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HomeMy WebLinkAbout2016/10/17 - ADMIN - Minutes - City Council - Regular11ISt. Louis Park OFFICIAL MINUTES M I N N E S O T A CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 17, 2016 1. Call to Order Mayor Spano called the meeting to order at 7:35 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno), Engineering Director, (Ms. Heiser), Chief Financial Officer (Mr. Simon), Community Development Director (Mr. Locke), Operations & Recreation Director (Ms. Walsh), Senior Engineering Project Manager (Mr. Shamla), Principal Planner (Ms. McMonigal), Transportation Engineer (Mr. Iverson), Assistant Zoning Administrator (Mr. Morrison), Public Works Services Manager (Mr. Merkley), Public Works Superintendent (Mr. Hanson), Finance Supervisor (Mr. Ebensteiner), and Recording Secretary (Ms. Pappas). Guests: Mr. Coyle, Kimley FIorn Consultants. Ia. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Recognition of Donations Mayor Spano recognized donations. Councilmember Brausen commented on the estate of Alice Trainor, who donated a gift to the city previously for $88,000, and has now donated an additional $2,400 for the Fire Department and for Lamplighter Park. He stated the city is very appreciative of this, and he is sure her family and friends in the neighborhood of Lamplighter Park are smiling and very appreciative of the great neighbor she was. Mayor Spano added Athletic Business has donated up to $2,000 for the Rec Center Manager to attend a convention in Orlando, FL. Also, the Society of Aborioculture donated up to $2,000 for the Natural Resources Coordinator to attend the International Conference in Champaign, IL. 3. Approval of Minutes 3a. City Council Special Study Session Minutes September 6, 2016 Councilmember Mavity noted a minor correction related to housing issues. It should read: ... we are trying to provide more options for young families and others to purchase town homes and condos... City Council Meeting -2- October 17, 2016 It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the Special Study Session Meeting Minutes of September 6, 2016, as revised above. The motion passed 7-0. 3b. City Council Minutes September 6, 2016 Councilmember Sanger noted in paragraph 31), it should read: Ottawa Avenue, not Auto Avenue. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve the City Council Meeting Minutes of'September 6, 2016, as revised above. The motion passed 7-0. 3c. City Council Special Study Session Minutes September 19, 2016 It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to approve the City Council Special Study Session Meeting Minutes of September 19, 2016 as presented The motion passed 7-0. 3d. City Council Minutes September 19, 2016 Councilmember Sanger noted on page 5, it should read: Mr. Jerry Engber stated there is no public propert3sidewalk adjacent to his house. It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to approve the City Council Meeting Minutes of September 19, 2016, as revised above. The motion passed 7-0. 4. Approval of Agenda and Items on Consent Calendar 4a. Authorize the City Manager to execute a Shared Services Agreement with the City of Golden Valley relating to the Central Park West redevelopment. 4b. Adopt Resolution No. 16-116 electing not to waive the statutory tort limits for liability insurance. 4c. Adopt Resolution No. 16-117 approving acceptance of a monetary donation from the International Society of Arboriculture in an amount not to exceed $2,000 for all related expenses for Jim Vaughan, Natural Resources Coordinator, to attend the 2016 International Society of Arboriculture Leadership Workshop in Champaign, Illinois. 4d. Adopt Resolution No. 16-118 approving acceptance of a monetary donation from Athletic Business in an amount not to exceed $2,000 for all related expenses for Jason Eisold, Ree Center Manager, to attend the Athletic Business Conference in Orlando, Florida. City Council Meeting -3- October 17, 2016 5. 4e. Adopt Resolution No. 16-119 authorizing the special assessment for the repair of the sewer service line at 2605 Xylon Avenue South, St. Louis Park, MN P.I.D. 07-117-21-42-0013. 4f. Accept for filing City Disbursement Claims for the period of August 27th through October 7, 2016, 4g. Adopt Resolution No. 16-120 approving acceptance of a monetary donation from the Estate of Alice Trainer in the amount of $1,200 for improvements to Lamplighter Park via the Operations and Recreation Department and $1,200 to the Fire Department for use at their discretion. 4h. Adopt Resolution No. 16-121 setting the 2017 Utility Rates. 4i. Adopt a Resolution No. 16-122 authorizing the execution of a grant agreement with Hennepin County for a Moving the Market grant to be used in the Walker/Lake Street area. 4j. Approve the HealthPartners contract for health insurance for 2017 and 2018. 4k. Adopt Resolution No. 16-123 accepting work and authorizing final payment in the amount of $7,590.43 for Project 4016-3000 Sanitary Sewer Lining with Michels Corporation, City Contract No. 42-16. 41. Award bid for Concrete Replacement— Project No. 4017-0003. 4m. Approve a Temporary On -Sale Intoxicating Liquor License for Minnesota Cycling Center at Aquila Park, 3110 Xylon Avenue So., for November 5, 2016. 4n. Adopt Resolution No. 16-124 to approve the application for an Environmental Response Fund (ERF) Grant from Hennepin County for the Carpenter Park Regional Stormwater Improvement. 4o. Adopt Resolution No. 16-125 authorizing the special assessment for the repair of the water service line at 2901 Vernon Avenue South, St. Louis Park, MN P.I.D. 31-029-24-33-0010. 4p. Adopt Resolution No. 16-126 approving the Assignment and Subordination Agreement with ACSLP, LLC (TPI Hospitality) and Johnson Bank relative to the Amended and Restated Contract for Private Redevelopment with Central Park West, LLC. 4q. Adopt Resolution No. 16-127 authorizing the preparation of a feasibility report for the Gorham Parking Lot Reconstruction Project. 4r. Adopt Resolution No. 16-128 calling a public hearing regarding the issuance of revenue bonds for the benefit of Sholom Community Alliance, LLC. 4s. Approve for filing Planning Commission Minutes of August 17, 2016. 4t. Approve for filing Parks & Rec Advisory Commission Minutes of April 20, 2016. It teas moved by Councilmember Brausen, seconded by Councilmember Halton, to approve the Agenda as presented and items listed on the Consent Calendar; and to ivaive reading of all resolutions and ordinances. The motion passed 7-0. Boards and Commissions — None 6. Public Hearings 6a. Hennepin Distilling, LLC dba Copperwing Distillery - On -Sale Cocktail Room and Off -Sale Mierodistillery Liquor Licenses City Council Meeting -4- October 17, 2016 Ms. Kennedy presented the staff report regarding an application from Hennepin Distilling, LLC, dba Copperwing Distillery, for an on -sale cocktail room and off -sale microdistillery liquor license for the property at 6409 Cambridge Street. Hennepin Distilling is licensed by the State of Minnesota to produce less than 40,000 proof gallons of alcohol per year. The cocktail room will be 600 square feet in size with seating for 40 guests. Additionally, the applicant plans to open for business in December of 2016. It was noted the city code does not allow a restaurant at a cocktail room, and a microdistillery may be issued a license for the off -sale of distilled spirits. On sale of spirits is not allowed on Sundays as they can only be sold in conjunction with the sale of food. State law currently prohibits off -sale on Sundays. Ms. Kennedy noted the police department conducted a full background investigation, and nothing was discovered during the course of the investigation that would warrant denial of the license. The application and police report are on file in the city clerk's office. Mayor Spann opened the public hearing. A property owner in the area stated he is supportive of the project. He stated it seems the city is departing from the industrial area in allowing this project, and he would like to understand the city's vision for this area, as he is confused. Councilmember Mavity stated the plan will be to have a light rail station at Louisiana Avenue that will be available to folks in this industrial area of the city. She noted this will feed Methodist Hospital and other businesses in the area, and this is part of the long- range plan here. Councilmember Mavity added there will be more robust vision and development in this area after the station is added, along with fiber and improvements for pedestrians with walkways. Mayor Spano closed the public hearing. Councilmember Mavity added she is very excited about this project and together with the Warehouse Winery in this area, this will be a forward -thinking place that folks will want to have access to. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the application from Hennepin Distilling, LLC, dba Copperwing Distillery, for On -Sale Cocktail Room and Off -Sale Microdistillery Liquor Licenses for the premises located at 6409 Cambridge Street, with a license term through March 1, 2017. The motion passed 7-0. 6b. MSA Rehabilitation Project - Texas Avenue - Project No. 4017-1101. Resolution No. 16-129 Mr. Shamla gave an update on the project. He noted that in 2017, Texas Avenue between Highway 7 and Minnetonka Boulevard is proposed to be reconstructed. The street is an important north/south route in the city and is designated as a Municipal State Aid (MSA) road, which makes it eligible for state funding (gas tax dollars). In order to qualify for funding, the road needs to be constructed to state aid standards. Given work load City Council Meeting -5- October 17, 2016 demands, the city engaged the consulting firm Kimley Horn to complete the study and design of Texas Avenue. Mr. Shamla explained that additionally, CenterPoint Energy (CPE) will be replacing their 24 -inch high-pressure gas main on this segment of Texas Avenue in 2017. After reviewing the condition of the road, staff recommends the city pursue a reconstruction project on Texas Avenue. Coordinating the project with the CPE project will result in cost savings, as well as reduce inconvenience to the property owners and the traveling public. Mr. Shamla explained the scope of the project, which includes street reconstruction; bike lanes; sidewalk reconstruction; streetlight replacement; signal replacement (33`d Street and 36`1' Street); and miscellaneous utility rehabilitation. Mr. Shamla stated there have been two open houses with neighbors to date, and comments and concerns from the public have been received. Feedback from residents on the proposed design included comments on parking, traffic and bike lanes. Residents have indicated that on -street parking is important to them. Additionally, residents have said they are concerned about speed of traffic on the corridor. Residents have also stated they are concerned about the inclusion of bike lanes in the project scope. Mr. Shamla noted the traffic study showed there were approximately 8,200 vehicles per day on Texas Avenue. This is comparable to Tracy Avenue in Edina, Cleveland Avenue in St. Paul, and Minnehaha Avenue in Minneapolis. Bike traffic on Texas Avenue is approximately 20-50 bikes per day. Councilmember Hallfrn asked about the traffic counts conducted and how the counts were determined. Mr. Shamla stated the count was conducted on June 23 at each intersection and the numbers were averaged. Councilmember Lindberg asked staff how this data was tabulated. Mr. Shamla stated they used a video collection method recorded over a 24-hour period and a counting process, which captured car, bike, and pedestrian activity. He added that the data was categorized, and the numbers can be validated at any time. Councilmember Brausen asked about Concept 2 related to use of the public right-of-way, and expanding the road from 42 to 46 feet. Mr. Shamla stated that at 36`h Street there would be a bus turning area, and public right-of-way may need to be acquired for this. Mr. Iverson stated the Texas Avenue corridor project was reviewed in 2007, and through the visioning process and the Comprehensive Plan at that time, the community wanted this type of project implemented. Councilmember Sanger commented on safety issues, noting she had received a number of emails from residents concerned about safety if this plan moves forward. She asked for comments on this from staff and if adding buffers helps with safety. Mr. Coyle stated that crash data has been reviewed, and the bump outs will lead to slower traffic. This, along with additional design improvements, will improve pedestrian and bike safety. Councilmember Lindberg asked about the impact to residents if curbs would be brought closer to resident's doors. Mayor Spano opened the public hearing. City Council Meeting -6- October 17, 2016 Marc Berg, 2913 Webster Ave. S., stated he is very enthusiastic about biking and wants to make the most of it with this project. He stated he is the former chair of the city's Human Rights Commission and also the administrator of the Pacebook group Bike and Walk in the Park. He added that he had sent a letter to the council urging them to adopt Concept 2, as it is the best compromise for pedestrians and bikes, noting this is simply paint - not a new bikeway. Mr. Berg stated he was involved in the visioning process for the project, noting there was universal support about the community being more connected. However, he added that when bike lanes are proposed, there tends to be vocal opposition. He pointed out that residents may want to bike from Oak Lawn to Erik's or to the West End. He asked the council not to only listen to concerns from the residents on Texas and thereby give a small group veto power over a project for the whole city. Mi% Berg added he had heard many objections about safety issues related to backing out of driveways when bikers are present and stated that as a cyclist he watches for cars backing out of driveways, so he is not sure why there is a concern of danger. Mr. Berg stated he would like to see unanimous agreement for Concept 2 and in the future would like to have more intelligent conversations about biking. He added there is a need to change the dynamic on this topic and stated support to apply to be a bike -friendly city. Dave Carlson, 7706 West 23rd St., stated he was involved in the visioning process, also. He saw challenges with traveling north and south, noting there is only Texas Avenue, Virginia Avenue, and Louisiana Avenue that are north/south streets. He added it was evident early on that Texas and Virginia are the best routes for bikes and pedestrians. Additionally, he noted there is an increase in bicyclists in the city, connecting the Middle School, the nature center, Highway 394 and other areas. He urged the council to support Concept 2, which addresses parking and doesn't seem to impinge on residents. Sarah Maaske, 5911 Oxford St. #9, stated she supports this plan but leaves the decision to the council on which plan is chosen. She stated there are more people biking and more will continue to bike, adding we must connect St. Louis Park. She stated this will be a community -wide asset, and we need to be sure there is equity in all forms of transportation. She urged the council to approve bike lanes on Texas Avenue. George Hagemann, 8242 Westwood Hills Curve, stated he wants to support this proposal. He has no safety and speed concerns, as this project will actually improve safety. He noted he is not concerned about drivers backing out as bike lanes provide a buffer between the driveways and the traffic, noting this will allow drivers to see bikers more easily. Mr. Hagemann added if this is not approved, the project will not be revisited in our lifetime. He stressed to not move the project to Rhode Island Avenue, as there is no good access to Highway 7. Mr. Hagemann stated this is a viable concept, and he knows staff will do great job on it. Andrew Willitte, 2541 Rhode Island Ave., stated he supports Concept 2 and added that having bike lanes is moving the city in the right direction. Steve Hahn, 3036 Texas Ave., stated he has been a resident of Texas Avenue for 55 years and is in favor of doing the construction, the lighting, and the boulevards; however, he is absolutely against bike lanes and is concerned about putting a bike lane on a street that has 9,000 cars per day. He suggested the bike path move to Rhode Island Avenue. Mr. City Council Meeting -7- October 17, 2016 Hahn added that the majority of residents on Texas Avenue do not want bikes there. He added if one person were to be killed or injured, none of the studies will matter, as the margin of error for this bike path is too close. He noted texting, drinking, and distracted driving will be a cause for concern. Additionally, the city would be taking two feet of resident's property, and with the recently installed retaining walls, receiving nothing in return is unacceptable. Mr. Hahn stated it is too much to ask of residents. He added that most of the bikers who support this plan do not live on Texas Avenue, nor do they live in St. Louis Park, and many who support this plan will not be biking there over the long term. He urged the council to look for another street for the bike lane. Bill Glad, 3349 Texas Ave., stated he is not in favor of bike lanes on Texas Avenue. IIe stated with the right-of-way acquisition, some houses will lose mature trees and retaining walls. He noted it will take years for new trees to grow, and he doesn't like the proposed idea at all. Tom Racette, 3341 Texas Ave. S., stated he dropped off the original petition to the city and also sent a letter to council members regarding neighbors' concerns. He found tonight interesting and also the fact that Mr. Harmening said the city wants to do what is right. Mr. Racette stated he has not heard anyone say they want to do what is safe, and he is concerned about hearing one thing and a different thing being done. He believes shrinking traffic lanes to 11 feet creates an accident waiting to happen, noting bike accidents and fatalities are going up. He asked how the council will react if a person is hurt or killed on Texas Avenue. He also is concerned that the consultant only did one day of bike traffic study, and he thinks it needs to be multiple days. Mr. Racette urged the council to reject Concept 2 and to start over on this project. Nicholas Slade, 2316 Westridge Lane, stated he is a regular bike commuter and recently returned from Washington, D.C., where he had spent 5 -months bike commuting. IIe stated that bike lanes increase safety, and he witnessed that in DC. He added that the extra five feet of bike lane allows "breather" space for the biker so as not to ride close to parked cars. With this added caution, there is no worry to bikers about opening parked car doors. Mr. Slade stated if bikers have their own lane, this will help with the safety issue. He added that walking and biking are good for folks to get out and move around. This is an important part of the city's future economic development. He encouraged the council to support this project. Rachel Callahan, 2315 Westridge Ln., stated she grew up in St. Louis Park and carne back to raise her kids here. She has a long-standing commitment to the city, and one of the things that makes her want to stay is Connect the Park. She added that biking and walking can help ward off fatalities from heart attack and stroke. She noted her son is 20 years old and puts a lot of miles on his bike. He wants to live in an area where he doesn't have to have a car. Ms. Callahan stated she would love to keep him in St. Louis Park. She urged the council to support this and the bigger vision of the city as the council is in a position to implement this vision, which will continue to bring in young people. Catherine Perkins, 3046 Texas Ave., stated she would gladly offer her house to the bicyclists. She has lived on Texas since 1995 and is not in favor of bike lanes. She stated her garage is below the house, and she backs into her driveway. She stated that living on Texas Avenue is difficult, noting she sits in her driveway for several minutes to try and drive out. She added that speeding on Texas Avenue is a problem, which is the city's City Council Meeting -8- October 17, 2016 responsibility. She stated she has concerns about the end of her driveway, right at the bike lane. If there are bike lanes, when winter comes, she wonders how she will blow the snow out of her driveway. Ms. Perkins is also concerned about moving sidewalks closer to her home, adding that traffic on Texas Avenue is horrendous, and pictures sway on her walls in her home because of it. She stated there are emergency runs from police and fire on Texas and lots of other issues, noting she would be devastated if she were to hit a biker. Ms. Perkins pointed out that bikers do not always follow the traffic rules. They run traffic stops and lights. She suggested the council move bike lanes to Rhode Island Avenue or elsewhere. Brian Shekleton, 2657 Toledo Ave. S., noted for the last five years he has worked for Hennepin County and with restriping streets. He stated no one wants to hit a biker. He added that 60% of bikers are casual riders - working class people who don't wear helmets or lights while biking. He stated that Texas Avenue connects two major areas, and it is not safe for bikers. He disagreed that Texas Avenue is comparable with Minnehaha Avenue in Minneapolis, stating there the bikers are not riding on bike lanes in the street. Ryan Griffin, 4980 West 40'h St., stated he fully supports either option as long as the routes can be safer. He noted that data shows people are most likely to get hit in intersections, and each plan addresses that, adding that he cares about both sides of this issue. However, he noted that future generations don't want to own cars, and the city needs to be designing for 50 years into the future. He stated that Concept 1 is more progressive, but reduces impervious surface and makes the boulevards bigger. He believes the city is subsidizing parking more than what is necessary, which leads to taxes that residents don't need. Mr. Griffin thanked city staff and the council for bringing forward two options that will move St. Louis Park forward, noting that either option will be acceptable and help build a legacy. Daryll Mackereth, 3324 Sumter Ave. S., stated he is empathetic with the issue of bike lanes and has lived on Sumter Avenue for 27 years, only one block off the section of Texas Avenue under discussion. He stated he has never had a bike accident on Texas Avenue because he never took his family on a bike trip there. He noted that with 8,000 cars on Texas Avenue, a painted line is not protective of bikers with small children or bike trailers, and there are other north/south streets that can be used for biking purposes. He added the risk factor here is very large, and this project needs more evaluation. Mary Kay Racette, 3341 Texas Ave., stated she used to bike and noted that St. Louis Park needs bike lanes, but the council needs to look at alternatives and find safer roads for this project. Katie Lucy, 3321 Texas Ave., stated she is not in favor of this project, and her neighbor's nine-year-old daughter even realizes that bikes lanes on Texas Avenue would be dangerous. She stated she would never think of taking her son biking there and is not in support of this or of land acquisition. Ms. Lucy added what has really shaken her to her core with Concepts 1 and 2 is the thought of a bus stop in her front yard. She does not want a bus stop in her font yard or people sitting on her steps waiting for the bus, adding that there is a large amount of garbage on Texas Avenue already, and residents deserve better. Steve Skewes, 3105 Texas Ave., stated his father bought their home on Texas Avenue in 1962, but this is the first time anyone in his family has ever come to the city council to City Council Meeting -9- October 17, 2016 say they disagree with a project. He asked where the data is that supports doing this project, noting people walk or jog on Texas Avenue but do not bike there. He stated his experience is that people bike on Minnetonka Boulevard. Mr. Skewes disagreed with the Mayor's idea of "build it and they will come," adding he wants to see hard data to support this project. Mr. Skewes stated on average there are 23 bikers on Texas Avenue each day in the summer, but noted there are four seasons in Minnesota, and people are not biking in the winter. He thought the traffic study was not valid if it was only done on one day in the summer, and it needs to be conducted multiple days and various times. Mr. Skewes said this is an incredible amount of money to spend for such a small number of bicyclists, and the council should look at other streets for the bike lanes. He added MnDOT has a program to help set up a traffic study. He stated he counted 120 households on Texas Avenue that this project will affect, and he would prefer better data. David Yates, 2001 Virginia Ave., stated he is an avid biker and would love to bike to work. He agreed with the vision and stated that he lives near the northern part of Texas Avenue. Mr. Yates noted he is concerned with overall safety and is still undecided on the project at this point. Mayor Spano stated Mr. Yates can contact city staff for more information on the details of the project. Lydia Buster, 3373 Texas Ave., stated she is also an avid biker and has lived in St. Louis Park for three years. However, she will not bike on Texas Avenue. She will walk her bike there and access the rest of the biking network offered in St. Louis Park. She stated this concept is not the right answer and that she personally would not feel safe biking on Texas Avenue. She added it seems the statistics don't always reflect reality and urged the council to consider this as well. Jodi Dezale, 3308 Texas Ave., stated that when she bikes, she is always trying not to bike on Texas Avenue. She added she did observe Cleveland Avenue in St. Paul, but there are not nearly as many driveways there. She believes Texas Avenue has too much traffic, and it is a concern getting out of her driveway. Justin Swenson, 3357 Texas Ave., noted he loved to bike in the past. However, after having his three children, two of which are autistic, he has major concerns about living on Texas Avenue. He stated he wants to push for serious thought for safety and speed on Texas Avenue. Mr. Swenson stated the issue is speed, and with police and fire and speeding cats on Texas Avenue, he would not support adding bikes lanes. He encouraged the council to look at bump outs and also to take video footage too see how many bikers go through stop signs. Margaret Rog, 2817 Zarthan Ave. S., stated that bike lanes are the future and if the street is not safe, the city should make it safe. She encouraged the council to enforce bikers to use helmets and lights and to make this a campaign. Tony Shedlan, 3020 Texas Ave. S., stated he has lived in St. Louis Park since 1975 and moved here because of the schools. He stated that he travels down 701h Street in Edina on his way to Southdale quite often and only one time has he seen a biker there. He added that the speed limit is 25 miles per hour on 701h Street, which helps in that area. Mr. Shedlan stated that biking is the wave of the future; however, he doesn't see traffic laws City Council Meeting -10- October 17, 2016 being enforced for bikers. He is in favor of licensing bikers for riding in the streets, but stated they have to take responsibility, also, just as drivers take responsibility. He noted that he likes Concept 2. Carol Solberg, 3326 Texas Ave. S., stated she is not in favor of bike lanes for various reasons. She stated she does approve of Concept Plan 2 and does not like that there will not be parking on full lengths of the street. She stated she and her husband want to stay in their home for as long as possible, and they have elderly folks coming to visit them quite often. Ms. Solberg stated she would opt for parking on both sides of the street and boulevard, making the sidewalk wider, and adding a dedicated bike lane on the sidewalk. She didn't see any reason to have a five-foot boulevard as trees and grass die with all the salt used during the winter. Steve Nelson, 3415 Texas Ave., stated he is not in favor of Concept 2 and would agree more with putting the bike lanes on the sidewalk. He added that residents maintain the boulevard, even though it is city property. To him, the plan still seems very intrusive. Lynne Broski, 2741 Westridge Ave. S., stated she is not a huge biking advocate, but does bike and enjoys it. However, she will not give up her car. She added it is important to increase the visibility of bikers, especially with many children in the neighborhood riding on weekends. Dimitrios Atsidakos, 3409 Texas Ave., stated he thinks bike lanes are a good idea, but the council needs to think whether Texas Avenue is the best place for them. He stated he bikes on Sumter. He also doesn't want to lose five feet of his front yard. He asked the council to look at this and see what homes and trees are impacted, adding just because it is legal, it doesn't make it right. Mr. Atsidakos stated it is difficult to keep the grass salt free, with all the salt during winter. He is very appreciative of the city cleaning the sidewalk. Steve Hahn, 3036 Texas Ave., spoke again stating he is in favor of biking, but in other areas. He noted there are bike trails, the lakes, and other areas for biking. He added that the study conducted on June 23 was in the middle of summer, and 20 bikes were noted that day; however, there are six months of the year during which people don't bike. Mr. Hahn asked the council why they would take all this property for 25 bikers. Mayor Spano closed the public hearing. Councilmember Lindberg thanked the residents for coming and noted this has been a robust process. He stated that this is the most emails he has received from residents since he has been on the council. He said that he will not support the staff recommendation tonight as he must weigh in that Ward 3 residents have been clear that this is not a viable option. Councilmernber Lindberg added that his decision is about timing and asked his colleagues to consider this and make sure this is the right project at the right time for the right reasons. Councilmember Brausen stated he appreciated the passion of residents on this issue and thanked them all for being there. He noted there was a similar discussion in his ward, and he will be supporting either of the two options. He knows that not everyone will be happy with the decision, stating he lives just off Texas Avenue and Cedar Lake Road. He has City Council Meeting -11- October 17, 2016 heard it is safer biking since the changes were made in that area. He added that after a short adjustment period, he has not heard any further issues in the area, and the biking community also appreciates the safer route. Councilmember Brausen stated that when it comes to the right-of-way, he views its purpose first and foremost to provide for the safe movement of people walking, biking, and driving.. He agrees with this project - with the 25 -50 -year impact and the need to make decisions for the majority. Councilmember Brausen added that while there will be some disruption to the status quo, it is important to make the city multi -modal. He added the studies are consistent. People do slow down with bikes lanes on the street, and he will support this. Councilmember Hallfrn stated this has been an interesting discussion. He was keeping tally of who lives on Texas Avenue and who does not, and of who supports the project and who does not. He stated that this decision weighs heavily on him and his colleagues. He noted when the council makes a decision, half will be happy and half will not, adding there has been a lot of communication from people both for and against this project. He stated the city does need a north/south bike route, but he does not think Texas Avenue is the place to do it. So he would propose an alternative — that being Rhode Island Avenue. Councilmember Hallfin stated this would be a safe option, and it hits the trail on 2g1h Street, but the issue would be on the south side getting across Highway 7. However, he added that city staff can figure this out. He stated he empathizes with residents on Texas Avenue and noted there needs to be a different alternative. He thanked the residents for presenting their opinions and stated he and the councilmembers take this issue seriously. Councilmember Sanger thanked everyone for coming and speaking on this issue, adding she is very supportive of the city's plan. She stated the city needs to improve bike lanes so people can bike safely, and it is important to have bikes lanes included on Texas Avenue. She noted that by narrowing the roadway, cars will slow down, and striping will cue the drivers of vehicles to pay attention. She added that bikers will not weave all over the road but be confined to a space. Councilmember Sanger stated she will support Concept 2 in that there will be parking on both sides. She added that those backing their cars out should be looking to see if bikers are coming, and now there will be a specific striped area that will make it easier for those folks. She stated that Rhode Island Avenue is not workable. For anyone coming from north of Minnetonka Boulevard, the only safe spot to cross is at the light, so folks would still have to go to Texas Avenue to cross. She added it is not practical to move to another street, and with the work that CenterPoint will be doing, the city is under deadlines to move forward. So she will support Concept 2 tonight. Councilmember Miller thanked everyone for attending and stated that the trend for the city is to be multi -modal. He added that when he was campaigning last year, he had stated that sidewalks are for neighborhoods and bike lanes are for the entire community. He added a few weeks ago, he looked into the Rhode Island Avenue plans. However, he noted that at the previous two meetings he did not hear from the biking community. Tonight, he heard from both sides and noted he will support Concept 2. Councilmember Mavity stated how much she loves the community, and appreciates that residents can have a civil discussion on this issue. She thanked everyone for setting that tone and added that no matter what the council decides tonight, half will not be happy. City Council Meeting -12- October 17, 2016 She added she is in support of Concept Plan 2, adding the city is building a system. In order to do that, there is a need to have all components. Councilmember Mavity stated she agreed with most of what Councilmember Miller said, adding that the sidewalk in front of her house is also not just for her, but for everyone else in the community. The same holds true for bike lanes, which are for the whole community. She added in Ward 2, staff has been extraordinarily responsive to work to accommodate the particular concerns of residents in the area, and staff will work closely to mitigate the issues. She added that in Minneapolis, bikers are required to wear lights after dark, and we should consider that here, also, as we move forward. She added also that with regard to bus stops, she wants to make sure the city is accommodating bus riders and that benches or shelters are added. She added how she bikes to and from work and how much she appreciates bike lanes, as they make bike riding so much safer. She added she is very much in support of this project. Mayor Spano stated he too is very supportive of this plan and acknowledged the many emails he had received from residents and the many emails he replied to. He stated he spent several hours looking at the road, during rush hour today to get a sense of the street. The city is building a system. He added he did hear clearly that taking away the right-of- way is a concern, and while he does understand where Councilmember Hallfrn is coming from, he feels pushing the bike lane to Rhode Island will only move concerns to a new street. He stated the design and the traffic calming measures in Concept 2 will help with safety issues and will remind folks who are familiar with this neighborhood to be mindful. He stated he will support Concept 2 tonight. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt Resolution No. 16-129, accepting the project report, establishing improvement project No. 4017-1101 for the MSA Rehabilitation Project — Texas Avenue, approving preliminary layout Concept 2 and ordering the development offinal plans. The motion passed 5-2 (Councilmembers Lindberg and Hallfrn opposed) Councilmember Lindberg stated now that this is passed, he does want to be sure the city does the project right. He asked staff what the next steps are so that Ward 3 residents will be aware. Mr. Shan -Aa stated the project will move forward, and staff will come out to meet again with residents and conduct another open house as soon as the design rolls out. After that the project will come before council again, and there will be bids for contractors. He added if there are any issues to please let staff know. Councilmember Lindberg added, for those watching from home, please contact him if needed. Councilmember Brausen stated he wanted to reiterate what Councilmember Mavity had said - that he respects the residents who came forward tonight, and that it is a remarkable and positive reflection on how great a community this is. 6c. Consolidated Public Hearing (1) 2017 Budget & Property Owner Service Charges for Special Service District No. 1 and Extension of Special Service District through 2026. Resolution No. 16-130 City Council Meeting -13- October 17, 2016 (2) 2017 Budget & Property Owner Service Charges for Special Service District No. 2. Resolution No. 16-131 (3) 2017 Budget & Property Owner Service Charges for Special Service District No. 3. Resolution No. 16-132 (4) 2017 Budget & Property Owner Service Charges for Special Service District No. 4. Resolution No. 16-133 (5) 2017 Budget & Property Owner Service Charges for Special Service District No. 5. Resolution No. 16-134 (6) 2017 Budget & Property Owner Service Charges for Special Service District No. 6. Resolution No. 16-135 Mr. Merkley explained that the 2017 proposed budgets and service charges are similar to that of past years. Staff has received the required number of signed petitions from property owners supporting the extension of the district through 2026. Staff also has held meetings with property owners from each of the six districts and received their support for approving the 2017 budgets and service charges. Mr. Merkley noted that the areas within each district and the proposed service charge for 2017 is $23,066. Councilrnember Mavity stated that in District 4 at Xenwood it seems there is one property that is not included and asked why. Mr. Merkley stated the property is included; however, the graphic showing the districts needs to be updated. Mayor Spano opened the public hearing for Special Service District Nos. I through 6. Alberto stated he is the property owner of the gas station at France and Excelsior. He does not understand how the Ellipse pays only $3,800 for the district fees and he pays $2,500 for his much smaller business. He stated this makes no sense, and he believes the fees are pushing people out of business. He stated he owns eight properties in the special service district, and the costs are malting it impossible for him to make money. He feels every property should be treated the same, and while he wants the boulevard to look nice, he wonders how the council makes this decision. Mr. Merkley explained the decision is made by the amount of footage and density of the businesses, as well as planters and banners. The more amenities in the area, the more the charges. Mr. Harmening added that state law does not allow the city to apply a charge against each apartment unit at the Ellipse. In this case, the city worked with the property owners many years ago to come up with the fairest formula in order to apply the charges. Property owners decided on the formula, and in two years it will come up again for reauthorization. Until that time, it will remain as is until it expires. At that time, it can be brought forward again for discussion and changes. Mayor Spano closed the public hearing for Special Service District Nos. 1 through 6. Councilmember Mavity stated she appreciated the comments and didn't realize the history in setting up the formula. She stated this process is good for the city and provides an overall aesthetic and welcoming look. She added she is glad that property owners are participating in this process. City Council Meeting -14- October 17, 2016 Councilmember Ilallfin asked how change would be made in this process and what would happen if the special service districts were eliminated. Mr. Merkley that stated letters and petitions would be sent to property owners. He noted that he understands the situation, but no one except for the property owner who addressed the council has been negative about the formulas. Mr. Merldey added he has spoken with this particular property owner regarding his concerns in the past, and when the district is up for reauthorization, this can be reviewed with all of the property owners in the districts. Mr. Harmening added the special districts were created in agreements between the property owners and the city and have been a great tool for the city to make ongoing improvements. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt Resolution No. 16-130 setting the 2017 Budget & Property Owner Service Charge and approve 10 -year extension for Special Service District No. I and directing staff'to certify the annual service charges to Hennepin County; adopt Resolution No. 16- 131 setting the 2017 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County; adopt Resolution No. 16-132 setting the 2017 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County; adopt Resolution No. 16-133 setting the 2017 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County; adopt Resolution No. 16-134 setting the 2017 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County; and, adopt Resolution No. 16-135 setting the 2017 Budget and Property Owner Service Charge for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. The motion passed 7-0. 6d. Consider First Reading of 2017 Fee Ordinance Mr. Ebensteiner noted that each year fees are reviewed by departments prior to renewal and as part of the budget process. Some fees must be set and adjusted in accordance with the ordinance, and other fees are allowed to be set administratively. At the October 10, 2016, Study Session, council received a written report that included all proposed citywide fees for 2017. No objections were raised by council at that time. Councilmember Brausen stated the fee schedule, as it is today, does not uniformly increase across the board. It is set as fee for service and is not a revenue raising mechanism on the part of the city. Mayor Spann opened the public hearing. No speakers were present. Mayor Spann closed the public hearing. It was moved by Councilbnember Brausen, seconded by Councilmember Hallfin, to approve First Reading of an Ordinance Adopting Fees for 2017 and set the Second Reading of Ordinance for November 7, 2016. City Council Meeting -15- October 17, 2016 The motion passed 7-0. 6e. Assessment of Delinquent Charges. Resolution No. 16-136 Mr. Ebensteiner reviewed the report, and noted the city certifies delinquent charges to Hennepin County as a means to collect on these accounts. The certification is done via the special assessment process and becomes a lien on the individual properties that is due over the next year or several years, depending upon the type of charge. Mr. Ebensteiner noted the due date is October 28 for assessment of delinquent charges. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Mayor Spann, stated the amounts of fees have gone up, and the trend line appears to be going up. Councilmember Lindberg stated it struck him that delinquent accounts are going up even though the city has made changes. He asked why this is occurring. If this is a conversation that needs to happen, at what point should they change these charges to a monthly payment basis. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 16-136 to access delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Consultant Contract for Vision Process Ms. McMonigal presented the staff report. She noted that Rebecca Ryan, the vision consultant, presented at last week's study session. Councilmember Mavity stated she is very excited about the consultant and the process. There will be many issues brought forth, and this process will provide folks the opportunity to be heard. She added that she is excited about what is to come, and asked staff about the timeline and completing the process in June rather than in May. There are many larger community activities in June, when feedback can be gathered. Ms. McMonigal stated staff is discussing this and trying to keep on the timeline of the Comprehensive Plan process as well, but noted the time can be adjusted and the engagement process can continue past the consultant's formal work. Councilmember Lindberg added he is excited for the community to meet the consultant and have an opportunity to engage a diverse audience. He noted he is happy with where the process is going and thanked staff for their work. City Council Meeting -16- October 17, 2016 Councilmember Brausen echoed these sentiments and encouraged community members to engage in the process and come forward. Mayor Spano added the city will ask the community for feedback, and tonight was a perfect example of this with the Texas Avenue project. He noted that this next 10 -year vision process will set the table for all of us to develop our Comprehensive Plan and the direction the city wants to take in the future. He added if ever there was a time for community engagement, this is it. It was moved by Councilmember Brausen, seconded by Councilmember Sanger, to approve the contract with Rebecca Ryan of NEXT Generation Consulting, Inc. for services related to the City's upcoming community visioning process. The motion passed 7-0. 8b. Conditional Use Permit/Variance — Communication Tower, City of St. Louis Park Resolution No. 16-137, Resolution No. 16-138 Mr. Morrison presented the staff report requesting a CUP to allow a communication tower that is 70 feet high, and a variance to allow the communication tower to be 106 feet from the property line instead of the required 140 -foot minimum setback. There was a neighborhood meeting conducted on September 6, 2016. The Planning Commission conducted a public hearing on October 5, 2016. A letter was received from a neighbor at 2317 Westridge Lane in opposition of the application. After considering the application and the letter, the Planning Commission recommended approval. Councilmember Sanger stated this is a two-inch wide antenna which adds 10 feet on top of an existing antenna, it will not be lit or disruptive and will serve the purpose for new water meters. She added she supports this. It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to adopt Resolution No. 16-137 approving the Conditional Use Permit for a 70 foot tall communication tower, with conditions as recommended by staff and to adopt Resolution No. 16-138 approving a 34 -foot variance to the required 140 foot setback for the communication tower with conditions as recommended by staff The motion passed 7-0 8c. 1st Reading of Zoning Ordinance Amendment Related to Fences Mr. Morrison presented the staff report regarding the first reading of a zoning ordinance amendment related to fences. Councilmember Lindberg stated he is happy to see this move forward. It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to approve the First Reading of'an Ordinance amending Chapter 36 of'the St. Louis Park Code of Ordinances relating to zoning, and set the Second Reading of Ordinance for November 7, 2016 The motion passed 7-0 City Council Meeting -17- October 17, 2016 9. Communications Mr. Harmening noted the Made in MN solar program and final agreements related to install will be discussed at the Oct. 24, 2016 Study Session. It was noted that 65-70 residents recently cleaned up the Westwood Nature Center. 10. Adjournment The meeting adjourned at 11:10 p.m. Melis a Kennedy, City Clerk