HomeMy WebLinkAbout2014/10/06 - ADMIN - Minutes - City Council - Regular (ffSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
OCTOBER 6,2014
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 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), City Attorney (Mr. Scott), City Clerk (Ms.
Stroth), Director of Engineering (Ms. Heiser), Planning/Zoning Supervisor (Ms. McMonigal),
Assistant Zoning Administrator (Mr. Morrison), Senior Engineering Project Manager (Mr.
Shamla), Housing Programs Coordinator(Ms. Olson), and Recording Secretary(Ms. Hughes).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Recognition of Donation
Mayor Jacobs expressed thanks to Susan Slater for her $250 donation to be used for the
purchase of fire prevention materials and equipment.
3. Approval of Minutes
3a. Special Council Meeting Minutes August 8,2014
Councilmember Spano requested that the first page of the minutes reflect his attendance
at the meeting.
The minutes were approved as amended.
3b. City Council Meeting Minutes September 2, 2014
Councilmember Sanger requested that the third line of the first paragraph on page 3 be
revised to state "two-bedroom units, and four to one-bedroom + den units along with
structured parking. He..."
The minutes were approved as amended.
3c. . Study Session Meeting Minutes September 8, 2014
Councilmember Spano requested the addition of a paragraph on page 2 after the third
paragraph that states "Councilmember Spano was supportive of looking at a pedestrian
City Council Meeting -2- October 6, 2014
bridge over Highway 7 given the amount of foot traffic coming from the Blake Road
light rail station."
The minutes were approved as amended.
3d. Special Study Session Meeting September 15, 2014
The minutes were approved as presented.
3e. City Council Meeting Minutes September 15, 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.
4a. Adopt Resolution No. 14-109 authorizing final payment in the amount of$17,981.22
and accepting work for Project No. 2012-1500: Elevated Storage Tank No. 3
Rehabilitation and Recoating with Classic Protective Coatings, Inc., City Contract No.
48-13.
4b. Adopt Resolution No. 14-110 authorizing special assessments for the replacement of
various water service lines.
4c. Approve a Temporary On-Sale Intoxicating Liquor License for the Job's Daughters
Foundation of Minnesota, Inc. for a wine tasting event to be held on October 18, 2014
at the Paul Revere Masonic Center, 6509 Walker Street in St. Louis Park.
4d. Adopt Resolution No. 14-111 appointing additional Election Judges needed to staff
the polls at the State General Election to be held November 4, 2014.
4e. Accept for filing City Disbursement Claims for the period of August 23 through
September 26, 2014.
4f. Adopt Resolution No. 14-112 authorizing calling for a Public Hearing on November
3rd on the issuance of educational facilities revenue bonds and authonzing the
publication of a notice of the hearing for the Groves Academy Project.
4g. Adopt Resolution No. 14-113 authorizing the special assessment for the repair of the
water service line at 2717 Louisiana Avenue South, P.I.D. 08-117-21-42-0063.
4h. Adopt Resolution No. 14-114 authorizing the special assessment for the repair of the
sewer service line at 3232 Edgewood Avenue South, P.I.D. 17-117-21-14-0037.
4i. Adopt Resolution No. 14-115 authorizing the special assessment for the repair of the
sewer service line at 3505 Pennsylvania Avenue South, P.I.D. 17-117-21-31-0010.
4j. Adopt Resolution No. 14-116 authorizing the special assessment for the repair of the
water service line at 9109 24th Street West, P.I.D. 07-117-21-24-0018.
4k. Adopt Resolution No. 14-117 accepting a $250 Donation from Susan Slater for the
purchase of fire prevention materials and equipment.
City Council Meeting -3- October 6, 2014
41. Adopt Resolution No. 14-118 authorizing final payment in the amount of$21,102.51
for the Street Sealcoat Project (Area 6) with Allied Blacktop Company - Project No.
4014-1206, City Contract No. 42-14.
4m. Include the installation of sidewalk along the north side of 42nd Street from
Princeton/Quentin Avenue to the St. Louis Park City limit as part of the 2014
Pavement Management Project and to Adopt Resolution No. 14-119 authorizing
installation of"No Parking"restrictions on a segment of 42nd Street.
4n. Approve and execute the Memorandum of Understanding (MOU) with the City of St.
Louis Park for Design and Implementation of the Southwest Light Rail Transit Project
(SWLRT) in St. Louis Park.
4o. Approve for filing Planning Commission minutes of August 6, 2014.
Councilmember Spano requested that Consent Calendar item 4n be removed and placed
on the Regular Agenda.
Mr. Harmening informed Council that the resolution in Consent Calendar item 4m was
incomplete and should read, "NOW THEREFORE BE IT RESOLVED by the City
Council of the City of St. Louis Park, Minnesota, that the Engineering Director is hereby
authorized to install no parking restrictions on the north side of
42nd Street between Princeton Avenue and the St. Louis Park City limit." He noted this
change has been made to the resolution.
It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to
approve the Agenda and items listed on the Consent Calendar as amended to move
Consent Calendar item 4n to the Regular Agenda as item 8c; and to waive reading of all
resolutions and ordinances.
The motion passed 7-0.
5. Boards and Commissions
It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to
appoint the following citizen representatives:
Environment& Sustainability Commission:
Nancy Rose(term expiring December 31, 2016)
Karen Kaphingst(term expiring December 21, 2015)
Human Rights Commission:
David Hamm (term expiring December 31, 2017)
Anita Beaton(term expiring December 31, 2017)
Katherine Arnold(term expiring December 31, 2017)
The motion'passed 7-0.
Councilmember Brausen stated opportunities are available for residents interested in
serving on a board or commission and encouraged interested residents to come forward.
City Council Meeting -4- October 6, 2014
Councilmember Mavity stated there are a number of vacancies for youth commissioners
on several commissions and encouraged any interested youth to apply.
6. Public Hearings
6a. Zoning Determination Appeal—Mr. Martin Bell and Martin Bell Properties,
LLC, 2211 Florida Ave South. Resolution No. 14-120
Mr. Morrison presented the staff report and the appeal by Mr. Marty Bell and Martin Bell
Properties, LLC, appealing staff's determination that outdoor storage is being conducted
and is not permitted in the Industrial Park zoning district as a principal use. He recited
the applicable provisions of the Ordinance regarding principal use and accessory use,
outdoor storage, and permitted uses and presented several pictures of the outdoor storage
area on the north half of the parcel, which was recently enclosed by a fence and contains
contractor trucks, boom trucks, dumpsters, landscaping materials, and remnants of trees.
He stated that since outdoor storage is the only use occurring on the appellant's land, it is
considered a principal use and is not permitted. He advised that BOZA conducted a
hearing on July 24, 2014, and voted to uphold staff's determination.
Mayor Jacobs opened the public hearing.
Mr. Martin Bell stated he has owned this property for 27 years and it is a unique piece of
property where there is no parking adjacent to the building and parking is across the
street. He disagreed with staff's interpretation regarding "land" and stated the tenant at
2220 Florida Avenue uses the fenced-in area to park employee cars and uses the building
as their offices. He felt that Tim's Tree Service was an essential member of the
community and deserves some consideration as to the use of the property. He did not
believe there was any violation of City Code and stated Tim's Tree Service has cleaned
up the property and is only moving his trucks in and out and Tim's Tree Service does not
do any wood chipping on the property and logs are loaded into containers and then
removed.' He requested that the City Council recognize that the property is unique and
allow them to continue to have Tim's Tree Service as an operator.
Councilmember Spano questioned Mr. Bell's definition of land.
Mr. Bell stated the land has been used as an accessory piece of land to the building and
was permitted by the City to be used for parking and storage.
Councilmember Mavity requested further information about the principal use of the
parcel in question. She also asked if the City has any documentation regarding the permit
for parking referred to by Mr. Bell.
Mr. Morrison stated that previous city codes allowed accessory parking to occur on a
separate parcel from the principal use if there is not enough room for parking. He added
that written authorization was required and staff and the appellant have been unable to
locate any such documentation. He stated that while the assumption is made that the City
has allowed accessory parking, the parking is for customers and employees only and the
City cannot allow other accessory uses to come over onto that land. He added there is no
principal use of the land at this time and it is a vacant parcel.
City Council Meeting -5- October 6, 2014
Councilmember Mavity asked if a CUP is allowable for these types of uses.
Mr. Morrison replied a CUP is allowed to permit accessory parking for employees and
customers on the parcel.
Mr. Scott explained the City Code does not define the term "land" in its Ordinance, but
the only rational way to interpret the term "land"in connection with the provision dealing
with accessory uses is that the accessory use has to be on the same parcel as the principal
use. He stated the City's interpretation is that it has to be one parcel and contiguous piece
of land and in this case, the other parcel is located across the street. He stated the parcel
with the principal use is held by one entity and the other parcel is held by another entity
with separate tax ID numbers. He stated it was his understanding there has been some
use of the parcel across the street for parking in connection with the office warehouse but
there was never any official recognition of that. He pointed out this is an accessory use
involving a contractor's yard with heavy equipment in a fenced-in area that is not used
for parking, which is only allowed as an accessory use on the same land and the City is
interpreting"land"to mean the same physical land where the principal use is located.
Councilmember Hallfin stated this is a flat, vacant piece of land that has been paved and
is zoned for industrial. He felt common sense should prevail and the current use of the
property seems fine for this particular area. He suggested that Council consider changing
the zoning of the land in question.
Councilmember Mavity asked if there was any other way to designate this property
within the current City Code in which the principal use would be for this storage.
Mr. Morrison stated that outdoor storage is not allowed in this zoning district as a
principal use, and the only alternative would be to change the City Code to allow outdoor
storage as a principal use, adding that this zoning change would be city-wide and would
impact all other industrial properties.
Mr. Bell stated when they bought the property it was zoned industrial and some of the
neighbors were uncomfortable so the businesses in the area got together with the City and
neighborhood and agreed to change the property to Industrial Park and it has been a
peaceful community with no problems and he felt this was the best use for the property.
He noted there are buses parked behind the property belonging to the bus company on the
other side and they do not have an office there and he felt this was no different than what
Tim's Tree Service is doing and it seems the City is being inconsistent.
Mr. Morrison stated that the property referred to by Mr. Bell has outdoor storage as an
accessory use and it is not a principal use.
Councilmember Lindberg agreed that while common sense should prevail, he was
concerned about the problems created by any change in zoning.
Mayor Jacobs closed the public hearing.
It was moved by Councilmember Sanger, seconded by Councilmember Lindberg, to adopt
Resolution"No. 14-120 Adopting Findings and Decision Upholding the Board of Zoning
Appeals (BOZA)Denial of Appeal of Martin Bell Properties, LLC.
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City Council Meeting -6- October 6, 2014
Councilmember Hallfin agreed Council should uphold BOZA's decision but felt that the
appellant has a use that fits in this industrial area, and Mr. Bell may wish to pursue a
change in zoning.
Councilmember Brausen spoke in favor of Council reviewing the Ordinance to see if this
type of use should be allowed as a CUP on a case-by-case basis.
The motion passed 7-0.
6b. Public Hearing to Consider First Reading of 2015 Fee Ordinance
Ms. Stroth presented the staff report and proposed 2015 fee ordinance. She stated the fee
ordinance, is reviewed each year based on comparison to other cities, changes in
regulations, and to cover the business costs for providing services. She noted the
proposed fee increases have been incorporated in the 2015 budget and if approved, the
fee increases will be effective January 1, 2015.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Hahn, seconded by Councilmember Brausen, to
approve First Reading of Ordinance Adopting Fees for Calendar Year 2015 and to set
Second Reading for October 20, 2014.
Councilmember Spano requested further information about the fees for false alarms.
Mr. Harmening stated the City's false alarm fees are not out of line compared to
neighboring communities and acknowledged the City should have been incrementally
increasing these fees in the past. He stated the increases are intended to recover some of
the City's costs and the false alarm fee for commercial properties was increased because
it takes longer to clear a commercial building versus a residential property.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. First Reading of Construction Management Plan Ordinance
Ms. Olson presented the staff report and advised that the Construction Management Plan
(CMP) is intended to proactively address neighborhood concerns related to construction
projects would be applied to tear downs or demolitions where more than 50% of the
exterior walls are removed, new construction, or construction of a major addition to all
one and two family dwellings. She stated that written notification must be provided to
property owners within 200' of the construction property at least seven calendar days
before construction begins and a neighborhood meeting and signage is required for
demolitions and new construction. She stated that staff has been speaking with permit
applicants over the last two months about the proposed CMP and applicants have
City Council Meeting -7- October 6, 2014
indicated they understood the CMP and have voluntarily complied with the written
notification requirement.
Councilmember Lindberg requested confirmation that the neighborhood meeting is
intended to provide facts about the construction project in general and is not intended to
allow input or comment on the design of the project.
Ms. Olson replied that this was correct.
Councilmember Sanger asked why the CMP applied only to one and two family
properties. She felt that the process of notification should be applied to anyone building
an apartment complex or other kinds of buildings as well. She requested that the City
ensure that property owners of record pass along any written notification to renters living
in properties within the notification area.
Ms. Olson stated the City's intent is to provide written notification to everyone living
within the notification area whether they are owners or renters.
Councilmember Sanger requested that this provision be clarified for Second Reading.
Mr. Harmening stated the CMP applies to one and two family dwellings because of the
scale of an addition to a single-family home, which is different than an apartment
building. He acknowledged this does not mean the City should not follow a process for
neighborhood input on apartment building projects but because those types of projects are
larger in scale, they typically require CUPs or PUDs where neighborhood meetings are
held and the public is generally more aware of these types of projects versus a project for
a single family home.
Councilmember Sanger requested that Council consider whether it should expand the
Ordinance to include larger properties or whether to further formalize the neighborhood
input process.
Councilmember Brausen agreed with Councilmember Sanger and felt the Ordinance
should extend the same requirements to all projects.
Councilmember Mavity felt the City does a good job of keeping the public informed and
she applauded this expansion of the Ordinance, but she also wanted to be careful about
going too far and did not want to make the regulations too unwieldy.
It was moved by Councilmember Lindberg, seconded by Councilmember Spano, to
approve 'First Reading of Ordinance 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 and to set Second
Reading for October 20, 2014.
The motion passed 7-0.
I 1-
8b. Highway 7 and Louisiana Avenue Supplemental Agreement No. 1
City Council Meeting -8- October 6, 2014
Mr. Shamla presented the staff report and explained that the increase in cost is due to
additional contaminated soil on the site. He stated that 65,000 cubic yards of clean
material must be imported for a total price of approximately $671,000 and the overall
estimated cost of the project has been updated to $34,550,000. He advised the contractor
is projecting all roads and ramps will be open November 15, 2014, and final cleanup
completed in June 2015. He also introduced Mr. Mark Dierling from SEH, Inc.
Councilmember Sanger stated that in the future the City needs to do a better job of
identifying environmental hazards or poor soil conditions at the beginning of a project
rather than being hit with surprise charges later on.
It was moved by Councilmember Spano, seconded by Councilmember Hallfin, to approve
Supplemental Agreement No. 1 to Contract No. 65-13, Highway 7/Louisiana Interchange
Project—Project No. 2012-0100.
The motion passed 7-0.
8c. Memorandum of Understanding (MOU) with the City of St. Louis Park for
Design and Implementation of the Southwest Light Rail Transit Project
(SWLRT) in St. Louis Park
Councilmember Spano stated he pulled this item from the Consent Calendar in order to
make note of the actual passing of the MOU with Met Council and to point out that the
document looks slightly different than what was passed by the City Council in July. He
explained the City's consent has not changed, the MOU has been reviewed by the City
Attorney, and the MOU aligns with the document passed this summer, and the only
change is to,the format that was changed by Met Council to align with their template.
It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to
approve,and execute the Memorandum of Understanding (MOU) with the City of St.
Louis Park for Design and Implementation of the Southwest Light Rail Transit Project
(SWLRT ) in St. Louis Park
Councilmember Mavity stated that Council's#1 priority on the SWLRT project relates to
the unfunded capital improvements needed to make this project work well for the
community, including grade and trail separations at Beltline and Wooddale, and Council
will continue to work with Met Council on these capital improvements.
The motion passed 7-0.
9. Communications
Mayor Jacobs reminded residents about the 33rd annual Halloween party at Westwood
Hills Nature Center on October 17 and 18 and stated further information is available on
the City's website.
10. Adjournment
Mayor Jacobs adjourned the meeting at 8:45 p.m.
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Nancy Stroth,City Clerk Jeff Jac s, yor