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HomeMy WebLinkAbout2013/05/06 - ADMIN - Minutes - City Council - Regular IIf St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 6, 2013 1. Call to Order Mayor Pro Tem Sanger called the meeting to order at 7:40 p.m. Councilmembers present: Mayor Pro Tern Susan Sanger, Steve Hallfin, Anne Mavity, Sue Santa, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs and Julia Ross. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), City Attorney (Mr. Scott), Police Chief (Mr. Luse), City Clerk (Ms. Stroth), Director of Engineering (Mr. Rardin), Director of Community Development (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Infrastructure Manager(Mr. Merkley), Assistant Zoning Administrator (Mr. Morrison), Communications Coordinator (Mr. Zwilling), and Recording Secretary(Ms. Hughes). Guests: Hennepin County Sheriff Rich Stanek and Hennepin County Investigative Division Major Carver. la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Recognition of Boards and Commissions Members Mayor Pro Tern Sanger expressed the City Council's thanks and appreciation to all of the volunteers for their service on the City's Boards and Commissions. She recited the Proclamation Honoring Boards and Commissions Volunteers and presented a Certificate of Appreciation to outgoing Fire Civil Service Commissioner Marjorie Douville and to outgoing Housing Authority Commissioner Renee DuFour. She also recognized outgoing Boards and Commissions members Ryan Burt (Board of Zoning Appeals), Kimberly Mayes (Police Advisory Commission), Nathan Prosser (Charter Commission), Patrick Skinner (Charter Commission), Mary Tomback (Human Rights Commission), Asa Goldstein (Police Advisory Commission), Emily Goldstein (Human Rights Commission), and Duncan McIntyre(Police Advisory Commission). 2b. Sheriff's Office Update Hennepin County Sheriff Stanek stated the Hennepin County Sheriff's Office is a multifaceted jurisdiction with eight lines of business including the jail, 911/dispatch, patrol, crime lab, investigations, warrants, court security, and civil process. He reported that violent crime in Hennepin County is down 37% over the last six years and during 2012, the St. Louis Park Police Department booked 270 arrestees into the jail. He briefly discussed the Enforcement Services Division and Special Operations Division. He then introduced Major Carver who oversees the Sheriffs Office Investigative Division and crime lab. City Council Meeting -2- May 6, 2013 Major Carver stated the Investigations Bureau consists of the detective unit, criminal information sharing and analysis unit (CISA), and violent offender task force (VOTF). He stated the Southwest Hennepin Drug Task Force is a multi-agency task force and reported that during 2012, 100 firearms were confiscated, 161 arrests were made, and 112 State charges filed. He stated the Hennepin County crime lab is internationally accredited and is one of two crime lab systems in the State processing DNA. Hennepin County Sheriff Stanek stated the County conducts personnel training for a number of people across the County and on June 11t, the County will be hosting a panel including the Newtown, Connecticut, Chief of Police and representatives from Accent Signage. He presented a rendering of the County's new state-of-the-art 911 communications facility in Plymouth. He stated the 2012 annual report and 2013 strategic plan are available through the County and he expressed appreciation for the strong partnership with the City. Councilmember Mavity stated it was encouraging to see the reduction in violent crimes but was disturbed about the recent increase in violence against women. She asked about strategies to deal with this increase in domestic violence and asked what the community can do together with the Sheriff to address this issue. Hennepin County Sheriff Stanek stated the three young women currently missing in the metro area is unprecedented. He indicated these types of crimes are hard to predict and the Sheriff's Office has good policies and protocols in place to enforce laws. Mayor Pro Tern Sanger thanked Hennepin County Sheriff Stanek for the update. 3. Approval of Minutes 3a. City Council Meeting Minutes April 1,2013 The minutes were approved as presented. 3b. Study Session Meeting Minutes April 8, 2013 Councilmember Hallfin requested that a paragraph be added to page 6 that states "Councilmember Hallfin asked Mr. Fuhrmann about the engineering for both co-location and relocation and asked if they were going to do the same job for both relocation and co- location. Mr. Fuhrmann replied in the affirmative and stated they do not have any bias one way or the other related to engineering for either option." Mayor Pro Tern Sanger requested that the twelfth paragraph on page 5 be revised by adding a sentence that states "She asked if there were weights assigned to each of these cnteria. Mr. Fuhrmann replied there were not weights assigned to the criteria." Mayor Pro Tem Sanger requested that the seventh paragraph on page 6 be revised by adding a sentence that states "She stated it was her understanding that Met Council staff participated in Hennepin County's DEIS process and analysis and now Hennepin County staff are participating in the Met Council's review of the options and she questioned whether Met Council would truly be able to provide a fresh and independent analysis of the options." City Council Meeting -3- May 6, 2013 The minutes were approved as amended 3c. City Council Meeting Minutes April 15, 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 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. Designate Black and Dew the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$1,493,000 for the base bid and Bid Alternates 1, 2, and 3 for a total contract amount of $1,620,100 for City Hall Renovation Project No. 2900-1600. 4b. Approve Second Reading and Adopt Ordinance No. 2440-13 amending Chapter 8, Subdivisions IV—Food and Beverage, V—Public Sanitary Facilities, and VII— Lodging and Chapter 12, Article 1 — Environmental and Public Health and approve summary ordinance for publication on May 6, 2013. 4c. Adopt Resolution No. 13-062 approving acceptance of a monetary donation from Paul Weinreis through the United States Tennis Association ("USTA") in the amount of$600 to purchase equipment for the City's youth tennis program. 4d. Adopt Resolution No. 13-063 approving acceptance of a $2,200 donation from Walt Wayne for the purchase and installation of a memonal bench at the Westwood Hills Nature Center in memory of Sandra Kay Wayne. 4e. Adopt Resolution No. 13-064 authorizing final payment in the amount of $4,226.50 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 16 (Carpet and Resilient Flooring) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 56-11. 4f. Approve temporary on-sale intoxicating liquor license for the St. Louis Park Sunrise Rotary, P.O. Box 16678, St. Louis Park, for an event to be held on May 16, 2013 at Excelsior & Grand Apartment Club Room, located at 3820 Grand Way in St. Louis Park. 4g. Adopt Resolution No. 13-065 accepting work and authorizing final payment in the amount of $14,225.33 for the 2012 Beltline Boulevard mill and overlay project with Hardrives, Inc.—Project No. 2014-1102, Contract No. 137-12. 4h. Approve the 2013/2014 Neighborhood Grants. 4i. Adopt Resolution No. 13-066 authorizing the elimination of the permit parking restriction in front of 3112 Edgewood Avenue South. 4j. Approve right of way purchase in the total amount of$24,000 for Parcel 4 (7201 Lake Street — 7201 Lake Street LLC) and authorize the City Attorney to execute stipulation of settlement. 4k. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$129,114.95 for the 2013 MSA Street Rehab (Parkdale Drive) Project- Project#2013-1101. 41. Adopt Resolution No. 13-067 accepting work and authorizing final payment in the amount of $22,445.44 for the 2012 MSA Street Rehab (Louisiana Avenue) y City Council Meeting -4- May 6, 2013 project with Bituminous Roadways, Inc. — Project No. 2011-1100, Contract No. 89-12. 4m. Approve for filing Planning Commission Meeting Minutes March 20, 2013. 4n. Approve for filing Fire Civil Service Commission Meeting Minutes March 12, 2013. 4o. Approve for filing Fire Civil Service Commission Meeting Minutes April 10, 2013. 4p. 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 Ross absent). 5. Boards and Commissions -None 6. Public Hearings 6a. Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan. Resolution No. 13-068. Mr. Hunt presented the staff report noting that the EDA took action on this item earlier in the evening. He submitted a memo from Hennepin County to be included as part of the official public record providing the County's comments related to the establishment of the Eliot Park TIF District. He stated the County memo summarized its findings related to the TIF District and affirmed the City's findings in the TIF Plan and the memo states that "the TIF District satisfies the preference of the Commissioners of the use of tax increment financing because it focuses on projects of renewal and greatest need". Mayor Pro Tem Sanger opened the public hearing. Mr. Wade Hammer, 2201 Jersey Avenue South, appeared before the City Council and thanked Council for the opportunity to voice his concern about using tax dollars for this project. He stated taxpayer money was used to study what residents wanted related to redevelopment of this site and in development of the Design Guidelines. He stated the majority of residents desired single family homes on this site and not high density, noting that the concept of medium density housing was not discussed until the groups were asked to consider something other than single family homes on the site. He felt the statement that residents wanted medium density was disingenuous and the neighborhood strongly desired single family. He stated the Design Guidelines were used to develop site plans and were discussed during the public process and questioned why high density was raised when the data points to the resident's preference for single family homes and a desire to avoid high density development. He asked how the property was listed and whether it was listed as potential single family. He also asked if the site was appropriately marketed to single family developers. He indicated the City heard from the School District there was no interest in the site but there is no data showing the site was offered for single family. He stated the PUD process has allowed decision-making to go on outside of the public venue whereby there appear to be no clearly defined standards that allow the public an opportunity to understand whether the plan is within or outside City Council Meeting -5- May 6, 2013 City standards, adding residents cannot help but feel ignored when the study has been ignored. He urged Council to vote against what is not ideal for this site. He stated the citizens of St. Louis Park are now being asked to subsidize a private development and did not agree with subsidizing another apartment complex in a single family neighborhood. He stated there are a total of about 900 apartment units built or being built in the City and every one of these flanks commercial properties. He referenced a School Distnct study that shows St. Louis Park enrollment near capacity and questioned where the children will go to school once all the apartments are filled. He then asked if all apartment buildings receive tax increment financing. He also asked who paid for the LBH study. Mayor Pro Tern Sanger replied that not all apartment buildings receive TIF assistance. Mr. Hunt replied that the developer paid for the LHB study. Mr. Jaime Calle, 2055 Kentucky Avenue South, appeared before the City Council and stated he feels betrayed by the City and does not understand why the City Council is going ahead with this project after turning it down at an earlier meeting. He stated this makes him think the City Council is getting a kickback or working for the developer because the City Council is pushing this so hard and does not care about the neighbors. He questioned what would happen when there is no longer a high demand for apartments. He stated he came to this country seeking a better life and future for his children and stated he was very disappointed in the City Council. Mayor Pro Tern Sanger responded to Mr. Calle's statement regarding kickbacks and stated nobody is getting kickbacks. She apologized that the process has not been clear to him and explained that as part of general City Council procedures, any Councilmember has the right to request reconsideration of an item and in this case, Councilmember Spano requested the item be reconsidered and that request was honored. Ms. Renee DuFour, 3924 Monterey Avenue, appeared before the City Council and stated when she served on the Housing Authority, this item was discussed and they invited the developer to talk to the Housing Authority to learn about obstacles and to look for ways to encourage development. She stated as a Housing Authority board member, she did not understand the opposition of the neighborhood when the Housing Authority voted on this and felt if they had had a better understanding of the objections of the neighborhood, they would have wanted to ask more questions. Mayor Pro Tern Sanger closed the public hearing. Councilmember Hallfin indicated he has been opposed to this project from the beginning and is a strong advocate for single family homes in the City but would not obstruct the will of the City Council to let the TIF District go forward. Councilmember Santa stated it was her understanding the TIF District was not intended as a subsidy for the developer and asked staff to explain how a TIF Distnct operates. Mr. Hunt indicated there appears to be a misperception about how tax increment works. He explained that under tax increment financing the city captures the property taxes resulting from the increased value of properties that have been redeveloped and provides an agreed upon amount of those taxes back to the developer as reimbursement for certain City Council Meeting -6- May 6, 2013 costs over a specific period of time. The developer is responsible for paying property taxes on the increased value of the property due to the new development. Thus the assistance actually comes from the developments themselves when they are completed. He stated the City requires pay-as-you-go instruments, which means only by way of the developer paying their property taxes are tax increment payments made to the developer. In this case, the first $1.1 million in tax increment gets paid to the redeveloper as reimbursement for certain extraordinary costs associated with redeveloping the site. Once the obligations to the redeveloper have been satisfied, the district is terminated and the property ultimately gets put back on to the tax rolls for the benefit of all other taxing jurisdictions. Councilmember Santa asked about the current value of the property and what it will be after this development is constructed. Mr. Hunt stated the base value for this property is approximately$2 million and when the proposed project is completed the property will have an assessed market value of approximately $17.7 million. He stated that the increase in value gets assessed to the property and the developer is responsible for paying the property taxes which are then used as tax increment payments back to the redeveloper for certain qualified costs under the redevelopment contract. Councilmember Santa pointed out that this building is an eyesore, nothing has happened on the site for three years, the building has asbestos and lead paint, and needs to be cleaned up and these represent extraordinary costs. Councilmember Spano requested information regarding the six-year timeframe. Mr. Hunt explained that the estimated annual tax increment for this project is approximately $250,000. He stated the $1.1 million reimbursement to the developer will be achieved in less than seven years. Then the TIF District would be terminated. Mr. Bill Anderson, 2229 Kentucky Avenue South, appeared before the City Council and requested further information about why the City Council previously declined this project and later reconsidered. Councilmember Spano explained when the City Council first voted on this matter he voted against moving the project forward and after that vote he found out that one piece of information was inaccurate which impacted his earlier vote. He stated this information had to do with the number of offers made on the property for single family homes and it was learned there had been no offers for single family homes when he had previously thought there had been offers made for single family homes which is why he made a motion to reconsider the matter. He stated this property has been vacant for three years and there have been no viable offers for construction of single family homes, adding the building is falling down and the City has had issues with vandalism on the property resulting in a safety issue. He added he was not happy with the Design Guideline process but it was clear something needed to happen with this property and the Hunt Associates offer was the only offer on the table after three years. Mr. Humming stated the City looked thoroughly at the site for possible construction of a new fire station and the neighborhood made it clear that tearing down the school and City"Council Meeting -7- May 6, 2013 building a fire station was unacceptable, adding that was the last development proposal for the site until Mr. Hunt approached the School District. Mr. Hammer approached the City Council again and asked if the site was marketed to single family developers or commercial developers. Mr. Harmening stated the City was not involved in marketing the property and only assisted in developing the future land use of the site. Councilmember Mavity stated she understood the frustration of the neighbors and acknowledged the concerns raised by the neighborhood but those concerns are not something this body can act on or influence, such as the marketing of the property. Councilmember Hallfin stated he approached the City to ask if the City could buy the land and tear down the building in order to market the site for individual lots. He stated the City ran some pro forma numbers and it was determined that it would cost at least $500,000 to tear the building down and the lots would have to be sold for $100,000 per lot which is not feasible. He added he was okay with taking a million dollar hit to put single family homes on the site,but there was not buy-in from the rest of Council. It was moved by Councilmember Santa, seconded by Councilmember Spano, to adopt Resolution No. 13-068 Adopting a Modification to the Redevelopment Plan for Redevelopment Project No 1, Establishing the Eliot Park Tax Increment Financing District Therein and Adopting a Tax Increment Financing Plan Therefor. Mayor Pro Tern Sanger stated her opposition to this project and the TIF District for the reasons stated during the EDA meeting held earlier this evening. She stated she did not agree with the proposed land use, she felt the density was too high, and she also did not agree with the TIF financing. She also felt the price being paid for the parcel was too high. She agreed with the earlier comments that the current building is unsafe and needs to come down,but she would have been much happier if Council had pursued the topic of fronting money to the School District to tear down the building and leaving the site as open space until the right development proposal came along. The motion passed 4-1 (Mayor Pro Tern Sanger opposed;Mayor Jacobs and Councilmember Ross absent). 7. Requests,Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Background Checks Ordinance Amendment Ms. Deno presented the staff report and advised the proposed ordinance recently updated now requires all employees and volunteers to have a background check. Since working with this change, we have run into difficulties with background checks now required on one-time volunteers for events such as Beautify the Park or Parktacular parade pick up, where backgrounds are not needed. She requested that Council approve a statement in the proposed ordinance to give administrative authority to the City Manager to waive a background check if it is deemed not necessary. City Council Meeting -8- May 6, 2013 It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve First Reading of Ordinance Amending the St. Louis Park Code of Ordinances Section 16- 33 Relating to Criminal Background Checks and to set Second Reading for May 20, 2013. Councilmember Santa requested confirmation that people working with children or vulnerable adults would be required to have a background check. Ms. Deno replied that any safety sensitive area would require a background check. The motion passed 5-0 (Mayor Jacobs and Councilmember Ross absent 8b. Healthy Eating and Active Living Policy. Resolution No. 13-069. Mr. Locke presented the staff report and proposed policies with respect to healthy eating and active living, adding that the Resolution establishes a broad policy for the City on a number of topics as a statement of the City's intent. Councilmember Mavity expressed appreciation for the work done by residents and Council on this policy. She requested that a paragraph be added to Section II (Natural Environment) that states "Maintain and sustain the City's parks and trails in recognition of the positive benefits and acknowledgment of the City's environmental stewardship." It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 13-069 Approving a Healthy Eating and Active Living Policy, as amended. The motion passed 5-0 (Mayor Jacobs and Councilmember Ross absent). 8c. Conditional Use Permit — Educational Facility w/ Student Housing (3115 Ottawa Ave. South). Resolution No. 13-070. Mr. Morrison presented the staff report and proposed Conditional Use Permit to allow student housing at Yeshiva of Minneapolis. He presented an aerial map of the property and stated the proposal for student housing will not include any external improvements and all work will be done within the existing building. He stated there was discussion at the Planning Commission regarding the single family home located in the northeast corner and the City's requirement that buildings shall be located at least 50' from a lot in a residential district. He explained that a 2012 ALTA survey shows a total of two parcels and City records show a special permit was approved in 1972 with the home noted on the same parcel as the synagogue and used as a caretaker residence. He stated the City proposes to rescind the 1972 permit and replace it with the CUP and carry forward the previous condition that the home may be used as a caretaker residence. He presented the landscape plan and stated the property will be brought into compliance with City Code by planting additional trees and landscaping around the perimeter of the parking lot and additional shrubs along Natchez. He then introduced Rabbi Shlomo Kutoff. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to adopt Resolution No. 13-070 rescinding Resolutions 6695 and 4747 and Granting Conditional , City Council Meeting -9- May 6, 2013 Use Permit for an Educational Facility with Student Housing for Property Located at 3115 Ottawa Avenue South. The motion passed 5-0 (Mayor Jacobs and Councilmember Ross absent). 8d. Approval of 2013-2018 Solid Waste Collection Contracts Resolution No. 13-071 Mr. Rardin presented the staff report and proposed a five-year contract with Waste Management for residential garbage and recycling services and proposed a five-year contract with Advanced Disposal for residential yard waste and organic collection services. He advised that the City will now be picking up more recyclable matenals, especially plastic, and collection will be more convenient for residents with a single sort cart. He stated that optional organics recycling has been an added service and residents will have the option to use a smaller cart size for trash collection. He stated that other program changes include scrap metal recycling collection at the curb. He stated the proposals from Waste Management and Advanced Disposal represented the lowest prices and Council felt these collection options best suited the overall needs of residents. He stated the total estimated cost of the garbage/recycling service collection contract is $5,851,000 and the total estimated cost of the yard waste/organic waste service collection contract is $3,331,000. He added once the contracts are approved, staff will begin an educational/marketing process for residents regarding the new services which become effective October 1, 2013. Ms. Renee DuFour, 3924 Monterey Avenue, appeared before the City Council and expressed concern regarding proper placement of carts and what the City allows. She stated that residents living across the street from her in Edina are allowed to place their carts in the street at the back of the curb but the City does not allow carts to be placed in the street. She stated she is having trouble finding a place to put her garbage container and would like to find a solution and requested further information from the City regarding this issue. Mr. Harmening stated the City determines the rules regarding proper placement of carts and this is not a Waste Management issue and approving this contract has no bearing on that issue. He advised the City does not want garbage carts placed on sidewalks because it does not want to block the sidewalks and the City does not want carts in the street because the carts can be an encumbrance to work being done in the street. He stated St. Louis Park has a longstanding policy of having organized collection because it provides residents with favorable rates and organized collection limits the number of garbage and recycling vehicles on City streets, thus reducing wear and tear on City streets. He indicated he would be happy to meet with Ms. DuFour to discuss her concerns. Mayor Pro Tem Sanger suggested that Ms. DuFour continue to work with Councilmember Mavity regarding her concerns. Councilmember Mavity requested further information regarding one of the terms of the contracts that indicates the Contractor will provide walk-up service as an optional service to residents. City Council Meeting -10- ` May 6, 2013 Mr. Merkley stated the contract specifies that this is an additional service where the hauler will provide walk-up service for garbage and recycling and the resident pays the hauler for this service. He added this service is currently provided for approximately $3.00 per month. Councilmember Spano commended Mr. Rardin and his team for all their work on this and stated the revamped recycling program is something the City should be proud of and felt the new collection program was quite revolutionary. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to adopt Resolution No. 13-071 Designating Service Providers and Authorizing Contract. The motion passed 5-0 (Mayor Jacobs and Councilmember Ross absent). Mayor Pro Tern Sanger thanked Mr. Rardin and Mr. Merkley and City staff for their work on this matter. She stated that further information regarding these changes would be forthcoming. 9. Communications Mayor Pro Tern Sanger thanked all City staff and the residents who participated in the tour of remodeled homes yesterday and especially thanked the six homeowners who opened up their homes for the tour. Mayor Pro Tern Sanger reminded residents of the Children's First ice cream social on Sunday, May 19th, at Wolfe Park from 2:00-5:00 p.m. 10. Adjournment The meeting adjourned at 9:33 p.m. --- '1 Nancy Stroth, Cit Clerk S san Sanger, ayor Pro Tern