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HomeMy WebLinkAbout2014/02/18 - ADMIN - Minutes - City Council - Regular I/f St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA FEBRUARY 18, 2014 1. Call to Order Mayor Pro Tern Sanger called the meeting to order at 7:35 p.m. Councilmembers present: Mayor Pro Tern Susan Sanger, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Deputy City Manager/Director of Human Resources (Ms. Deno), Planning/Zoning Supervisor (Ms. McMonigal), Associate Planner (Mr. Kelley), Housing Supervisor (Ms. Schnitker), Housing Programs Coordinator(Ms. Olson), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations -None 3. Approval of Minutes 3a. Study Session Minutes January 13, 2014 The minutes were approved as presented. 3b. City Council Meeting Minutes January 21, 2014 The minutes were approved as presented. 3c. Study Session Minutes January 27, 2014 The minutes were approved as presented. 3d. Special Study Session Minutes February 3,2014 The minutes were approved as presented. 3e. City Council Meeting Minutes February 3,2014 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- February 18, 2014 4a. Adopt Resolution No. 14-024 approving an On Sale Wine and 3.2 Malt Liquor license renewal for Azeka, Inc., dba Brush Studio, 1651 Park Place Boulevard, for the license year term of March 1, 2014 through March 1, 2015. 4b. Adopt Resolution No. 14-025 to approve St. Louis Park Lions Club's request for placing temporary signs in the public right-of-way. 4c. Adopt Resolution No. 14-026 accepting donation of 15 mattresses from TempurPedic International LLC to the St. Louis Park Fire Department. 4d. Adopt Resolution No. 14-027 accepting the Personal/Professional Service Agreement between the City of St. Louis Park and Hennepin County, and authorizing the Mayor and City Manager to execute this agreement. 4e. Adopt Resolution No. 14-028 authorizing final payment in the amount of$10,489.95 and accepting work for the 2012 Random Concrete Repair project with Ron Kassa Construction, Inc. Project Nos. 2012-0003, 0004, & 0006, City Contract No. 76-12. 4f. Adopt Resolution No. 14-029 supporting MnDOT's proposal to construct a noise wall along the east side of Highway 169 between 14th and 16th Street West. 4g. Approve for filing Revised City Vendor Claims. 4h. Approve for filing Planning Commission Minutes December 18, 2013. 4i. Approve for filing Fire Civil Service Commission Minutes December 18, 2013. 4j. Approve for filing Environment & Sustainability Commission Minutes January 8, 2013. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Mayor Jacobs absent). 5. Boards and Commissions 5a. Appointment of Citizen Representative to Boards and Commissions Councilmember Spano stated that Council would also like to appoint two new members to the Human Rights Commission as part of its action this evening. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to appoint citizen representative Lisa Peilen as Commissioner to the Planning Commission for a term expiring December 31, 2016, to appoint Lawrence Jones to the Human Rights Commission for a term expiring December 31, 2014, and to appoint Savannah Curtin to the Human Rights Commission for a term expiring December 31, 2015. Councilmember Spano pointed out there does not have to be an opening on a commission in order to apply and encouraged interested residents to apply anytime. City Council Meeting -3- February 18, 2014 The motion passed 6-0 (Mayor Jacobs absent). 6. Public Hearings 6a. Public Hearing to Consider Allocation of 2014 Community Development Block Grant(CDBG) Funds. Resolution No. 14-030. Ms. Olson presented the staff report and explained that the allocation amount is expected to remain close to fiscal 2013 funding levels and these funding levels are being used until the 2014 allocation is finalized. She stated the City will receive $195,859 and proposes to use $45,000 for the low income single family emergency repair program, $60,000 for the low income single family deferred loan program, $20,000 for the Homes within Reach program, $23,359 for the St. Louis Park Housing Authority, $20,000 for PPL, $20,000 for Perspectives, Inc., and $7,500 for youth park programming at Meadowbrook. Mayor Pro Tern Sanger opened the public hearing. Mr. Larry Jones, 3000 Highway 100, appeared before the City Council and requested that Council consider providing funds to Vail Place if the funding is ever expanded. Mayor Pro Tern Sanger indicated the City has provided assistance in the past to Vail Place for its facilities within St. Louis Park. Mayor Pro Tern Sanger closed the public hearing. Councilmember Brausen stated there appears to be a substantial demand for the deferred loan program and requested that Council consider funding this program at a higher level in the future. He also requested that Council consider revising the program to shorten the loan forgiveness term to ten years for projects that include energy improvements. Mayor Pro Tem Sanger stated this could be discussed at a future study session. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to adopt Resolution No. 14-030 Approving Proposed Use of 2014 Urban Hennepin County Community Development Block Grant Program Funds and Authorizing Execution of Subrecipient Agreement with Hennepin County and any Third Party Agreements. The motion passed 6-0 (Mayor Jacobs absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. First Reading — Zoning Ordinance Amendments Related to Anaerobic Digesters. City Council Meeting -4- February 18, 2014 Mr. Kelley presented the staff report and proposed Zoning Ordinance amendments to 'allow anaerobic digesters in the I-G General Industrial zoning district and explained the amendments are in response to a specific development concept presented by PLACE at the site of the former McGarvey building that includes a suite of renewable energy recourses including an anaerobic digester. He stated the digester is controlled composting that occurs in an enclosed container within a controlled environment that produces biogas to produce electricity or heat. He explained that the proposed CUP conditions are based on PLACE's concept project and include conditions related to truck traffic, odor, and require that materials deposited from trucks take place in an enclosed system inside the building. He presented photographs of the receiving bin and digester unit, adding that additional conditions also address where material is coming from, how energy is used, and what permitting is involved from other State or County agencies. Councilmember Mavity expressed support for the digester and felt this project has the potential to produce a pilot project that could be replicated in other areas. She asked if this model has been used in other locations and also asked if the success of this project was dependent on PLACE securing a contract for organics recycling or whether it stands on its own. She also asked what leverage the City has to address any adverse smells emanating from the site and whether the digester would be required to be removed if housing does not occur as planned on the site. Mr. Kelley replied that if nuisances occur, staff would go out and check the system to see whether it is functioning as intended and if not, there are additional odor controlling devices that could be required. He stated that staff has been told that during the initial phase there would be odor control and air scrubbers in place and the City would not require installation of additional devices during the initial phase because they may not be needed, however, the City could require additional measures to control odor in the future if the need arose. He added the City could also consider revoking the CUP if the conditions are not met. Mayor Pro Tem Sanger felt it would be better to add a condition that states no odor should be detected beyond the digester so that the City has a clear method of enforcing the ordinance and felt it was PLACE's obligation to comply with that requirement. Mr. Naresh Pallager 7602 South Bay Circle, Bloomington, appeared before the City Council on behalf of PLACE and stated that there are similar digesters in place successfully generating power. Councilmember Mavity asked if there was still a market for this project if PLACE does not secure a contract for organics recycling. Mr. Pallager replied in the affirmative and stated PLACE might get a smaller quantity than they anticipated and they are looking at other sources. Mr. Kelley stated that Council is being asked to amend the Zoning Ordinance to allow anaerobic digesters in the I-G district and stated if a CUP was approved, then the digester could operate on this site. He stated the City would likely not be able to add a condition that requires construction of phase 2, adding that it appears it would not be economically viable to operate only a digester on this site. City Council Meeting -5- February 18, 2014 Councilmember Brausen asked if the City could require that all energy generated be used on site. Mr. Scott replied that the City could add that as a condition. Mr. Kelley noted that in some cases, all of the electricity generated cannot be used on site and they should be allowed to sell the excess electricity back into the grid. Councilmember Lindberg stated he would like the City to promote the project, but was concerned that if the City approved these standards, the City might find itself in the position of deciding whether this is the actual use it wants to see and was hesitant to say yes at this point. Councilmember Mavity asked staff to further research whether the digester is an appropnate use in an area where the City is trying to promote density. Councilmember Spano felt that Council should set its allowable expectations for the digester, e.g., no discernable odor, and allow PLACE to figure out how to meet those expectations with the understanding that the City retains the ability to pull the CUP if they do not meet all the requirements. Mayor Pro Tem Sanger felt there should be no discernable noise at the nearest residential property and requested this be included in the ordinance. She also requested further information about truck traffic carrying the end products not used on site. She expressed concern about potential fire hazards from the gases being produced and questioned whether there should be an insurance requirement to deal with hazardous issues. She also felt the City needed to find a way to tie the digester to the housing project and did not think using the site for the digester alone was a good economic use of the property. Councilmember Brausen suggested that Council consider creating a separate zoning district for properties that qualify for placement of a digester so the City could determine whether it should rezone a particular property for this purpose. Ms. McMonigal stated the City has developed conditions for this type of use anywhere in the I-G district and felt there were sufficient safeguards in place with the CUP process. Councilmember Mavity stated she would prefer to approve first reading and have a study session discussion to address Council's ongoing concerns prior to second reading. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to approve First Reading of Ordinance Amending the St Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-4, 36-142, and 36-244, and to set Second Reading for March 3, 2014. The motion passed 6-0 (Mayor Jacobs absent). 8b. Law Enforcement Labor Services (LELS) Local#218 Police Sergeants Labor Agreement 2014-2015. Resolution No. 14-031. Y t City Council Meeting -6- February 18, 2014 Ms. Deno presented the staff report and advised that the LELS Local #218 contract is a two-year contract with a 2% wage increase for 2014 and a 2.5% wage increase for 2015 and the employer contribution for health insurance is consistent with other groups. She stated this contract also includes assignment pay of$360, for crisis negotiators which is the same amount provided to other staff assigned to the Emergency Response Unit and the contract provides double time pay for unscheduled hours on Christmas and Thanksgiving and is consistent with the Patrol and Local 49 groups. It was moved by Councilmember Spano, seconded by Councilmember Brausen, to adopt Resolution No. 14-031 Approving the Labor Agreement between the City of St Louis Park and Law Enforcement Labor Services, Local #218 Police Sergeants (January 1, 2014—December 31, 2015). The motion passed 6-0 (Mayor Jacobs absent). 8c. Law Enforcement Labor Services (LELS) Local #220 Dispatch Labor Agreement 2014-2015. Resolution No. 14-032. Ms. Deno presented the staff report and advised that the LELS Local #220 contract is a two-year contract with a 2% wage increase for 2014 and a 2.5% wage increase for 2015, the employer contribution for health insurance is consistent with other groups, and provides double time for Christmas and Thanksgiving, consistent with the other union groups. She stated that the Police Chief has requested special recognition for five dispatchers who performed outstanding work under extreme staffing conditions and the contract provides a one-time net payment of$250 to each of the five dispatchers. Councilmember Mavity stated she was proud of the staff and proud of the City for recognizing its employees. Other Councilmembers also agreed with Councilmember Mavity and are appreciative of the work of dispatch staff. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to adopt Resolution No. 14-032 Approving the Labor Agreement between the City of St. Louis Park and Law Enforcement Labor Services, Local #220 Police Dispatchers (January 1, 2014—December 31, 2015). The motion passed 6-0 (Mayor Jacobs absent). 8d. Mayor Pro Tem Policy. Resolution No. 14-033. Ms. Deno presented the staff report and proposed policy relating to the appointment of the Mayor Pro Tern, which provides that the Mayor Pro Tern shall rotate every four months with appointments based on seniority. She noted that if a question arose regarding seniority with councilmembers elected at the same time, the rotation would be based on alpha by last name. Mayor Pro Tern Sanger asked what would happen if a councilmember had to resign. Mr. Scott advised that if for any reason a councilmember were unable or unwilling to serve as Mayor Pro Tem, the position would go to the next person based on seniority. City Council Meeting -7- February 18, 2014 Councilmember Spano stated the policy appears to state that if, for example, Councilmember Brausen was Mayor Pro Tern and had to step down, Councilmember Lindberg would step in and fill out the balance of Councilmember Brausen's rotation as Mayor Pro Tern and then serve his rotation as Mayor Pro Tern. Ms. Deno stated that the policy provides that in the absence of the Mayor and Mayor Pro Tem, the most senior available Councilmember will serve as Acting Mayor Pro Tern. Mr. Harmening stated that staff would review the policy and clarify the issues raised. It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to direct staff to add additional language regarding rotation to the proposed resolution amending the St. Louis Park City Council Rules of Procedure Relating to the Appointment of the Mayor Pro Tem. The motion passed 6-0 (Mayor Jacobs absent). It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to adopt Resolution No. 14-033 Amending and Restating Resolution 14-003 Regarding Appointment of Councilmembers to the Office of Mayor Pro Tem. The motion passed 6-0 (Mayor Jacobs absent). 9. Communications Mayor Pro Tem Sanger stated the City's streets are becoming very narrow due to all the snow with some streets becoming impassable and the City is implementing a mandatory system of parking only on the odd side of those streets that are the most difficult. Mr. Harmening stated the City will be sending out notification to property owners who will be affected by the parking restrictions and signs will be posted later this week. Mayor Pro Tern Sanger stated the City recognizes this will cause some inconvenience and the City does not take this step lightly, but the City has the responsibility to keep its roads open and accessible. She stated that once the signs are posted, the City can enforce the parking restriction and vehicles will be ticketed and towed. She thanked residents for their cooperation and stated these restrictions will be in effect until the end of the winter. Mayor Pro Tern Sanger reminded residents of the annual home improvement fair on February 23'1 at Eisenhower Community Center in Hopkins from 10:30 a.m. to 3:30 p.m. Mr. Harmening reminded residents of the Health in the Park community meeting on Thursday, February 20th, from 6:30-8:30 p.m. at the Marriott West Hotel. Councilmember Brausen expressed thanks to TempurPedic for the donation of fifteen mattresses for use in the fire stations. 10. Adjournment The meeting adjourned at 8:40 p.m. Nancy Stroth,tity Clerk /Susan Sange , Mayor Pro Tern