary easement since the frontage road will shift slightly closer to their property but remain in the existing right-of-way. He advised the City is in the process of finishing appraisals and will move into acquisition activities in late July. He also presented the project schedule and stated that construction is scheduled to commence in May/June 2013. Councilmember Mavity requested further information regarding the City's conversations with property owners and feedback received to date. City Council Meeting -6- July 16, 2012 Mr. Olson explained the City has had conversations with the owners of the two apartment complexes and Sam's Club and all property owners have been invited to all of the open houses. He stated the City has received no response from the owners of Cardinal Glass or the owners of the Oak Hill complex. He added that Clear Channel and Naegle have not attended any of the public meetings. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 12-106 Authorizing Condemnation of Land for Public Purposes. The motion passed 7-0. 8b. Project Report: Roadway/Trail Improvement - Beltline Blvd at Regional Trail Crossing. Resolution No. 12-107 Mr. Brink presented the staff report and stated that on May 7, 2012, Council directed staff to move forward with widening Beltline Boulevard, putting in a wider median and realigning the trail crossings. He presented an aerial photo of the current crossing as well as a diagram depicting the proposed changes that will provide trail users with a safer crossing. He presented the proposed schedule noting that construction would begin on September 4, 2012, with construction complete in November 2012. He stated the estimated cost to complete the project is $150,000 and funding would come from the General Fund, Development Fund, and possibly MSA funds. He added a request has been submitted to Three Rivers Park District seeking a contribution for the project and the Three Rivers Board will consider the City's request this week. Mr. Dave Carlson, 7006 West 23rd Street, appeared before the City Council and stated he has been a member of the Hennepin County Bike Advisory Commission since 1989. He stated the Bike Advisory Commission studies trail crossings from both a trail user perspective as well as a transportation perspective. He stated he has lobbied for a different design on Beltline Boulevard that would include a two-lane design with a center turn lane. He indicated this type of design would still have a 12' median and would serve to slow traffic. He noted the County is using this type of design throughout the County, e.g., Cedar Lake Road west of 169, and it has worked well to provide a safer crossing for trail users. He stated if the City used this type of design, the cost may be less than estimated and this type of interim design may be better suited for this area. Councilmember Ross stated this trail crossing has been a dilemma for Council and indicated it would have been helpful to have heard from Mr. Carlson and/or Three Rivers Park District sooner in this process because Council is now being asked to make a decision after months of studying the issue. She agreed that a grade separated crossing was the only workable solution and the proposed changes represent only a temporary fix. Mr. Hannening stated that the option of constructing a two lane divided roadway was discussed by Council in May and staff suggested this option should be considered only as a temporary or pilot approach because of potential traffic issues; Council decided not to pursue that option. Ms. Hannah Barker appeared before the City Council and stated she lives near the Wooddale crossing. She encouraged the City to keep the stop sign at this crossing and stated safety is a significant issue at the Wooddale crossing. She expressed concern City Council Meeting -7- July 16, 2012 about the problems with traffic and felt if Beltline goes down to one lane, it will cause more problems. She stated she would like the trail users to obey the traffic stop so traffic can keep moving through this area. Ms. Anna Tift appeared before the City Council and stated the trail crossings are creating confusion. She requested clarification regarding the Wooddale and Beltline crosswalks. Councilmember Mavity stated the crossing at Wooddale is marked but not at Beltline. Ms. Tift stated that consistency is needed on the trails because some of the crossings are marked while others are not marked and some people stop at the crossings while others do not stop. She suggested using some type of campaign to educate people regarding the crossings. Mayor Jacobs agreed the trail crossings are not consistent and the City has been trying to work with Three Rivers on this issue. Councilmember Mavity stated that Council has been frustrated about this crossing for a long time and Council has had significant discussions about safety for trail users and drivers as well as the need for clarity and consistency on the trail crossings. She stated the City is trying to accommodate a wide range of users and the high volume of traffic in this area adds a layer of complexity to an issue that needs to be resolved quickly. She indicated that cost is also an issue and building a grade separated crossing would be in the range of $1 million. She noted there is no guarantee that a grade separated crossing would have to be torn down in three to five years once light rail comes through. She indicated the City has tried narrowing the roadway at Wooddale and this has worked to some extent, but the key problem at Beltline is that drivers do not know what to do because the crossing is not a crosswalk. She felt that narrowing the roadway represents one of the key ways to make this crossing safer. She stated she appreciated seeing the wider median but felt the City could do better for less money with a temporary fix. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt a Resolution directing the City to conduct a preliminary pilot of Option 4 (constructing a two-lane divided roadway with a center turn lane and wide median) and directing staff to report back to the City Council regarding impacts on traffic Councilmember Sanger stated the Beltline crossing has eluded a good solution despite several years of discussion. She stated one of the main problems causing so much confusion and frustration is that drivers do not know whether to stop at the crossing. She stated the City previously distributed information that said dnvers should not stop if someone was in the crossing and there is confusion between jurisdictions. She added there is a line of sight problem for cars coming up in the middle lanes because these drivers cannot see if someone is in the crossing and she felt the crossing needs to have some way of cueing drivers that someone is in the crossing. She stated the issue of consistency across jurisdictions needs to be resolved and the confusion is made worse because of the lack of a painted crosswalk at Beltline. She did not believe the proposed solution would address these problems or alleviate the confusion and felt the best way to resolve this was to reduce the roadway to one lane in each direction at least on a temporary basis. She stated if this solution does not work, the City can revert to a mixture of the other two options to widen the median and to add a painted crosswalk and City Council Meeting -8- July 16, 2012 some kind of light system that would signal drivers. She felt if Council was unwilling to adopt a two-stage solution, the City would be squandenng money as well as an opportunity to minimize the safety hazards for both dnvers and trail users. She also urged the City to improve its education of dnvers and trail users. She reminded Council of its discussion last week approving the Design Guidelines for the Beltline light rail station, which state that the Beltline area should evolve into a walk/bike friendly area to get to the future Beltline transit station. She stated the Design Guidelines also state that pedestrians and bicyclists should receive the highest priority near the Beltline transit station. She stated the City needs to be consistent with what it does with the Beltline trail crossing together with the vision for this entire area and felt that having a crossing with no lights, no crosswalk, and no cues for drivers does not further the goals for this area. Councilmember Santa requested confirmation that the proposed changes will require trail users to stop and that there will be no lines on the pavement for cars indicating a crosswalk. She asked if this meant that motorized vehicles have the right of way and people using the trail need to stop/yield and wait until it is safe to cross. She also asked if trail users have the right of way if there is a marked crossing. Mr. Brink replied that trail users have the right of way only if there is a marked crossing. Councilmember Mavity stated one of the challenges with having a striped crossing is that the crossing is mid-block which is not typically done because cars are not expecting it and you do not want trail users to think they can automatically go across at mid-block. She stated her motion directs the City to install a two-lane roadway with a turn lane but does not include a striped crosswalk so trail users would still be required to stop. Councilmember Ross stated that safety is the City's priority and the City's consultants have indicated the proposal on the table tonight represents the best option in terms of safety. The motion failed 2-5 (Mayor Jacobs and Councilmembers Hallfin, Ross, Santa, and Spano opposed). It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt Resolution No. 12-107 Accepting the Project Report, Establishing the Beltline Boulevard Regional Trail Crossing Improvement, Approving Plans and Specifications and Authorizing Advertisement for Bids for Beltline Boulevard Regional Trail Crossing Improvements. The motion passed 5-2 (Councilmembers Mavity and Sanger opposed) 8c. Preliminary and Final Plat— Eldridge Fifth Addition (Application #12-15-S). Resolution No. 12-108 Mr. Walther presented the staff report and explained the property at 9019 Cedar Lake Road is owned by the City and was included in the excess land process in 2005. He stated the property is 14.4 acres and the property would be subdivided into two lots with Lot 2 sold for development of a single house. He indicated that Lot 1 would remain City property and no changes are proposed to this site. He stated the applicant's proposed building on the site would meet all setbacks and presented a concept building pad and City Council Meeting -9- July 16, 2012 driveway prepared by the applicant. He stated a neighborhood meeting was held June 11, 2012, and no objections were raised. He noted that Westwood Church has a parking lot driveway that encroaches upon this property and the driveway will need to be relocated at their expense but this will be coordinated with the developer to save costs. It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt Resolution No. 12-108 Giving Approval for Preliminary and Final Plat of Eldridge Fifth Addition. The motion passed 7-0. 8d. Final Payment Resolution—Contract 112-11 Pearson Brothers, Inc. - Project No. 2011-0001. Resolution No. 12-109 Councilmember Ross explained she attended a block captain picnic last week and this item was brought up based on concerns by residents about whether there would be any additional cost to them due to the contractor having to correct problems created with the last sealcoat due to heavy rains. She stated she told the residents she would verify that they would not be required to pay any additional sums for this work and she has now confirmed with staff that there will be no additional cost to residents for this sealcoating. It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt Resolution No. 12-109 Authorizing Final Payment in the Amount of$10,435.16 for the 2011 City Sealcoat Project with Pearson Brothers, Inc., Accepting Work on Contract Sealcoating— City Project No 2011-0001, Contract No. 112-11. The motion passed 7-0. 9. Communications Mayor Jacobs reminded residents that National Night Out will be held on August 7th. He stated residents can contact their neighborhood associations or City Hall with questions. 10. Adjournment The meeting adjourned at 9:13 p.m. , / V Nancy Stroth, ity Clerk Jeff Ja .bs, Mayc