HomeMy WebLinkAbout2012/11/05 - ADMIN - Minutes - City Council - Regular J1/ St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
NOVEMBER 5, 2012
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan
Sanger, and Jake Spano.
Councilmembers absent: Sue Santa.
Staff present: City Manager(Mr. Harmening), City Attorney(Mr. Scott), Director of Inspections
(Mr. Hoffman), Inspection Services Manager (Ms. Boettcher), Director of Public Works (Mr.
Rardin), City Engineer (Mr. Brink), Planning/Zoning Supervisor (Ms. McMonigal), Assistant
Zoning Administrator (Mr. Morrison), Communications Coordinator (Mr. Zwilling),
Administrative Services Intern (Mr. French), and Recording Secretary(Ms. Hughes).
Guest: April Crockett(Mn/DOT Project Manager, West Area Engineer).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations - None
3. Approval of Minutes
3a. Study Session Minutes September 24, 2012
The minutes were approved as presented.
3b. City Council Meeting Minutes October 1, 2012
The minutes were approved as presented.
3c. Study Session Meeting Minutes October 8, 2012
Councilmember Hallfin requested that the second sentence of the tenth paragraph on page
3 be revised to state "It was also the consensus of the City Council to not allow in multi-
family and to add if setback of 25 or 20 fee feet could not be met that a fence or flyway
zone be required."
Councilmember Sanger requested that the eighth paragraph on page 7 be revised to state
"Councilmember Sanger indicated there is another Mn/DOT parcel in Cedarhurst on the
east side of Highway 100 and asked if Council should discuss this again to see if
Mn/DOT is willing to give up that parcel for a four or five single family homes "
The minutes were approved as amended.
City Council Meeting -2- November 5, 2012
3d. Special Study Session Meeting Minutes October 15, 2012
The minutes were approved as presented.
3e. City Council Meeting Minutes October 15, 2012
The minutes were approved as presented.
3f. Study Session Meeting Minutes October 22, 2012
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
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. 12-154 authonzing award of the 2013 St. Louis Park Arts
and Culture Grants.
4b. Adopt Resolution No. 12-155 approving acceptance of a monetary donation from
Jerry Herzog in the amount of$50 for Westwood Hills Nature Center.
4c. Adopt Resolution No. 12-156 accepting a donation from the Duck Soup Softball
Tournament in the amount of$2,000 to be available for individuals who qualify
for financial assistance through the Parks and Recreation Department.
4d. Adopt Resolution No. 12-157 accepting a donation from the Minnesota Cycling
Team in the amount of $1,500 to be available for individuals who qualify for
financial assistance through the Parks and Recreation Department.
4e. Amend the Professional Services Agreement with Campbell Knutson to increase
the rates paid for attorney and law clerk/paralegal services.
4f. Adopt Resolution No. 12-158 establishing 2013 Employer Benefits Contnbution.
4g. Adopt Resolution No. 12-159 authorizing final payment in the amount of
$1,426.95 and accepting work for Fire Station No. 2 Work Scope 22 (Fire
Suppression) with Brothers Fire Protection, Inc. Project No. 2008-3002, City
Contract No. 38-11.
4h. Adopt Resolution No. 12-160 authonzing final payment in the amount of
$22,724.18 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 08
(Roofing and Metal Panels) with Tecta America Stock Roofing, LLC Project Nos.
2008-3001 and 2008-3002, City Contract No. 57-11.
4i. Table Second Reading of the Xcel and CenterPoint Energy Franchise Ordinances.
4j. Approve Second Reading and Adopt Ordinance No. 2423-12 imposing a
franchise fee on CenterPoint Energy Resources Corp. and authorize publication in
full.
4k. Approve Second Reading and Adopt Ordinance No. 2424-12 imposing a
franchise fee on Northern States Power Company and authorize publication in
full.
41. Approve right of way purchase in the total amount of$301,000 for Parcel 4 (6010
Highway 7 — Restaurant Brokers Property), and authorize the City Attorney to
execute stipulation of settlement for Filing Vendor Claims.
City Council Meeting -3- November 5, 2012
4m. Adopt Resolution No. 12-161 authorizing the special assessment for the repair of
the sewer service line at 3809 Kipling Avenue South, St. Louis Park, MN - P.I.D.
07-028-24-12-0021.
4n. Adopt Resolution No. 12-162 authorizing the special assessment for the repair of
the water and sewer service lines at 2850 Sumter Avenue South, St. Louis Park,
MN - P.I.D. 08-117-21-33-0101.
4o. Adopt Resolution No. 12-163 Approving Post-Issuance Compliance Procedure
and Policy for Tax-Exempt Governmental Bonds.
4p. Adopt Resolution No. 12-164 authonzing final payment in the amount of
$51,536.02 for Water Treatment Plant No. 6 Rehabilitation with Magney
Construction, Inc. - Project No. 2010-1300, City Contract No. 177-11.
4q. Approve for Filing Board of Zoning Appeals Meeting Minutes of September 27,
2012.
4r. Approve for Filing Telecommunications Commission Meeting Minutes of May 9,
2012
4s. Approve for Filing Housing Authority Minutes September 12, 2012.
4t. Approve for Filing Vendor Claims.
Councilmember Spano requested that Council reconsider the vote taken by the City
Council on October 15, 2012, regarding the Comprehensive Plan Amendment from Civic
to High Density and Low Density Residential for Eliot Park Apartments.
It was moved by Councilmember Spano, seconded by Councilmember Hallfin, to approve
the Agenda and items listed on the Consent Calendar as amended to add discussion
regarding the vote taken by the City Council on October 15, 2012, regarding the
Comprehensive Plan Amendment from Civic to High Density and Low Density
Residential for Eliot Park Apartments as item #8d to the Regular Agenda, and to waive
reading of all resolutions and ordinances.
The motion passed 6-0 (Councilmember Santa absent).
5. Boards and Commissions -None
6. Public Hearings
6a. Public Hearing to Consider the Reconstruction of Highway 100
Mr. Brink presented the staff report and provided a brief history of the project stating that
temporary improvements were done in 2006 and in 2008 a re-scoping process was
completed. He indicated the public process has begun with three open house meetings
and a number of neighborhood area meetings with residents to discuss noise walls and
other concerns.
Ms. Crockett advised that the proposed improvements include reconstructing the bridges
over Minnetonka Boulevard and Highway 7, replacing two railroad bridges south of
Highway 7, replacing the entire mainline pavement and putting in 12' lanes, adding
auxiliary lanes in the entire project area, replacing the trunk storm sewer, addressing
ground contamination, and installing noise walls. She presented drawings of the
proposed improvements and discussed right-of-way impacts for temporary construction
easements and permanent easements. She stated that Mn/DOT will acquire one
City Council Meeting -4- November 5, 2012
commercial parcel and the project does not include any residential acquisitions. She
advised the estimated construction cost of$64 million will be funded through the State
with participation by the County and City for installation of signals. She explained that
following tonight's public hearing, the City has 90 days to approve or deny the municipal
consent request or until February 3, 2013, the environmental assessment will be released
in late 2012, the noise wall voting process is ongoing and will end on December 28,
2012, the plans and specifications will be developed beginning in early 2013, the right-
of-way acquisition will be completed in May 2014, and construction is anticipated to
begin in late 2014 and will be completed in 2016.
Mayor Jacobs opened the public hearing.
Mr. George Hagemann, 8242 Westwood Hills Curve, appeared before the City Council
and stated he felt that one aspect of this project that deserves attention is the bicycle
accommodation on Minnetonka Boulevard over Highway 100. He was disappointed that
Mn/DOT and the County did not include on-road bike accommodation in this area and
asked Council to obtain some accommodations in writing from Mn/DOT. He felt it was
important to have a striped shoulder because the Minnetonka Boulevard bndge is a
chokepoint for east-west bike travel and encouraged Council to pursue equal access for
pedestrians. He explained that a width of 5' would be ideal and 3' would be the bare
minimum, adding that by reducing the trail on the north side would result in a full 5'
accommodation in this area.
Mr. Michael Fnsch, 8611 West 29th Street, appeared before the City Council and asked if
Mn/DOT intends to close Minnetonka Boulevard and Highway 7 at the same time.
Ms. Crockett advised that Mn/DOT intends to complete its work on Minnetonka
Boulevard first and maintain traffic on Highway 7 during this construction phase; when
Minnetonka Boulevard is done, Mn/DOT will work on Highway 7 so that one of these
roadways will be open at all times during construction.
Ms. Diane Steen-Hinderlie, 2829 Yosemite, appeared before the City Council and stated
the beehive structure was moved from Highway 100 and Minnetonka Boulevard to the
new Lilac Park and expressed concern that a portion of the beehive was left behind. She
requested that the City include accommodation for this rock garden and ornamental pool
because of its histoncal value to the City and either move it to Lilac Park or leave it
where it is as a place of recreation. She stated a small group has been formed to preserve
this area called Monkey Island which is a companion structure to one located at Como
Park. She then presented written historical information to the City Council.
Mr. Philip Smith, 4725 Minnetonka Boulevard, appeared before the City Council and
agreed with Ms. Steen-Hmderhe's sentiments.
Mr. Bob Jorvig, 3663 Park Center Boulevard, appeared before the City Council and
expressed concern about the possible demolition of the remainder of the park once the
Mn/DOT right-of-way is confirmed. He stated this garden area is equally important to
the beehive and suggested it be looked at carefully to see if it can be preserved as a
neighborhood feature and retained as a histoncal site.
City Council Meeting -5- November 5, 2012
Mr. Tony Geier, 2901 Toledo Avenue, appeared before the City Council and stated it was
a shame this project has taken so long. He stated that dunng rush hour there are five
merge lanes onto southbound Highway 100 between Glenwood and 36th and there are
three lanes coming from 394 and Cedar Lake Road and the traffic is not being
accommodated, adding he felt this project feels like it is too little too late. He stated
Mn/DOT will finish this project and traffic will be backed up the same as it is today and
he felt the City was being sold short.
Mr. Dan Middleton, 2610 Utica, appeared before the City Council and stated the new
entrance onto Highway 100 is right at his driveway and drivers frequently bypass onto
Utica to avoid the traffic backing up on Highway 100. He expressed concern that he will
not be able to get out of his driveway.
Mr. John Griffith of Mn/DOT stated that one of the challenges with this project has been
keeping access equivalent. He explained that shifting access at 27-1/2 creates a longer
weave distance and there should be relief from the current congestion with the additional
lanes on Highway 100, which will add capacity to get traffic further to the south. He
acknowledged there will likely be some cut-through traffic but the traffic will not operate
any differently than it does today. He added there will be a stop sign at 27th which will
provide a safer crossing area for pedestrians.
Mr. Middleton indicated the City built decorative block walls along the houses next to the
bike trail and asked if similar block walls will be added on Utica Avenue.
Mr. Rardin stated that Mn/DOT is proposing to move this entrance 200' to the north and
nothing further will be done in this area. He indicated the City is not proposing to make
any changes at this time along Utica or the bike trail. He added the City has control over
Utica and there will be a future discussion regarding this area.
Ms. Carrie Lazarus, 2926 Utica, appeared before the City Council and asked if the sound
wall on Utica will stop at the end of the block or whether it will continue past the
property by the bridge.
Ms. Crockett explained the noise wall along the west side of Highway 100 will start up
by the ramp and will end where 27-1/2 is today. She stated because of the storm water
pond and new ramp coming in, the noise wall will pick up and go all the way to the north
where the pedestrian bridge is located and will continue north past the apartments.
Mr. Rardin stated that all property off the right-of-way will be the City's responsibility in
terms of what kind of connections will be made adding that one unknown is the current
commercial property that will be severely impacted.
Ms. Lazarus asked if the Holiday gas station car wash can be moved toward the existing
service road.
Ms. Crockett stated that Mn/DOT can only identify the impacts to that parcel and the
current layout eliminates access to the Holiday gas station; based on these impacts, the
right-of-way process will happen and Mn/DOT may own that property, but until the
right-of-way process happens, she could not state what will happen to this property.
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City Council Meeting -6- November 5, 2012
Ms. Annie Dhir, 2620 Toledo, appeared before the City Council and expressed concern
that when the snowplow operators plow their street the snow is plowed into their
driveways and they are blocked in. She stated she has talked to the snowplow operators
who have told her they cannot switch the direction of their blades and asked if anything
can be done about this.
Mr. Rardin advised the plows are not reversible and they go around the streets in a
clockwise direction, which is the most efficient way to complete the snowplow routes.
He agreed to review this issue and follow up.
Mayor Jacobs closed the public hearing.
Councilmember Sanger stated she was glad to finally hear a definitive, clear statement
that Mn/DOT does not need to take any houses on Toledo and asked if Mn/DOT could
send a letter to all the homeowners along Toledo clearly informing them that Mn/DOT
will not take their property as part of this project.
Ms. Crockett replied in the affirmative.
Councilmember Sanger stated that Council previously discussed the bike accommodation
on Minnetonka Boulevard and was told it could be looked at to determine what options
might be available. She asked when Mn/DOT will have a clear answer regarding what
can be done to accommodate biking on the Minnetonka Boulevard bridge.
Ms. Crockett stated the County has told Mn/DOT it can eliminate a one foot reaction to
the center median, which will add an extra 2'. She indicated the layout shows two 10'
trails and the layout can accommodate 4' shoulders instead of 3' shoulders. She added
that the bridge width can be accommodated if that is the City's request to include it as
part of the project.
Councilmember Sanger stated it should be made clear that when municipal consent is
granted, the municipal consent process does not address the issue of noise walls and the
final determinant regarding noise walls comes from the voting by residents, which will
expire on December 28, 2012. She added the City does not have a vote on the noise wall
issue. She thanked Ms. Crockett and her team at Mn/DOT for all their work in getting
the project to this point.
Councilmember Spano requested information about the effective lifespan of these
improvements.
Ms. Crockett stated that Mn/DOT believes the improvements will last to 2030 based on
traffic projections.
Councilmember Mavity suggested that Council discuss this matter one more time in
study session in order to get confirmation on the bike trail accommodations and to
explore possible options for the historical rock garden/Monkey Island. She stated she
remains disappointed that the project does not fully address some of the key challenges in
the southeast quadrant of the City in terms of north-south connections, which will remain
a challenge for the City.
City Council Meeting -7- November 5, 2012
It was moved by Councilmember Mavity, seconded by Councilmember Ross, to refer this
matter for further discussion at the special study session on November 19, 2012.
The motion passed 6-0 (Councilmember Santa absent).
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. First Reading of Beekeeping Ordinance
Mr. Hoffman presented the staff report and thanked those residents who provided input
regarding the ordinance. He advised the ordinance preserves the ability to raise and keep
bees on single family lots as well as on school and City property. He stated that the
ordinance establishes minimum standards to maintain neighborhood livability from a best
practices perspective and include a 20' minimum setback requirement which could be
reduced to 10' provided a minimum 6' fence is installed. He added the ordinance also
requires that a fresh water source be provided.
Ms. Rachel Callanan, 2316 Westridge Lane, appeared before the City Council and stated
she felt this ordinance was a solution looking for a problem. She stated she did not feel
there was a senous danger with beekeeping noting that humans have coexisted with bees
forever. She stated she was glad that Council has taken the time for thoughtful discussion
of this issue but did not believe that regulation was necessary even though the proposed
ordinance was not hornble. She urged Council to not discourage beekeeping in the City
and to vote against adopting the ordinance.
Mr. Mark Clifford, 2225 Gettysburg Avenue, appeared before the City Council and
agreed with Ms. Callanan that regulation is not needed adding he felt the proposed
ordinance was fair. He requested that an arborvitae or other natural shrub be allowed as
an option to a flyway barrier. He stated in his case, he is within 20' so a flyway barrier is
needed and a natural bamer would be more attractive on his property instead of a fence.
Mr. Harmemng suggested that between First and Second Reading, staff can add language
to the ordinance that would permit natural landscaping as a flyway barrier.
Councilmember Mavity agreed with Ms. Callanan and Mr. Clifford and felt this
ordinance was a solution in search of a problem. She stated the City does not have a
problem with bees and felt this was a classic overreach in terms of what the City should
be focused on.
It was moved by Councilmember Mavity, seconded by Councilmember Spano, to deny
First Reading of Ordinance Relating to the Keeping of Bees, Amending Chapter 4 of the
St. Louis Park Code
The motion failed 3-3 (Mayor Jacobs and Councilmembers Sanger and Ross opposed;
Councilmember Santa absent).
Councilmember Mavity stated if the ordinance is going to move forward, she felt the
flyway barrier should be less prescnptive than currently written. She felt the City needs
City Council Meeting -8- November 5, 2012
to be careful about setback requirements because each house has a different topography
and the City may find itself in a situation where a well-placed beehive may have to be
moved to a location that is not ideal and possibly worse for the bees and for the
neighbors.
Councilmember Sanger felt the City should not allow beehives because the City is much
too dense; however, she would support the proposed ordinance as drafted. She stated she
was opposed to beekeeping because of potential neighbor disputes and the public health
issue for people who are allergic to bee stings. She stated she preferred to keep the
setbacks at 20' because this setback would hopefully prevent bees from swarming in
neighbor's yards.
It was moved by Councilmember Sanger, seconded by Councilmember Ross, to approve
First Reading of Ordinance Relating to the Keeping of Bees, Amending Chapter 4 of the
St Louis Park Code and to set Second Reading for November 19, 2012.
Councilmember Mavity stated the proposed ordinance bans beekeeping from multi-
family dwellings and indicated that places like Nordic Ware have generously provided
gardens, which need bees. She asked if these types of uses would be accommodated in
the ordinance and requested that the ordinance be amended to allow Nordic Ware or other
similar uses to have a beehive.
Councilmember Sanger indicated this issue can be reviewed between First and Second
Reading.
The motion failed 3-3 (Councilmembers Hallfin, Mavity, and Spano opposed;
Councilmember Santa absent).
8b. First Reading of Ordinance Amending Xcel Franchise Ordinance#2086-97
Mr. Rardin presented the staff report and explained that the City is still in discussions
with Xcel Energy regarding new ordinance provisions and this ordinance extends the
current franchise for three months to give the City time to finish its discussions with Xcel
Energy. He indicated this extension will not impact the effective date of the revised
franchise fee, which will start with the March 2013 billing.
It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to
approve First Reading of Ordinance Amending St. Louis Park City Code Section 9-603
Extending the Term of the Northern States Power Company Franchise and to set Second
Reading for November 19, 2012.
The motion passed 6-0 (Councilmember Santa absent).
8c. First Reading of Zoning Ordinance Amendment—Mobile Food Vehicles and
Catering
Mr. Morrison presented the staff report and proposed zoning ordinance amendment to
allow mobile food vehicles and catenng as an accessory use. He stated that the ordinance
was further amended following the First Reading in September to include performance
standards for signage, lighting, noise, hours of operation, overnight parking, and
City Council Meeting -9- November 5, 2012
prohibiting the sale of alcoholic beverages. He advised the catering provisions contained
in the ordinance allow catering as an accessory use in the R-1, R-2, and R-3 Zoning
Distracts and would allow a catering company to use the kitchen to prepare food for
consumption at an event located off-site.
Councilmember Sanger requested confirmation that the food trucks cannot be parked on
City streets and can only be parked on public or private property with written permission.
Mr. Morrison stated it was correct that food trucks can only be parked on pnvate or City
property with wntten permission.
It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to approve
First Reading of Ordinance Amending the St Louis Park Ordinance Code Relating to
Zoning by Amending Sections 36-4, 36-82, 36-163, 36-164, NS 36-165 — Mobile Food
Vehicles and Catering and to set Second Reading for November 19, 2012
The motion passed 5-1 (Councilmember Ross opposed; Councilmember Santa absent)
Councilmember Ross stated she does not have a problem with mobile food trucks but was
not in favor of allowing non-profit entities to rent out their kitchens to for-profit
businesses.
8d. Reconsider Vote taken by the City Council on October 15, 2012, regarding
the Comprehensive Plan Amendment from Civic to High Density and Low
Density Residential for Eliot Park Apartments
Councilmember Spano stated that Council previously voted on the Comprehensive Plan
Amendment for the rezoning of the Eliot School site from Civic to High Density and
Low Density Residential. He explained that he was raising the issue again because after
the vote was taken on October 15, 2012, it came to his attention that one of the pieces of
information considered by Council was not accurate, i.e., he had asked if any offers had
been made on the Eliot School property for a single family development and Mr. Clark
said there had been a few and he later learned from the School District that Mr. Clark's
statement was not accurate. He stated that a large part of the reason he voted against the
Comprehensive Plan Amendment was based on Mr. Clark's statement and he would like
Council to revisit this matter.
It was moved by Councilmember Spano, seconded by Councilmember Ross, to reconsider
the vote taken by the City Council on October 15, 2012, regarding the Comprehensive
Plan Amendment from Civic to High Density and Low Density Residential for Eliot Park
Apartments.
Councilmember Sanger stated the developer has indicated he would come back with his
revised plans and added she was not interested in having a discussion regarding
something Council has already discussed and voted on.
Councilmember Spano stated this was a matenal piece of information that was cntical to
his vote and that information was not accurate and served as the foundation for his
opposition to the Comprehensive Plan Amendment. He added that knowing the
statement was not accurate ments additional discussion by Council.
City Council Meeting -10- November 5, 2012
Councilmember Ross stated this issue will come back to study session for discussion by
Council and the developer will be there to clear up any confusion.
Councilmember Sanger requested Mr. Scott's opinion regarding the process for
reconsideration when the City Council has already voted on something.
Mr. Scott advised that matters can be brought up at the next meeting and a motion can be
made by anyone on the prevailing side of the original vote; in this case, the vote was 3-3
which meant the motion failed and Councilmember Spano, as one of the "no" votes,
would be on the prevailing side. He further advised it has to be brought up at the next
meeting by someone on the prevailing side who brings the motion and a majority vote is
required to pass that motion. He strongly recommended that Council not take action this
evening and that whatever action is taken be done at a future meeting. He explained that
the City is under time constraints unless the applicant waives those requirements, stating
that the 60 day rule has been continued to 120 days and the City is more than one month
away from the 120 day deadline to take action.
The motion passed 6-0 (Councalmember Santa absent).
9. Communications
Mayor Jacobs reminded residents to vote on Tuesday, November 6th. He indicated
residents can register to vote at the polls and questions may be directed to the City Clerk's
office or the League of Women Voters. He expressed the City Council's thanks to the
various city officials who have provided assistance to the City during the City Clerk's
absence. He also thanked all of the election judges.
Mayor Jacobs stated he was saddened to report that Lyle Hanks recently passed away and
he extended the City Council's sympathies to Mr. Hanks's family.
10. Adjournment
The meeting adjourned at 9:06 p.m.
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