HomeMy WebLinkAbout2014/10/20 - ADMIN - Minutes - City Council - Regular (2) III Sto Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
OCTOBER 20, 2014
1. Call to Order
Mayor Jacobs called the meeting to order at 7:34 p.m.
Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg,
Anne Mavity, Susan Sanger, and Jake Spano.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human
Resources (Ms. Deno), City Attorney (Mr. Scott), Director of Community Development (Mr.
Locke), Police Chief(Mr Luse), Director of Operations and Recreation (Ms. Walsh), City Clerk
(Ms. Stroth), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Senior Planner (Mr.
Walther), Operations Superintendent (Mr. Hanson), and Recording Secretary(Ms. Hughes).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Recognition of Donation
Mayor Jacobs expressed thanks to Randy May for his $1,700 donation for the purchase of
a metal bench in Elie Park honoring Virginia May. He also expressed thanks to Step One
Foods for its $10,065 donation for the purchase of nutritional products and services to
improve the health and wellness of firefighters.
3. Approval of Minutes
3a. Study Session Minutes September 22, 2014
The minutes were approved as presented.
3b. Joint City Council/School Board Meeting Minutes September 29, 2014
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.
City Council Meeting -2- October 20, 2014
4a. Approve Second Reading and Adopt Ordinance No. 2455-14 establishing fees for
2015 as outlined in Appendix A of the City Code of Ordinances; and to approve the
summary ordinance for publication.
4b. Moved to 8f
4c. Moved to 8g.
4d. Adopt Resolution No. 14-121 approving acceptance of a $1,700 donation from Randy
May for the purchase and installation of a metal bench in Elie Park honoring Virginia
May.
4e. Adopt Resolution No. 14-122 approving a Wellness Incentive for benefit earning staff
for 2015.
4f. Adopt Resolution No. 14-123 accepting a donation of$10,065 to the St. Louis Park
Fire Department from Step One Foods for nutritional products and services to improve
the health and wellness of firefighters.
4g. Adopt Resolution No. 14-124 authonzing final payment in the amount of $6,412.12
for the 2013 Random Concrete Repair Project with Thomas & Sons Construction, Inc.
- Project Nos. 2013-0003, 0004, and 0006, City Contract No. 34-13.
4h. Adopt Resolution No. 14-125 authorizing installation of permit parking restrictions at
2940 Salem Avenue.
4i. Adopt Resolution No. 14-126 rescinding the paragraph documented within Resolution
No. 3681 for the existing "No Parking 8 a.m. to 6 p.m. Monday thru Friday" on the
east side of Pnnceton Avenue from W. 29th Street south to the east-west alley.
4j. Adopt Resolution No. 14-127 rescinding the paragraph documented within Resolution
No 87-104 for the existing No Parking Anytime along the entire length of Decatur
Avenue including the cul-de-sac. It is requested that parking restnctions be modified to
allow on-street parking along the east side of Phillips Parkway, previously Decatur
Avenue, from the Service Road south of W. 36th Street south to the parking lot access
north of the cul-de-sac.
4k. Adopt Resolution No. 14-128 to add Paid-On-Call Firefighters as eligible for the
Employee Service Recognition and Departing Employee Recognition programs in the
Personnel Manual.
41. Approve for filing Environment and Sustainability Commission: Sustainable SLP
Minutes of September 3, 2014
Mr. Harmening advised that agenda item 8b has been removed at the request of the
applicant and will be placed on the November 3, 2014, City Council agenda.
Councilmember Brausen requested that Consent Calendar items 4b and 4c be removed
and placed on the Regular Agenda.
It was moved by Councilmember Spano, seconded by Councilmember Hallfin, to approve
the Agenda and items listed on the Consent Calendar as amended to remove agenda item
8b and to move Consent Calendar items 4b and 4c to the Regular Agenda as items 8f and
8g; and to waive reading of all resolutions and ordinances.
The motion passed 7-0.
City Council Meeting -3- October 20, 2014
5. Boards and Commissions -None
6. Public Hearings
6a. Yami Yami On-Sale Wine and 3.2% Malt Liquor License
Ms. Stroth presented the staff report and stated that J & R, Inc., dba Yami Yami, have
requested an on-sale wine and 3.2% malt liquor license for their restaurant located at
4712 Excelsior Boulevard. She stated the restaurant is currently open and consists of
approximately 2,300 square feet with seating for 60.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to
approve application from J& R Inc, doing business as Yami Yam,for an On-Sale Wine
and 3.2 Malt Liquor License located at 4712 Excelsior Boulevard, for a license term
through March 1, 2015.
The motion passed 7-0
6b. Bonefish Grill—On Sale Intoxicating and Sunday Sale Liquor License
Ms. Stroth presented the staff report and stated that Bonefish Grill owns and operates 194
restaurants and this will be the first location in Minnesota at 1607 West End Boulevard.
She stated that daily operations will be managed by Herbert Schatteles and the restaurant
plans to open on November 3, 2014.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve application from Bonefish Grill, LLC, dba Bonefish Grill, for an on-sale
intoxicating and Sunday sale liquor license located at 1607 West End Boulevard with the
license term through March 1, 2015.
The motion passed 7-0.
6c. Assessment of Delinquent Accounts. Resolution No. 14-129.
Mr. Heintz presented the staff report and advised the City sent a total of 1,810 delinquent
account letters representing a total amount of$929,886, and as of the close of business
today, delinquent accounts totaled $677,762. He stated the City will continue to take
payments until 4:30 p.m. on October 31, 2014, and delinquent accounts will be assessed a
$30 administrative fee and a $75 penalty on accounts being certified for the second
consecutive year.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public heanng.
City Council Meeting -4- October 20, 2014
It was moved by Councilmember Sanger, seconded by Councilmember Lindberg, to adopt
Resolution No. 14-129 Levying Assessment for Delinquent Utility Accounts, Tree
Removal/Injection, False Alarm Fees and Other Miscellaneous Charges.
The motion passed 7-0.
6d. Public Hearing and First Reading of Ordinance Imposing a Franchise Fee on
CenterPoint Energy Resources Corp.
Mr. Heintz presented the staff report and explained that the City has imposed a franchise
fee since 2004 and the proposed increase for 2015 is $0.75 per month for a total franchise
fee of $3.25 per month for residential customers. He stated the CenterPoint Energy
franchise fee will generate approximately $274,000 and all funds are placed in the
Pavement Management Fund, which is funded entirely by franchise fees.
Mayor Jacobs opened the public heanng.
Mr. William Putnam, 3172 Hillsboro Avenue South, stated the utility companies are
constantly raising their rates and he was concerned about the addition of another $0.75
per month. He requested more information about what the franchise fees are used for.
Mr. Heintz explained that the City chose to fund its street improvement projects through
franchise fees instead of imposing special assessments on property owners and the
Pavement Management Program is funded entirely by these franchise fees.
Mr. Harmening stated that some cities choose to impose special assessments, which can
result in a large dollar amount being assessed to a property owner. He stated when the
City rebuilds its streets, property owners are not special assessed and thus property
owners do not face large special assessments for these improvements.
Mayor Jacobs closed the public hearing.
It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to
approve First Reading of Ordinance Implementing a Gas Energy Franchise Fee on
CenterPoint Energy Minnesota Gas ("CenterPoint Energy')for Providing Gas Energy
Service"within the City of St. Louis Park, Minnesota, and to set Second Reading for
November 3, 2014.
The motion passed 7-0.
6e. Public Hearing and First Reading of an Ordinance Imposing a Franchise Fee
on Northern States Power Company (d/b/a Xcel Energy)
Mr. Heintz presented the staff report and explained that the proposed increase for 2015 is
$0.75 per month for a total franchise fee of$3.25 per month for residential customers.
He stated that the Xcel Energy franchise fee will generate approximately $420,000 and
all funds are used to pay for the Pavement Management Program.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public hearing.
City Council Meeting -5- October 20, 2014
It.was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to
approve First Reading of Ordinance Implementing an Electric Service Franchise Fee on
Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its
Successors and Assigns,for Providing Electric Service within the City of St Louis Park
and to set Second Reading for November 3, 2014.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Adoption of 2015 Utility Rates. Resolution No. 14-130.
Mr. Heintz presented the staff report and advised that each year the City analyzes its
utility rates in conjunction with the Capital Improvement Program and Long Range
Financial Management Plan to ensure sustainability of the utility funds. He stated that
the 2015 proposed utility rate increases result in a cumulative increase of 4.59% or
approximately $3.73 per month for a typical residential customer.
Mr. Harmening pointed out that the adjustments in the utility rates are primarily due to
the City's aggressive capital replacement plan that includes replacing water and sewer
mains at the same time as street improvement projects.
It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt
Resolution No. 14-130 Setting Utility Rates.
The motion passed 7-0
8b. Conditional Use Permit for Grading, Motor Vehicle Sales, Services and
Repair for New Kia Dealership
This item was removed from the agenda and not considered by the City Council.
8c. Business Park Zoning Amendments
Mr. Walther presented the staff report and explained that the amendments to the Business
Park zoning district ordinance include changing both Light Assembly and
Warehouse/Storage from Conditional Use Permit to "Permitted with Conditions," which
would not require a public hearing and would allow the use if all conditions of the
ordinance are met. He stated the proposed amendment would also allow a higher
percentage of buildings to be used for other uses such as restaurants, group day care, or
studio type uses, and allows flexibility for property owners in these buildings.
It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve
First Reading of Ordinance Amending the St. Louis Park City Code Relating to Zoning
Sections 36-232 and 36-233 Business Park District Regulations and to set Second
Reading for November 3, 2014.
Councilmember Brausen asked if this zoning district would allow a contractor's yard.
City Council Meeting -6- October 20, 2014
Mr. Walther replied this district would not allow a contractor's yard, adding that the
Business Park zoning district is intended to prohibit outdoor storage and is focused on
office-type uses more in line with the City's expectations as it relates to redevelopment
around the light rail station areas.
The motion passed 7-0.
8d. First Reading of Snow Removal Program Ordinance
Mr. Luse presented the staff report and stated the proposed amendments include
clanfication regarding exempt parking zones intended to provide clarity and create
efficiencies in operations and enforcement. He stated the program would also be
amended to require parking permits to be displayed on back bumpers of vehicles to
provide easier identification with parking enforcement during snow events. He stated the
Ordinance would also be amended to provide for declaration of a snow emergency, which
is common language used by other communities as it relates to declaring a snow
emergency, adding that the City would retain the benchmark of 3" of snow when
declaring a snow emergency. He advised that the City will continue to expand
communications through social media as it relates to these enhancements to the snow
removal program.
Councilmember Sanger asked if it was correct that the City will continue to require that
people get their cars off the street when three or more inches of snow has fallen.
Mr. Luse replied that this was correct.
Mr. Harmening encouraged residents to contact City Hall or visit the City's website for
information about how to sign up for ParkAlert, adding that residents can choose to be
notified via email, text, or phone and can sign up more than one phone number.
Councilmember Brausen encouraged residents to also sign up for the MyStLouisPark app.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve First Reading of Ordinance Relating to Snow Removal Parking Restrictions,
Amending Section 30-158 of the St. Louis Park City Code and to set Second Reading for
November 3, 2014.
The motion passed 7-0.
8e. 2015 Employer Benefits Contribution. Resolution No. 14-131.
Ms. Deno presented the staff report and explained that the City created an employee task
force that mirrored enrollment in the City's health insurance plan and included
representation from all employee groups. She stated that in the past, the City has offered
the same employer contribution for any tier of medical insurance coverage and the task
force recommended that the City provide more funding for families and move away from
one amount for all employees with no reduction on the single employee plan. She stated
the task force recommended that the City continue to fund employee only coverage for
the full premium in the high deductible plan and to offer additional cash to purchase other
benefits. She advised that if employees move into employee+ coverage, the employer
City Council Meeting -7- October 20, 2014
contribution is set at 65% of the premium and 65% of the VEBA is covered, with copays
set at 65% of the premium for employee+plans.
It was moved by Councilmember Lindberg, seconded by Councilmember Spano, to adopt
Resolution No. 14-131 Establishing 2015 Employer Benefits Contribution.
Councilmember Sanger disagreed with the recommendation that the City pay some
employees extra compensation if they elect family coverage and stated that this change
means some employees are going to receive more compensation than others for reasons
that have nothing to do with their job. She felt this was inconsistent with the principle of
equal pay-for equal work requiring the City to provide equal compensation for employees
doing the same work. She did not think this represented sound public policy and did not
believe it was legal; as a result, she would be voting against the proposed changes.
Councilmember Brausen felt it was important for the City to cover families and stated he
did not want the City to find itself in a situation where it was losing employees because it
was not offering a competitive benefits package.
Councilmember Spano stated the City is competing for talent and needs to make sure it
remains competitive with other communities and private employers. He asked the City
Attorney if the proposed employer benefits contribution violated any laws.
Mr. Scott stated that this issue has come up in past but he was not aware of any provision
in the law that makes this illegal, adding it is strictly a policy issue.
Councilmember Mavity noted that the cost to an employee to access family coverage is
over$1,000 per month that they must pay themselves out of pocket.
Councilmember Hallfin asked about the City's cost to provide the additional employer
contribution.
Ms. Deno replied that the City has estimated the cost to provide the additional employer
contribution to be approximately $350,000-$375,000 in addition to what the City has
budgeted from last year.
The motion passed 6-1 (Councilmember Sanger opposed)
8f. Approve a Temporary On-Sale Intoxicating Liquor License for the Frank
Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park, for
a social event to be held November 1, 2014, during the hours of 3:00 to 11:00
p.m. in the parking lot at the American Legion
Councilmember Brausen stated he wished to make note of the American Legion's flag
retirement ceremony planned for Saturday, November 1st, at 3:00 p.m. He indicated that
the event is open to the public and anyone who needs a flag retired can attend the event.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve a temporary On-Sale Intoxicating Liquor License for the Frank Lundberg
American Legion Post 282, 5605 36th St. W in St. Louis Park, for a social event to be
City Council Meeting -8- October 20, 2014
held November 1, 2014, during the hours of 3:00 to 11:00 p.m. in the parking lot at the
American Legion.
The motion passed 7-0.
8g. Approve Second Reading and Adopt Ordinance No. 2456-14 for addition of
Section 6-71 Construction Management Plan to Chapter 6 of the City Code
of Ordinances effective November 15, 2014, and approve summary ordinance
for publication on October 31, 2014
Councilmember Brausen requested that residents note that the City is adopting an
Ordinance requinng a Construction Management Plan for demolition, new construction,
and major additions and represents an effort by the City to provide neighbors with
information about what is happening at a property by creating a formal process for
notification of residents.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve Second Reading and Adopt Ordinance No. 2456-14 relating to Construction
Management of Demolition, New Construction and Additions to Single and Two Family
Dwellings Amending Chapter 6 of the St. Louis Park City Code of Ordinances.
Councilmember Spano requested that staff prepare a template document to be distributed
to contractors and homeowners outlining the minimum requirements of what must be
included in the Construction Management Plan.
Councilmember Lindberg pointed out that the neighborhood meeting is intended to
provide general information about a construction project and is not intended to allow
input or comment on the design of a particular project.
The motion passed 7-0.
9. Communications
Mayor Jacobs reminded residents about the Pumpkin Carving event on Friday, October
24`h, at Wolfe Park from 12:30-5:30 p.m.
Councilmember Spano reminded residents that November 13`h is Give to the Max Day
and encouraged residents to donate
Mayor Jacobs reminded residents that Election Day is November 4th and residents may
contact the City Clerk or League of Women Voters with any questions.
Councilmember Lindberg advised that the Texa Tonka neighborhood is holding a
neighborhood organizing meeting on Thursday, November 13th, at 7:00 p.m. at the
Louisiana Court community meeting room.
Councilmember Sanger advised that the League of Women Voters is hosting a legislative
candidate forum on Wednesday, October 22nd, at 7:00 p m. in the Council Chambers.
City Council Meeting -9- October 20, 2014
Councilmember Mavity reported that on Thursday, October 23rd, several of the City's
firefighters would be honored at the Hennepin County Shenff s annual tribute for their
exemplary work in November 2013 following the incident in the pond near Highway 7.
She stated the event would take place at 6:30 p.m. at Plymouth Creek Center.
10. Adjournment
Mayor Jacobs adjourned the meeting at 8:34 p.m.
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Nancy Stroth, City Clerk Jeff a o , ayor