HomeMy WebLinkAbout2013/11/04 - ADMIN - Minutes - City Council - Study Session Ifl St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
NOVEMBER 4, 2013
The meeting convened at 6:31 p.m.
Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin (arrived at 6:34 p.m.), Anne Mavity,
Julia Ross, Susan Sanger, Sue Santa, and Jake Spano.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Engineer (Ms. Heiser), Director of
Community Development (Mr. Locke), Operations Superintendent (Mr. Hanson),
Communications Coordinator(Mr. Zwilling), and Recording Secretary(Ms. Hughes).
1. Ownership and Replacement Costs in the Right of Way
Ms. Heiser presented the staff report and the draft policy related to ownership of private
improvements in the public right of way. She advised that this policy will be helpful to staff as
part of the Connect the Park project to provide a consistent message to residents regarding
ownership of private improvements in the public right of way. She indicated that staff surveyed
other communities to understand their policies on this issue and learned that below ground items
are typically the property owner's responsibility. She stated staff also considered the possibility
of having the City pay for replacement of landscaping and used 39th Street as an example and
determined that the replacement costs would add approximately 25% to the project budget. She
indicated the policy requires that property owners apply for a right of way permit for below
ground private improvements and staff intends to communicate this new requirement to property
owners and to educate the public about where the right of way is located, adding that the right of
way permit will be free of charge for single family residential properties. She pointed out that
the last sentence of the first page of the draft policy will be revised to state "If the City
determines that a private improvement in the ROW is a hazard to public safety, impedes snow
removal/storage, or creates a visual obstruction, the City will work with the property owner to
address the problem."
Councilmember Mavity requested that the policy contain clear guidance about the right of way
permit and what types of private improvements trigger the need for the permit.
Councilmember Ross asked if property owners need to apply for the right of way permit if they
already have something in the right of way.
Ms. Heiser replied that the City does not plan to retroactively require that property owners obtain
a right of way permit.
Councilmember Ross felt the City should encourage property owners to obtain a right of way
permit for existing below ground improvements since the City is already going to be meeting
with residents about the sidewalk project. She stated the permit does not need to be mandated
but it would be nice to have information about existing improvements in the right of way.
Councilmember Mavity did not feel that the City's draft policy landed in the right spot in terms
of its peer communities and felt the City should strive toward a policy that is more closely
aligned with Edina in terms of its salvage and restore in place policy. She felt the policy should
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state that the City will salvage and relocate items as a part of the project. The location could be
either in or out of the nght of way.
Councilmember Spano suggested that Council consider providing property owners with a
percentage of the cost to replace items in the public right of way instead of a stipend, e.g., if a
property owner incurs a $50 replacement cost, the City will cover half that cost or $25. He felt
this would be more equitable and would eliminate the concern about one property owner not
getting the same amount as another property owner.
Councilmember Santa stated that retaining walls are very often put in by a property owner
because they are needed and not for aesthetic purposes and she hoped the City would replace
retaining walls because it was needed in that location and a property owner would not have gone
to the expense otherwise. She agreed with Councilmember Spano's suggestion about providing
a percentage but questioned who would decide how much a tree or shrub is worth. She noted the
importance of diversifying the urban forest and felt this was one way of achieving that if you are
taking out an elm tree and replacing it with something that adds diversity, adding that she felt the
City should pay for the replacement tree.
Councilmember Sanger agreed that some form of reimbursement to the property owner or
replanting makes sense, but was concerned about what happens if the replanting takes place on
the homeowner's private property and possible liability issues for the City. She stated she would
rather have the policy state that the City will issue a check to the property owner for anything the
City is responsible for and to have the property owner be responsible for getting the work done.
She indicated there was nothing in the policy that addressed the ability to transplant some trees
or shrubs rather than starting with new plantings and felt the City should pursue transplanting
trees and/or shrubs if there is a reasonable chance of survival. She also felt the City should
maintain some flexibility in dealing with right of way issues because the policy might not fit
100%in every situation.
Councilmember Mavity suggested that the City's policy related to above ground items state that
the City will salvage and restore in place and/or relocate outside the right of way.
Councilmember Sanger asked if property owners will have one point of contact at the City
related to this policy.
Ms. Heiser replied in the affirmative.
Councilmember Santa expressed concern about the salvage and restore in place language,
explaining that if there was no sidewalk on a particular piece of property, it could be assumed
that the property belonged to "John Jones" and once a sidewalk goes in, the boulevard becomes a
public space and it may not be appropriate to have "John Jones's" property on the public space
where the public could interfere with it. She stated she was leaning more towards relocating
outside of the right of way with the ability to have a little wiggle room in the policy.
It was the consensus of the City Council that the policy regarding ownership of private
improvements in the public right of way shall state that below ground items are the responsibility
of the property owner. It was also the consensus of the City Council that the policy regarding
below ground items shall state that the City will salvage and restore in place where feasible or
outside of the right of way. It was also the consensus of the City Council that as a general rule,
the City will replace trees and shrubs.
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Mr. Harmening stated that a revised policy will be presented to Council in the near future. Staff
also acknowledged that they will continue to work on drafting a policy that addresses the
remaining issues of owner responsibilities for maintenance of other items in the nght of way
with a target date of next spring for completion of the policy.
2. Update on Southwest LRT (Verbal)
Mr. Harmening presented a timeline of events since October 14th and advised that he and Mayor
Jacobs will be meeting with the Governor tomorrow (11/5/13). He stated the CMC is scheduled
to meet on November 6th to receive an update on the three studies that were ordered by the
Governor. He indicated the City has provided comments on the scope of work for the freight rail
analysis and staff is preparing a letter to the Governor commenting on the document
disseminated by Senator Dibble; in addition, work continues on station area planning.
Councilmember Sanger requested information about the proposed scope of the freight rail
analysis.
Mr. Harmening stated it was staff's understanding that the consultants would look at all the
previous freight rail options in St. Louis Park and may identify any other options in St. Louis
Park as well as other possible options outside of the City.
Councilmember Santa asked if the consultants will be reviewing the body of work that the City
commissioned through SEH Consulting.
Mr. Harmemng replied in the affirmative and stated the consultants will review all the work and
comments submitted with the DEIS, including the Safety in the Park work. He requested that
Council consider having two or three people travel to Washington, D.C., in the next 30-60 days
to visit with the City's delegation regarding this project.
It was the consensus of the City Council to direct staff to work with the City's lobbyists to
schedule a meeting with the City's representatives in W.: n on, D.C., in the near future.
The meeting adjourned at 7:33 p.m.
Nancy Stroth, ity Clerk Jeff Jaco :,_1 ayor