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HomeMy WebLinkAbout2013/06/17 - ADMIN - Minutes - City Council - Regular IISSt, Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA JUNE 17, 2013 1. Call to Order Mayor Pro Tem Sanger called the meeting to order at 7:35 p.m. Councilmembers present: Mayor Pro Tern Susan Sanger, Steve Hallfin, Anne Mavity, Julia Ross, and Sue Santa. Councilmembers absent: Mayor Jeff Jacobs and Councilmember Jake Spano. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), City Attorney (Mr. Scott), Director of Engineering (Mr. Rardin), City Engineer(Mr. Brink), Senior Planner(Mr. Walther), Controller(Mr. Swanson), Communications Coordinator(Mr. Zwilling), and Recording Secretary(Ms. Hughes). Guests: David Mol, CPA(HLB Tautges Redpath, Ltd.) and Mark Ruff(Ehlers). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. 2012 Financial Statements—Auditors Discussion and Review Mr. Swanson presented the staff report and introduced David Mol, CPA (HLB Tautges Redpath, Ltd.). Mr. Mol presented the opinion on the fair presentation of the financial statements, a report on internal controls, a report on compliance with the Minnesota legal compliance audit guide, and a communication to those charged with governance and advised the financial statements, which are the responsibility of management, were audited using Generally Accepted Accounting Standards to obtain reasonable assurance that the financial statements are free of material misstatement and the auditors have issued a clean opinion. He stated the City has previously received a GFOA award for excellence in financial reporting and staff will submit the 2012 financial statements for recognition. He stated the report on internal controls is intended to gain an understanding of internal controls in place and perform tests to determine compliance but does not audit or opine on the City's internal controls. He advised that one item was noted regarding an adjustment to the financial statements. He stated the report on compliance with the Minnesota legal compliance audit guide resulted in no findings of noncompliance after a sample of transactions was tested for compliance in seven categories. He stated the document referred to as communication with those in charge discloses whether any changes were made to accounting policies and found that the City changed the way it accounts for capital assets using the Modified Approach. He indicated there were two immaterial adjustments in the financial statements and one material corrected adjustment related to revenue recognition. He advised there were no disagreements with management and no difficulties encountered in performing the audit. City Council Meeting -2- June 17, 2013 Mayor Pro Tern Sanger expressed the City Council's thanks to Mr. Mol and Mr. Swanson. 2b. Recognition for Mike Rardin's Years of Service Mayor Pro Tern Sanger stated that Mr. Rardin recently announced his retirement as the City's longtime Director of Public Works and Engineering effective June 28`x'. She stated Mr. Rardin has been invaluable and it has been a great pleasure to work with him. She presented Mr. Rardin with a Certificate of Appreciation recognizing him for over eighteen years of service to the City. Mr. Harmening stated that Mr. Rardin transformed the Public Works Department and accomplished a great deal for the City, including his work on Excelsior & Grand and the West End project and stated it has been a pleasure to work with Mr. Rardin. Mr. Rardin stated he appreciated the opportunity to work with Mr. Harmening, the City Council, residents, and the great engineering staff. He thanked the City for allowing him to be part of many important projects in the community. 3. Approval of Minutes 3a. Study Session Meeting Minutes May 28, 2013 Councilmember Mavity requested that the first paragraph on page 4 be revised to state "Councilmember Mavity noted the design does not include widening of the OefFiflOr-as entire MN&S corridor north of Minnetonka Boulevard as previously noted in the City's DEIS comments, adding if freight was relocated, the entire right-of-way would need to be widened and would require additional property acquisitions." Mr. Harmening stated that Councilmember Spano has requested that the second and third paragraphs on page 5 be clarified to state "Councilmember Spano asked . _ t: _ . . ..- . ..- - : -. • , . - • about temporary relocation of the trail and/or freight rail temporarily during tunnel construction in the Kenilworth corridor and felt that those options should be considered on the colocation option. Mr. Fuhrmann replied they tunnel-options that the idea of moving the bike trail or freight rail temporarily had not been considered but would be examined." The minutes were approved as amended. 3b. City Council Meeting Minutes June 3, 2013 The minutes were approved as presented. 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 City Council Meeting -3- June 17, 2013 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. Adopt Resolution No. 13-087 "Declaring that it is The City of St. Louis Park's Policy to Utilize Complete Streets Principles in Transportation Planning and Community Design." 4b. Adopt Resolution No. 13-088 authorizing installation of stop sign at the east termination point of Auto Club Way. 4c. Adopt Resolution No. 13-089 authorizing the special assessment for the repair of the sewer service line at 2600 Inglewood Avenue South, St. Louis Park, MN - P.I.D. 31-029-24-41-0106. 4d. Adopt Resolution No. 13-090 authorizing the special assessment for the repair of the water service line at 3208 Webster Avenue South, St. Louis Park, MN - P.I.D. 16-117-21-21-0105. 4e. Adopt Resolution No. 13-091 authorizing the special assessment for the repair of the water service line at 3224 Dakota Avenue South, St. Louis Park, MN - P.I.D. 17-117-21-14-0007. 4f. Approve premises amendment to the on-sale intoxicating and Sunday sales liquor license for El Gordo Uno, Inc.; dba El Patron Mexican Cuisine located at 8140 Hwy 7. 4g. Approve a temporary on-sale intoxicating liquor license for Park Nicollet Foundation—Meadowbrook Collaborative, St. Louis Park, for an event to be held on June 18, 2013, at the Warehouse Winery located at 6415 Cambridge St. 4h. Adopt Resolution No. 13-092 approving acceptance of a monetary donation from John Wiley & Sons, Inc. in the amount of$500 and from Inscape Publishing in an amount of $1,150 for the purchase and installation of a memorial bench in memory of Colin Farbotko. The bench will be installed along the walking trail of Otten Pond. 4i. Adopt Resolution No. 13-093 approving acceptance of a monetary donation from Rebekah Forrest in the amount of$25 to be used at the discretion of Westwood Hills Nature Center. 4j. Adopt Resolution No. 13-094 approving acceptance of a monetary grant from the Minnesota Recreation and Park Foundation in the amount of $800 to fund "Interactive Scavenger Hunt with GPS" at Westwood Hills Nature Center. 4k. Adopt Resolution No. 13-095 approving a Minor Amendment to the Planned Unit Development (PUD) for Costco / Home Depot, with conditions recommended by staff. 41. Approve Second Reading and Adopt Ordinance No. 2443-13 amending Appendix A of the City Code, and Chapter 36 pertaining to Mobile Medical Uses, and to approve the summary ordinance for publication. 4m. Authorize the execution of an encroachment agreement for grading on City property next to 4300 Cedarwood Road. 4n. Confirm the appointment of Scott Brink to the position of Interim Engineering Director effective June 29, 2013. i F City Council Meeting -4- June 17, 2013 4o. Adopt Resolution No. 13-096 ordering the abatement of the hazardous buildings located at 7112 Minnetonka Boulevard. 4p. Approve for filing Planning Commission Meeting Minutes May 15, 2013. 4q. Approve for filing Vendor Claims. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 5-0 (Mayor Jacobs and Councilmember Spano absent). 5. Boards and Commissions-None 6. Public Hearings 6a. Public Hearing: Citywide Sidewalk,Trail, and Bikeway System Plan Mr. Brink presented the staff report and provided historical background regarding the City's public input process. He advised the Sidewalk, Trail, and Bikeway System Plan is a ten-year plan with a purpose to develop a comprehensive citywide system of trails and sidewalks. He reviewed the goals and objectives that included the development of a grid system of sidewalks every % mile and bicycle facilities every Y2 mile. He stated that a Capital Improvement Plan was developed after the extensive public process and based on priorities, needs, and available resources. He explained that while the bulk of public comment had to do with the sidewalk plan, the System Plan includes a bikeway system that will go through further public process work with residents to determine the best fit for bikeways. He presented an illustration of existing and proposed sidewalks and stated staff met with Council to put together a ten-year plan including costs. He noted that the City has a plan in place that identifies other projects, e.g., street reconstruction or sewer construction, and any sidewalk or bikeway construction will be scheduled around other significant projects. He stated the cost of the proposed ten-year plan is estimated at $17- 24 million and includes construction costs, right-of-way acquisition, and engineering. He pointed out that the estimated total includes the cost for bike and pedestrian bridges in three locations identified in the System Plan and added the project would be financed using G.O. tax exempt bonds. Councilmember Santa requested confirmation that the overall System Plan is intended to be adopted by Council and then each project would be looked at in greater detail with some projects being removed and/or added or moved to another location, but in all instances, the residents being affected would be invited to every meeting and would have an opportunity to provide input and help make any tweaks if necessary. Mr. Brink stated that this was correct. He explained that Council ultimately approves and authorizes a specific project to go out for bid and the same process would be used for the System Plan, adding that once a project undergoes more detailed engineering design, Council would make a determination whether it makes sense to move ahead with a particular project. Councilmember Santa asked if each segment would come back to Council for approval. City Council Meeting -5- June 17, 2013 Mr. Brink replied in the affirmative. Councilmember Mavity stated that for many people this process has been frustrating and acknowledged it has been a challenge to figure out how much information to provide at one time. She stated residents have expressed concern about removing trees and the impact to trees after installation of a sidewalk. She requested information about the City's past experience with sidewalks and the percentage of trees that have died after installation of a sidewalk. She added studies have been done that show installation of a sidewalk around trees can harm them and requested that Council be provided with further information to better understand this potential impact. Mr. Brink stated the City does not have a specific percentage but City staff reviews each project individually to determine the best location for a sidewalk and to minimize project impacts including trees. He stated that once City staff has an understanding of the topography and with input from residents, the project can be designed, adding the City tries to work around trees as much as possible. He presented pictures of past projects demonstrating how the City has installed a sidewalk around trees or in areas with tight grades, adding the City Forester is involved on all of these projects. Councilmember Ross asked about liability if someone fell on a sidewalk in front of a resident's home. Mr. Scott advised that any liability typically rests with the person who slips and falls and not with the property owner. He stated if there was potential liability on a City sidewalk or trail in the right-of-way maintained by the City, the liability would be on the City's part adding he has never seen a situation where that has created any liability on the part of the homeowner. Mayor Pro Tem Sanger opened the public hearing at 8:17 p.m. Mr. Patnck Djeff, 4111 Brookside Avenue, stated he lives a mile from the middle school where he will be attending and he tries to bike or walk as much as he can. He felt the City should add more sidewalks so he can walk to and from school and to encourage kids and adults to be more active. Ms. Becky Phelan, 3944 Joppa Avenue, stated she is the first of eight households between Joppa and Natchez who are unanimous in their opposition to installation of a sidewalk on 40`h Street. She asked Council to remove this sidewalk because it does not fit the parameters of the plan. Ms. Mary Gindorff, 3928 Monterey Avenue, stated they moved into their home in 1968 and were impressed by the natural beauty and ambience of this Minikanda Vista neighborhood. She stated the proposed sidewalks in her neighborhood will be in close proximity to their homes and this presents a huge impact on their lives, especially in the summer, resulting in little or no privacy. She stated their neighborhood takes pnde in their homes and yards and they are concerned about the loss of mature trees and shrubs, as well as impacts to their property values and lifestyles. She respectfully asked Council to delete 40th Street from the plan and presented several photographs to Council. 1 City Council Meeting -6- June 17, 2013 Mr. Mike Lang, 3971 Natchez Avenue, stated that many residents along 40th have installed irrigation systems and have invested in landscaping, retaining walls, and fences and the residents are now at risk of losing their investment. He was concerned about the loss of 25 mature trees, many of the trees being over 70 years old. Mr. Tom Latham 3944 Kipling Avenue, stated they have invested substantially in their home and yard including investment in the City's setback of a 70' retaining wall. He stated when they put in the first 35' in 1992 they called the City and were told it would be okay and that the City would have enough space for snow plowing. He stated he added the second section in 2011 and their contractor got a permit after the Connect the Park project was established and received no heads-up about sidewalks. He stated the cost to relocate the retaining walls and fence would be about $8,000. He added he was present this evening on behalf Cindy Abramovitz, 3933 Monterey, who could not attend and stated her driveway's total length is 20' and the sidewalk easement of 11' would leave her with a 14' driveway and her SUV is 16'. He stated he felt the issues raised were all compelling reasons to remove this segment from Connect the Park. Ms. Jackie Perrizo, 3945 Kipling, requested deletion of the sidewalk segment from Natchez to Joppa and asked for reconsideration of the logistics surrounding snow removal for this stretch of sidewalk. She stated she is on a fixed income and the estimated cost to hire someone to remove snow varies between $395-$725. She stated that once the sidewalks are cleared there is still snow and ice on the sidewalk so people prefer to walk in the street. She requested reconsideration to delete the segment from Natchez to Joppa. Councilmember Hallfin stated it was important to understand that the City designates sidewalks as Community Sidewalks and Neighborhood Sidewalks and the City is responsible for snow removal on Community Sidewalks. Mr. Brink stated that Community Sidewalks are sidewalks along busier collector streets, e.g., France Avenue or Texas Avenue, and Neighborhood Sidewalks are the responsibility of the homeowner. Ms. Cindy Latham, 3944 Kipling, stated their neighborhood submitted a petition unanimously opposed to a sidewalk on 40th Street. She stated their neighborhood also initiated a meeting with Councilmember Mavity to ask her what they could do to better understand the process and potential impacts and Councilmember Mavity suggested they get additional support from the Minikanda Vista neighborhood and confer with the Minikanda Vista co-chair Claudia Madison. She distributed a summary sheet of their efforts stating they obtained a total of 146 signatures on their petitions indicating their opposition to a sidewalk on 40th Street. She stated this means 89% of the households said they wanted to delete the 40th Street segment, noting that 29 of the households have school-age children. She respectfully requested the deletion of the 40th Street segment. Ms. Jen Jacobsen, 3945 Lynn Avenue, stated their children walk to Susan Lindgren School and felt that 40th Street was a safe, pedestrian friendly road with a low volume of traffic with no issues of pedestrian safety. She stated she contacted the St. Louis Park and Edina Police Departments and was informed that 40th Street is considered a low volume traffic road with no unusual safety issues or concerns reported with no accidents of any kind. She stated Connect the Park identifies criteria for sidewalk installation City Council Meeting -7- June 17, 2013 geared toward streets with high volumes and she did not believe the 40`h Street segment fits the criteria and respectfully requested deletion of the 40t Street segment. Mr. Shawn Jacobsen, 3945 Lynn Avenue, stated their street ends in a cul-de-sac and felt their street was primarily used by people in their neighborhood. He stated they have never felt there was a problem with traffic and they can watch their children walk to school. He stated the great majority of residents are opposed to this part of the plan and some residents brought up reasonable alternatives such as pedestrian lanes, school crosswalks, or adding more stop signs, adding these measures were put out by the National Highway Traffic Safety Administration as part of its Safe Streets initiative to increase the safety of school-age walkers. He added that crossing guards at Susan Lindgren is another possibility and respectfully requested deletion of the 40th Street segment. Mr. Greg Phelan, 3944 Joppa, stated his opposition to the sidewalk along 40`h Street and indicated when they learned about the proposal and the impact of construction on their narrow green space, they commissioned a study by Heritage Shade Tree Consultants. He stated the report includes a detailed inventory and analysis of 30 trees in the project space and 18 of those trees are large,mature trees and represent prime urban forestry. He stated the consultant tabulated the environmental value based on air quality, storm water control, and CO2 reduction, and the report states that large trees produce an annual benefit to the community of over $3,600. He stated the report includes overhead photos of the entire green space that convey the sheer density of the area and indicated the proposed project space will have a concrete strip extending over 1,200' from Joppa to Natchez and represents a retrofit going through urban forest density and cityscape. He stated the report indicates the sidewalk through this area could negatively impact any or all these trees thus putting a key community asset at risk of damage or loss and recommended the deletion of the proposed 40`h Street segment. Mr. Bill Kallenberg, 3940 Lynn Avenue, stated they were attracted to the Minikanda Vista neighborhood by the mature trees and canopy. He stated that at the May 28th study session, the question was raised about the potential impact to this canopy, which was a direct result of the study done by Heritage Shade Tree Consultants. He stated it was important to note the report states that approximately 4,264 square feet of canopy could be potentially lost and presented a before and after scenario demonstrating the impact of the proposed sidewalk. He stated the national tree benefit calculator indicates these trees capture 4,551 gallons of storm water, reduce CO2 by 1,300 pounds per year, and provide kilowatt hour annual savings. He stated he spoke with Mr. Jordan and Mr. Vaughan who indicated that if a tree were cut down at the time of sidewalk installation it does not mean the tree will survive adding all of these trees are community assets that provide a calming effect to the neighborhood and enhanced wide-open spaces encourage faster vehicle traffic. He felt there were less intrusive options available and did not feel this street was designed for a sidewalk and respectfully requested the deletion of the 40t Street segment. Ms. Julie Kallenberg, 3940 Lynn Avenue, stated that residents between Joppa and Natchez are undivided in their opposition to a sidewalk. She stated they invited Councilmember Mavity to a meeting to voice their concerns and gain insight into Connect the Park, focusing on all aspects of the plan and the process for determining segments as well as recommendations for obtaining additional support for removal of this segment. She stated they met with Claudia Johnson and gained her endorsement of their City Council Meeting -8- June 17;2013 position and they prepared a petition, met with other Councilmembers to understand their perspective on the plan, and spoke with and wrote letters to staff attempting to understand the goals and objectives of the plan. She stated they met with Mr. Vaughan to get his professional opinion and hired Hentage Shade Tree to obtain an independent and objective report. She stated 40th Street is a low volume street with no known safety concerns. She stated they have broad support for removing the 40th Street segment from the plan and respectfully requested that Council delete this segment. Ms. Lois Scudder, 8025 Cedar Lake Road, stated that 20 years ago they lost all the parking in front of their street due to the left turn lane installed on Virginia and this impacted their business. She stated if this sidewalk is installed they will lose two or three more parking places and there is no place to park in the neighborhood. She stated they spent a lot of money on landscaping and after a portion of their driveway was deleted they lost part of their lawn and if a sidewalk is installed they would lose all the money they spent on landscaping. She stated they are opposed to a sidewalk on Cedar Lake Road between Virginia and Nevada. Mr. Dan Scudder, 8025 Cedar Lake Road, stated if a sidewalk is installed and their trees die five years later, they have to pay to have them removed because the sidewalk killed them. He stated he has the oldest elm tree on Cedar Lake Road and felt this tree would not survive the sidewalk installation. He stated the sidewalk would not enhance his property and was concerned about his property value going down. Mr. Dave Carlson, 7006 West 23`d Street, stated he is a member of the Hennepin County Bike Advisory Committee and served on the City's Vision committees. He expressed support for the biking provisions and felt the plan would enhance the City's trail network. He stated the City needs more adequate space for the safety of bikes and motorists and was hopeful the City would pass this plan and provide flexibility especially with sidewalks and to deal with pedestrian issues on an individual basis. Mr. Matt Adams, 1445 Louisiana Avenue, spoke against the plan and expressed concern about removal of trees and the impact on trees not being removed immediately. He stated this also impacts parking in driveways and decreases parking spaces. Mr. Steve May, 3501 Joppa, thanked Mr. Brink for his correspondence and follow-up over the past six months. He stated no safety issues on 39th Street have been identified and felt the City was trying to create a problem that does not exist. He applauded the residents on 40 Street for their efforts to identify and quantify the environmental impact, stating the impact of 10.5 miles of sidewalks is $1,260,000 and felt this would impact the City's ability to say it is a green community. He stated the 2011 community recreation survey showed less than 5% of respondents wanted more sidewalks and felt that moving forward was questionable. He stated that 67 people filed a petition against a sidewalk on 39th Street and asked Council to take that into consideration. He also felt the City should consider other options before putting in bridges. He stated the plan would cost a lot of money and felt this money should be put toward things like schools, roads, or sewers. He asked Council to delete 39th Street and 40th Street from the plan. Mr. Howard Noreen, 8512 Westmoreland Lane, stated he was opposed to the sidewalk on the north side of Westmoreland Lane. He stated the proposed sidewalk is in one of the least populated areas of the City bordered by the Nature Center and is one of the longest City Council Meeting -9- June 17, 2013 proposed segments as well as one of the most expensive that serves the lowest number of people. He felt that adding sidewalks would change the look and feel of the Westwood Hills neighborhood. He stated the speed limit in this area is 25 mph and the kids are bussed to school. He stated the segment along Westmoreland does not meet the criteria for putting in sidewalks and adds no value to the City. Councilmember Hallfin noted that Westmoreland is a main artery to the Nature Center and it leads to the junior high. Mr. Noreen stated that the kids are bussed to school adding there are no cross streets and the only people this will serve are those living along the street and these residents do not want a sidewalk. Mr. Marvin Marshak, 2855 Ottawa Avenue, acknowledged that Ottawa is a busy street and requested consideration of a stop sign at 29th and Ottawa to slow traffic. He questioned the need for a sidewalk on both sides of the street and whether a sidewalk needs to be 6' wide, noting many sidewalks in Fernhill are 4' wide and this would reduce the impact. Ms. Anita Kolman, 2855 Ottawa, agreed with Mr. Marshak's comments and stated she frequently walks in the street in the winter because the sidewalks are covered with ice and puddles. She stated many of the trees will be impacted by a sidewalk and they previously lost two large trees when curbs were installed and felt there was no way to put in a sidewalk without impacting trees. She stated their street is busy in part because people use it as a detour into Benilde or to avoid Highway 100 and because there is no stop sign at 29th and Ottawa. She was concerned about how fast drivers are traveling and felt a stop sign would slow down the traffic and might take away some of the traffic. Mr. Paul Jennings, 3925 Joppa, felt the City Forester needs to work with City staff to save as many trees as possible and stated he felt a sidewalk on 39th Street was a better choice than 40th Street; however, he would speak against both segments, emphasizing the loss of trees. Mr. Steven Olson, 1641 Louisiana Avenue, stated he has a mature maple tree in his front yard and was concerned that a sidewalk would cover up 20% of the root system and stated his opposition to a sidewalk on the east side of Louisiana Avenue. He stated that St. Louis Park was not built for bike paths and sidewalks on all streets and some sidewalks will be within 15' of some doorsteps. He referenced information from the Internet that says the City has 110 miles of sidewalks, Edina has 25 miles, Golden Valley has 44, and Hopkins has 21. He added he was dismayed to see plans to put a bus shelter in front of his house and was concerned about what that would do to his property value. Mr. Jim Janick, 2048 Texas Avenue, stated he was present representing himself and Ms. Wanda Moss, 2042 Texas Avenue. He questioned the need for a second sidewalk along Texas Avenue and stated he received an email from the City outlining the City's logic that there is a junior high school in the area with 3,300-4,000 cars a day on Texas but the data does not show how many cars on a school day vis-à-vis a work day and urged the City to do a traffic count. He felt the City would be better off spending the money redoing its current assets versus building another sidewalk. He stated that Ms. Moss has two of the last old majestic elms and a sidewalk would kill those trees. City Council Meeting -10- June 17, 2013 Mr. Ernest Griffith, 3936 Lynn Avenue, stated the proposal has sidewalks and bikeways grouped together resulting in the issuance of bonds that he has to pay a part of and asked if the City could split the cost so he knows how much the sidewalks cost and how much the bikeways cost. He requested that Council give some thought to spending money to put some drop gates on the snowplows so when he shovels his driveway he does not have to shovel it twice after the plows come through. He stated his opposition to the sidewalk on 40th from Joppa to Natchez and on 39th from France to Natchez. Mr. Harmening explained that total construction cost is $11.8 million with sidewalk construction estimated at $2.5 million, construction of bikeways estimated at $200,000, construction of bike lanes estimated at $417,000, construction of trails estimated at $740,500, and construction of bridges estimated at $8 million. Ms. Judy Simmons, 1441 Louisiana Avenue, stated her opposition to a sidewalk and stated the sidewalk on the west side takes care of pedestrian traffic. She stated she would rather see the City put money into road repairs and police enforcement of speed limits. Ms. Dianna Martin, 5220 Morningside Road, stated her opposition to a sidewalk on the north side of Morningside and felt it would make more sense to have a sidewalk on the south side but in any case, she requested that the sidewalk be removed from the plan for reasons of safety, noting the stretch from Browndale to Mackey has crosswalks that are not controlled and the crosswalks are offset at the intersections. She stated the existing sidewalk along Browndale Park is on the south side and all of the large trees on that section of Morningside are on the north side, adding the trees help buffer car exhaust and are aesthetically important. She stated a sidewalk on the north side of Morningside would reduce their front yards and most of the homes have a single car garage and would have a hard time finding parking. She stated this stretch of sidewalk would not be a safety improvement and would not contribute to connectivity and requested that this segment be deleted. She stated that the homeowners she was able to reach agreed with removing this segment and stated they would be happy to present a petition to the City. Ms. Michelle Willinganz, 2848 Ottawa, stated she has landscaped and added on to their home to increase curb appeal and the value of their property and would hate to see that change. She requested further information about the statement that the City will work with residents. She also requested further information about Community Sidewalks and Neighborhood Sidewalks. She felt the addition of stop signs and traffic enforcement would help, along with single side parking on Ottawa. Ms. Elsa Linke, 2859 Ottawa Avenue, stated she has not had trouble getting around even though there is no sidewalk. She stated Ottawa is a busy street and has observed that this is the result of no stop sign on 29th and Ottawa. She felt a sidewalk on Ottawa was not justified due to the environmental and aesthetic cost. Mr. Ron Berry, 4100 Salem, stated this is the third time he has appeared regarding a sidewalk on 41S` and encouraged Council to reject the sidewalk plan as presented until more details are available related to environmental costs, safety, and total project cost. Mr. Harold Ludtke, 2218 Texas Avenue, felt the sidewalk on the west side of Texas from Franklin to Cedar Lake Road should be deleted because it was a waste of money. He felt City Council Meeting -11- June 17, 2013 the only reason for putting in a sidewalk was the junior high school but a lot of students are bussed to school and traffic is low. Ms. Lorri Peters, 2520 Virginia Avenue, stated they already have a sidewalk on the east side of Virginia and if a sidewalk is installed on their side of the street, it has to go under the railroad bridge and there is no place to put a sidewalk under this bridge. She also expressed concern about taking trees and making their short yard even shorter. Mr. Duane Povlitzki, 3400 Aquila Avenue, questioned the need for a sidewalk between Aquila and 34`h and stated there are telephone poles and trees on the south side of the street where the sidewalk is being proposed and nothing on the north side. He stated his neighborhood is against a sidewalk. He also requested clarification regarding responsibility for snow removal on sidewalks. Mayor Pro Tem Sanger requested that Mr. Harmening follow-up with Mr. Povlitzki. Mr. Neil Gilbert, 8608 Westmoreland Lane, agreed with Mr. Noreen's earlier comments and noted the overwhelming opposition to a sidewalk. He stated they have a street leading to both the Nature Center and junior high school but they are not used by pedestrians to get to either location. He felt the City was trying to increase accessibility but in the process was reducing the reason why people want to live in St. Louis Park and felt this should be taken into consideration. He asked who would be liable if someone slips on a residential sidewalk. He felt the entire plan needs to be looked at before passing something that is disliked by a large population of the City. Mr. Jack Pope, 4101 Toledo Avenue, stated that a lot of people expressing interest in the project are not the ones being impacted and was hopeful that this process going forward would provide people being impacted with a lot more say than in the prior process. Ms. Ruth Owens, 8031 Cedar Lake Road, agreed with previous comments and stated they have a sidewalk across the street and have a full pedestrian walkway. She stated they previously petitioned the City for a stoplight on the corner of Virginia and Cedar Lake Road and felt that a better use of funds on that particular stretch would be a stoplight because cars do not stop for the pedestrian crossing. She was concerned about the loss of trees and was not convinced that they would not lose their trees. Mr. David Ornstein, 8712 Westmoreland Lane, stated he was asked by residents to present their overwhelming opposition to a sidewalk for the reasons stated earlier. He stated several homes in the neighborhood have experienced broken water lines that are expensive to repair and applauded the City for offering an insurance option but if sidewalks are constructed and there are subsequent broken water or sewer lines, that could increase the cost of repairs. He stated they have never experienced safety concerns and was not aware of any accidents in their area and urged Council to delete this sidewalk from the project. Ms. Priscilla Bue, 2201 Louisiana Avenue, spoke in favor of a sidewalk along Louisiana Avenue and stated crossing Louisiana Avenue is horrific especially during rush hour. She stated it is hard to walk on the east side of Louisiana Avenue because of hills and the pitch to some of the yards. She stated she has a bus stop in front of her house and was okay with that. _ 1 City Council Meeting -12- June 17, 2013 Mr. Kimball Justesen, 2219 Louisiana Avenue, stated his opposition to the sidewalk on the east side of Louisiana. He stated someone suggested that sidewalks would slow traffic but the sidewalk on the west side of Louisiana Avenue has not slowed traffic and suggested that the Police Department patrol this area more frequently. He stated when Louisiana Avenue was widened and sidewalks installed on the west side, the City put in trees that now provide shade and most of the trees are close to the curb and he did not feel these trees would live if a sidewalk is installed. He felt there was a safety issue with respect to increased traffic close to people's front doors and guaranteed that a sidewalk on the east side of Louisiana Avenue would dramatically increase home invasions, particularly with the addition of 144 apartments two blocks away. He stated that snow removal on sidewalks and the question of liability was raised and indicated the person or organization responsible for snow and ice removal will bear the lion's share of liability and the City has immunity for the Community Sidewalk segments but homeowners do not have immunity. He felt the overall plan of connectivity in the Park was laudable but felt that the plan's goals have not been achieved with respect to Louisiana. Ms. Melissa Brogger, 3901 Lynn Avenue, agreed with the overwhelming response in opposition to the sidewalk on 39th Street. She referred to Exhibit 6 indicating sidewalks provide traffic calming and disagreed stating that studies have indicated a sidewalk adds to speeding. She disagreed that a sidewalk would improve aesthetics in their neighborhood. She was also concerned about water runoff where hardscape is put in as well as loss of privacy, decreased property values and curb appeal, and loss of significant landscaping. She respectfully requested the removal of 39th Street from the plan. Mr. Chris Edman, 7225 Minnetonka Boulevard, stated his opposition to the proposed sidewalk stating the sidewalk would be approximately five feet from his bedroom windows and would be a sidewalk that he would have to maintain. He was concerned about losing his driveway and where to pile the snow. He stated his neighbor across the street is in the same position and would lose his driveway as well. Ms. Kira Bohmann, 3407 Aquila Lane, stated they are in favor of the bike connectivity in the plan but are opposed to the sidewalk, adding they bought their house because it did not have a sidewalk. She asked that Council consider decoupling the proposal and removing the sidewalks in their neighborhood. Mr. John Snyder, 3316 Huntington, stated he thought most neighbors were fine with the bike plan. He stated one concern mentioned relates to those situations where people are left with a driveway too small to hold a second car and felt that any segments with that situation should be dropped from the plan. Mr. Tim Brausen, 8301 Virginia Circle North, encouraged Council to pass the bike portion of the plan and stated anything the City can do to make the City more bike friendly would be appreciated and welcomed. He encouraged Council to strongly reconsider proposals relating to sidewalks on both sides of a street. Ms. Gloria Hiner, 4050 Wooddale, stated the City did a review of Wooddale five years ago and tabled it and did not know why this segment is back on. She agreed with Mr. Berry's comment that this needs more study. City Council Meeting -13- June 17, 2013 Mayor Pro Tern Sanger stated she received an email from Ms. Katherine McManus, 3106 Zarthan Avenue South, who could not be present this evening and recited the email for inclusion in the official record. Mr. Greg Meredith, 8506 Westmoreland Lane, stated he submitted a letter to the City in November and recited his letter opposing the City's initiative to install sidewalks in the green space in front of his home and urging the City Council to reconsider the plan and not spend unnecessary resources on concrete. He reiterated his written request to remove Westmoreland from the sidewalk plan. Mr. Dave Bohmann, 3407 Aquila Lane, stated he did not believe that sidewalks promote community involvement and activity and asked that the City remove the proposed sidewalk on Aquila from the plan. Mayor Pro Tem Sanger thanked all the residents for attending and speaking tonight and closed the public hearing at 10:47 p.m. Councilmember Mavity stated that Council adopted a Complete Streets Policy as part of its Consent Agenda this evening that instructs staff to adopt the policy for all of the City's engineering and transportation projects; in addition, Council adopted an Active Living Policy to encourage people to be more active and these policies were envisioned when the sidewalk plan was initiated. She indicated she did not envision how frustrating this process would be and agreed that Council does not have enough information on many segments to say yes or no,but felt that Council should move to adopt the Sidewalk, Trail, and Bikeway System Plan with amendments. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt the Citywide Sidewalk, Trail, and Bikeway System Plan as presented in Exhibits A2, B1, and C2, which depict the proposed 10 year Capital Plan. Councilmember Mavity stated she appreciated the thoroughness of the 40th Street neighbors in their presentation and requested a friendly amendment to remove 40th Street from the Citywide Sidewalk, Trail, and Bikeway System Plan because the neighborhood petition was significant and did not feel the grid itself justifies that many segments. Councilmember Santa seconded the friendly amendment. The friendly amendment request to remove 40t Street from the Citywide Sidewalk, Trail, and Bikeway System Plan passed 5-0. (Mayor Jacobs and Councilmember Spano absent). Councilmember Mavity stated Council needs more information on many of these segments and did not want to make a final decision without that information. She stated the snow removal issue is a serious issue and suggested that Council work with staff to figure out how to make sure those sidewalks that the City is responsible for are plowed effectively. She stated there are gaps in the current sidewalk segments that this proposal does not address and there are a lot of segments around the community where people were able to opt out individually and felt it was important to figure out how to fill in those gaps. She reiterated she would not approve a plan that will cut down a canopy of trees. City Council Meeting -14- June 17, 2013 Councilmember Hallfin stated he lives on 41S` Street where a sidewalk is proposed and pointed out that the segment from Susan Lindgren School to Brookside is the only section that does not have a sidewalk. He stated that Council takes this plan seriously and acknowledged the concerns about loss of trees and felt Council was at the point where the City will do some engineering to see what the projects will look like, including how many trees are impacted, and Council will have the answers it does not have now. He reminded residents that the final plan would not be voted on tonight and Council is only voting to approve further engineering so that Council can review segments on a case-by- case basis. Councilmember Ross agreed with Councilmember Hallfin's comments and stated that Council's task is about connecting the city. She stated she agreed with the resident's comments about Westmoreland adding there are other areas in the City, e.g., Louisiana Avenue and Cedar Lake Road, that she supported. She indicated the City has a north- south issue that needs to be addressed in order to connect people throughout the City and move people from one side of town to the other. She requested an amendment to remove Westmoreland Lane from the Citywide Sidewalk, Trail, and Bikeway System Plan. Councilmember Hallfin seconded the amendment request to remove Westmoreland Lane from the Citywide Sidewalk, Trail, and Bikeway System Plan. The amendment request to remove Westmoreland Lane from the Citywide Sidewalk, Trail, and Bikeway System Plan passed 4-1 (Councilmember Mavity opposed; Mayor Jacobs and Councilmember Spano absent). Mayor Pro Tern Sanger stated that during the entire process the City has received comments from people indicating they wanted to add another sidewalk segment and the City is maintaining a list of requested additions. She stated if there are other suggested additions to the plan, residents should contact either Mr. Brink or Council so that they may be added to the list, but Council will not be voting on them tonight. She noted that Council is open to amending the plan and reminded residents the plan being voted on tonight is a concept plan, adding Council settled on this process to identify conceptually the major locations where sidewalks should be installed. She advised that if the plan is adopted, it directs staff to go forward with the plan and as each segment comes up, the City will perform further engineenng work for the proposed sidewalk segment and work with neighbors before a project is voted on by Council. She agreed with the concerns expressed about trees and stated she did not want to cut down a canopy of trees and this will be an important factor to consider. She stated she was in favor of moving forward with the conceptual plan so that the City can get to the point of determining specific details for each segment and have a more considered opinion as to which segments are workable and not workable. Councilmember Mavity requested that staff make sure driveways are adequate to park a car in the driveway when sidewalks are installed. She also expressed thanks to City staff for their efforts on this project and for working with residents. Councilmember Santa called the question. The original motion to adopt the Citywide Sidewalk, Trail, and Bikeway System Plan as presented in Exhibits A2, B1, and C2 with the exception of amendments removing 40th City Council Meeting -15- June 17, 2013 Street and Westmoreland Lane passed 5-0. (Mayor Jacobs and Councilmember Spano absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Awarding Sale of 2013 Bonds (Refunding of 2007A & 2008A). Resolution No. 13-097 Mr. Swanson presented the staff report and introduced Mr. Mark Ruff from Ehlers. Mr. Ruff presented the sale report for $4,170,000 General Obligation Refunding Bonds, Series 2013A, and advised the City's AAA rating was affirmed by S&P. He stated that several metro communities have recently been downgraded and there are only twelve communities in the State with a "AAA" rating. He stated that eight bids were received with the low bid from Raymond James & Associates at 1.37%. He indicated the refunding will save the City over $200,000 and noted that interest rates were slightly more than anticipated and the issue was changed from $4,165,000 to $4,170,000. It was moved by Councilmember Ross, seconded by Councilmember Mavity, to adopt Resolution No. 13-097 Awarding the Sale of General Obligation Refunding Bonds, Series 2013A, in the Original Aggregate Principal Amount of$4,170,000; Fixing their Form and Specifications; Directing their Execution and Delivery; Providing for their Payment; Providing for the Escrowing and Investment of the Proceeds Thereof. and Providing for the Redemption of Bonds Refunded Thereby. The motion passed 5-0 (Mayor Jacobs and Councilmember Spano absent). 9. Communications Councilmember Santa stated that residents participated in the hazardous waste collection event held last weekend even though Hennepin County scheduled the event during the Parktacular celebration. 10. Adjournment The meeting adjourned at 11:22 p.m. ,;),Liz,i\._/ ).A.A.Div Nancy Strothi, City Clerk /Susan Sange , Mayor Pro Tern