HomeMy WebLinkAbout2015/02/17 - ADMIN - Minutes - City Council - Regular J1/ St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
FEBRUARY 17, 2015
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,
Susan Sanger, and Jake Spano.
Councilmembers absent: Anne Mavity.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr Scott), Chief of Police (Mr
Luse), Chief Information Officer (Mr. Pires), Senior Planner (Mr Walther), Controller (Mr.
Swanson), Civic TV Coordinator (Mr. Dunlap), Assistant Zoning Administrator (Mr. Morrison),
Housing Programs Coordinator (Ms. Olson), Utilities Superintendent (Mr. Hall), Finance
Supervisor (Mr. Heintz), Organizational Development Coordinator (Ms. Gothberg), and
Recording Secretary (Ms. Hughes).
Guest: Brian Grogan (Moss &Barnett).
1 a. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Retirement Recognition Resolution for Dispatcher Julie Shipman
Mayor Jacobs recited the Resolution recognizing the contributions of and expressing
appreciation to dispatcher Julie Shipman for her nearly 33 years of dedicated service.
Mr. Harmening stated that the public does not see the dispatchers who are sitting in a
room in front of a computer terminal answering important calls and they are instrumental
in helping police officers and firefighters stay safe. He stated that the dispatchers are a
lifeline and do a great job responding to requests from the public. He stated he was
happy that Ms. Shipman was with the City for so many years to respond to the
community's needs and thanked her for her service.
2b. Proclamation Honoring National Nutrition Month
Mayor Jacobs recited the proclamation honoring National Nutrition Month and
introduced Sharon Lehrman and thanked her for all her efforts with Health in the Park.
3. Approval of Minutes
3a. Study Session Minutes January 26, 2015
Councilmember Sanger requested that the second paragraph under agenda item #1 on
page 1 be revised to state "Councilmember Sanger requested that Council allot more time
to discuss the McGarvey site purchase and whether to consider delaying the purchase
City Council Meeting -2- February 17, 2015
until the City has a better idea about whether the Bel-time Xenwood underpass is going to
be built."
The minutes were approved as amended.
3b. Special Study Session Meeting Minutes February 2, 2015
The minutes were approved as presented.
3c. City Council Meeting Minutes February 2, 2015
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
appropnate section of the regular agenda for discussion
4a. Adopt Resolution No. 15-018 to recognize Dispatcher Julie Shipman for her nearly 33
years of service to the City of St. Louis Park.
4b. Adopt Resolution No. 15-019 authorizing the special assessment for the repair of the
sewer service line at 6718 Minnetonka Boulevard, St. Louis Park, Minnesota P I.D.
08-117-21-44-0043.
4c. Adopt Resolution No. 15-020 authonzing the special assessment for the repair of the
water service line at 3908 Sunset Boulevard, St. Louis Park, Minnesota P.I.D. 31-029-
24-44-0120.
4d. Adopt Resolution No. 15-021 Supporting Move MN Campaign.
4e. Approve for filing Environment & Sustainability Commission: Sustainable SLP
meeting minutes of January 7, 2015.
4f. Approve for filing Planning Commission meeting minutes of January 21, 2015.
It was moved by Councilmember Lindberg, seconded by Councilmember Spano, 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 (Councilmember Mavity absent).
5. Boards and Commissions
It was moved by Councilmember Brausen, seconded by Councilmember Hallfan, to
appoint Patrick Noon to the Bassett Creek Watershed Management Commission for a
term expiring January 31, 2017, and to appoint Paul Zeigle to the Environment &
Sustainability Commission Sustainable SLP for a term to expire December 31, 2017
The motion passed 6-0 (Councilmember Mavity absent).
City Council Meeting -3- February 17, 2015
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2015 Community Development
Block Grant (CDBG) Funds. Resolution No. 15-022.
Ms. Olson presented the staff report and explained that each year the City receives
federal (HUD) funds distributed through Hennepin County and the 2015 funding levels
are expected to remain close to the 2014 levels and these figures were used for planning
purposes until the 2015 allocation is finalized. She stated the City will receive $199,308
in 2015 and the proposed use of the 2015 CDBG funds reflects the City's priorities to
preserve existing housing and increase ownership opportunities. She stated that the 2015
proposed allocations are $50,000 for the low income single family emergency repair
program, $60,000 for the low income single family home rehab loan program, $20,000 to
Homes within Reach, $10,808 to the St. Louis Park Housing Authority for rehab of
scattered home sites, $21,000 to Wayside Supportive Housing improvements, $30,000 to
Perspectives, Inc., and $7,500 for youth park programming at Meadowbrook Park.
Mayor Jacobs opened the public hearing.
Mr. Bill O'Mara, Community Action Partnership, thanked the City for its ongoing
support and stated it has been an honor working with the City.
Ms. Karina Forrest-Perkins, Wayside House, thanked the City for its longstanding
support and stated the City has been a source of consistent support for the women at
Wayside House and gives them a chance to live a rewarding life and stop the cycle of
poverty.
Mayor Jacobs closed the public hearing.
Councilmember Brausen supported the proposed 2015 allocation and commended staff
for taking a small amount of money and spreading it among a variety of programs that
have a positive impact. He urged Council to consider contributing City funds in the
future to the low income single family repair program and single family home rehab
program and felt it was important to assist these residents and preserve the City's existing
housing stock.
It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to
adopt Resolution No. 15-022 Approving Proposed Use of 2015 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 (Councilmember Mavity absent).
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Comcast Franchise Transfer Approval. Resolution No. 15-023.
City Council Meeting -4- February 17, 2015
Mr. Dunlap presented the staff report and introduced Mr. Brian Grogan from Moss &
Barnett.
Mr. Grogan provided historical background regarding the pending merger of Comcast
and Time Warner Cable and explained that Comcast has agreed to divest itself of
approximately 4 million customers as part of the merger, with 1.4 million customers
being purchased by Charter Communications and 2.5 million customers purchased by
Midwest Cable, a new entity that will be renamed GreatLand Connections following the
closing. He stated Midwest Cable will be a separate publicly traded company with a
separate board of directors and will be 1/3 owned by Charter Communications and 2/3
owned by Comcast subscribers. He explained that all field and technical operations will
be owned and operated by Midwest Cable following the merger and many of the
operational services and customer service will be provided by Charter pursuant to an
agreement whereby Midwest Cable will pay Charter 4.25% of all voice, video and data
revenues as well as actual costs incurred. Charter will provide all programming services
under the "Spectrum" suite of services. He stated that St. Louis Park residents who are
currently Comcast "Tnple Play" customers will be able to keep their telephone number
and their Comcast Xfinity equipment, however, if Comcast customers have a
Comcast.net email, their email will change to a Charter.com domain. He advised that
Comcast has indicated it will provide adequate advance notice and a continuation of the
Comcast.net domain for a period of months after the transition. He discussed the
financial review conducted by the City's consultant and stated that the financial report
prepared for the City lays out a number of concerns as well as positive outcomes. He
presented an updated resolution for Council consideration and advised that Comcast and
Midwest Cable have agreed to the conditions, including Midwest Cable's assumption of
all Comcast obligations, known and unknown, and an agreement by Midwest Cable to
provide the City with a corporate guarantee for the operating entity related to its financial
abilities. He stated there will also be a separate guarantee indicating that rates will not
increase as a result of the costs of the transaction; however, that does not guarantee that
programming rates will not increase if programming costs go up. He advised that
Midwest Cable is committed to meet quarterly with City staff for two years following the
close of the transaction to address customer service issues and Midwest Cable agreed to
maintain an "escalated complaint program" to help subscnbers. He stated that Midwest
Cable will pay the City $8,000 to settle underpaid franchise fees and will maintain free
cable to schools and public buildings; in addition, Midwest Cable agreed to reimburse all
of the City's costs for outside legal and financial consultants.
Mr. Pires stated that customer service has always been a top pnonty and City staff will
work hard with residents on the changes.
Councilmember Sanger stated she would support this because she did not think the City
had any choice. She stated it was a rocky transition when Comcast took over from Time
Warner, and she received so many complaints about poor service that she wrote a letter to
the Comcast CEO. It doesn't give hope for a smooth transition this time, but she hopes
that the Federal Government would manage the process in a way that minimizes the pain
for residents. She said that she was concerned that the costs would go up for customers
and the service would go down.
Councilmember Spano asked if the City was able to negotiate any compensation to the
City for all the staff time that will be spent on this transfer.
City Council Meeting -5- February 17, 2015
Mr. Grogan replied that additional compensation for staff time was not negotiated and
pointed out that obtaining additional funds to offset administrative expenses would have
created problems under the terms of the existing franchise.
Councilmember Lindberg said that he didn't see any benefit to residents in the
transaction and that he didn't think we had much choice, but he appreciated staff's efforts
and particularly all the work that has gone into protecting residents
It was moved by Councilmember Brausen, seconded by Councilmember Spano, to adopt
Resolution No. 15-023 Approving the Transfer of the Cable Franchise and Change of
Control of the Grantee.
The motion passed 6-0 (Councilmember Mavity absent)
8b. Consideration of Application for Zoning Text Amendments Relating to
Outside Storage. Resolution No. 15-024.
Mr. Morrison presented the staff report and provided background information regarding
the property and surrounding area. He stated that the Planning Commission received Mr.
Bell's requested zoning text amendments and tabled consideration so that staff could
meet with the applicant and review the conditions. He advised that staff met with the
applicant and made further recommendations, which were accepted by the applicant, and
the matter was brought back to the Planning Commission on January 21, 2015, at which
time the Planning Commission recommended denial of all of the requested text
amendments. He reviewed the proposed zoning text amendments and advised that staff
disagrees with the legally non-conforming interpretation provided by the applicant He
stated that Tim's Tree Service is operating illegally and any change of the Code cannot
make that use a legal non-conforming use. He stated that throughout this process, the
City Attorney has reviewed the Code and has confirmed staff's findings that the language
in the City Code is clear and does not require clarification. He discussed the goals of the
Comprehensive Plan related to General Industrial and Industnal Park properties and the
various uses allowed as well as the primary differences between the two zoning distncts.
He also discussed the definition of "pnncipal use" and "accessory use" that indicates
outdoor storage cannot occupy an area on the property that exceeds 25% of the floor area
of the building also occupying the property. He presented an aerial photograph of the
property and described the uses of the surrounding area and Mr. Bell's property He also
described the nonconforming uses in the district and stated that any change to the City
Code would be applied to all Industrial Park properties in the City. He stated that a
significant amount of work went into the 1989 and 1991 studies and focused on
mitigating impacts to surrounding properties, adding that the result of the 1991 study was
to rezone the Florida/Edgewood Avenue industrial area to the existing lighter industrial
zoning district.
Mr. James Smith, attorney for Mr. Martin Bell, stated the vacant lots across the street are
used for employee parking or storage of vehicles or equipment used in coordination with
the building's office and warehouse facilities. He stated Mr Bell used to run a wholesale
liquor operation out of the building where Tim's Tree Service is now and that is where
the liquor trucks would sit overnight and for 20 years, Mr. Bell was operating illegally
under the City's interpretation. He referred to the October 6, 2014, City Council minutes
and a comment that there has to be a better way than forcing Tim's to leave and forcing
City Council Meeting -6- February 17, 2015
Mr. Bell to have issues with tenancy when he has a tenant contributing to the community
and not being a nuisance. He also referenced a question by Councilmember Mavity
about whether any use of this property could constitute a legal use. He stated there was
no principal use that Tim's Tree Service is operating under and the default has to be that
it is outdoor storage, however the Code does allow for a principal use to be a parking lot
but apparently the parking lot does not include parking on that property at night He
stated they feel there has to be a better way than saying parking at night is somehow such
a detriment that it should be outlawed. He stated there has been some reference to the
previous studies and noted there are six vacant lots in the Industnal Park zoning district
affected by the requested text amendment, three of which are owned by Mr. Bell and they
do not think there will be problems with a significant amount of outdoor storage if the
text amendment is approved. He stated they believe that Tim's Tree Service is not a
nuisance and has been operating since November 2013 with no complaints, adding there
are protections built into the requested text amendment to handle City staff concerns.
Councilmember Hallfin requested further information about the history of the studies and
the reason the studies were conducted.
Mr. Morrison provided historical background regarding the studies that resulted in the
area being rezoned from a heavy industrial district to a light industrial district. He stated
that industrial properties in this area have invested in their properties and are looking to
protect that investment with an industnal park setting where employees can work with
reasonable quiet and where no vehicles are being worked on outside and no materials are
being moved around outside. He stated that the City has received complaints about
erosion resulting from the materials being hauled by Tim's Tree Service and the amount
of traffic and noise generated by the bus company. He stated that the area is subject to
flooding, and much of that water goes into the buildings on the adjacent property. It was
alleged in the complaint that the materials brought in by Tim's Tree Service displace the
water into the adjacent properties, causing erosion and potentially more flooding.
Councilmember Lindberg asked if Mr. Bell has responded to the concerns about erosion.
Mr. Morrison replied that Tim's Tree Service has addressed the concerns to some degree
but will have to wait until spring to finish the repairs.
It was moved by Councilmember Sanger, seconded by Councilmember Lindberg, to adopt
Resolution No. 15-024 Denying Application for Zoning Text Amendments
The motion passed 6-0 (Councilmember Mavity absen
8c. Comprehensive Plan Amendments Related to Planned Unit Developments.
Resolution No. 15-025.
Mr. Walther presented the staff report and explained that the changes to the PUD
Ordinance provide Council with additional discretion when approving PUDs, including
additional flexibility related to density, and the proposed amendments to the
Comprehensive Plan are consistent with the recently approved PUD Ordinance and
remove density limitations in the High Density Residential, Commercial, Mixed Use, and
Office land use categories and would allow additional flexibility to allow a higher density
with a PUD.
City Council Meeting -7- February 17, 2015
It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to adopt
Resolution No. 15-025 Approving Amendments to the 2030 Comprehensive Plan for the
City of St Louis Park under Minnesota Statutes 462.351 to 462 364
The motion passed 6-0 (Councilmember Mavity absent).
8d. Bid Tabulation—Water Meter Replacement— Project#50150001
Mr. Swanson presented the staff report and advised that TKDA analyzed the bids on a
25-year life cycle and determined that Ferguson Waterworks was the lowest cost
responsible life cycle bidder. He stated that the City's utility rates have been analyzed
and rate adjustments have been factored into the Utility Funds to finance the project
Councilmember Lindberg asked if the bid reflects the City's estimated cost for this
project. He also asked if the City received feedback from other cities about Ferguson
Waterworks and asked if background checks are done on Ferguson employees.
Mr. Swanson replied that the City's estimated cost of the project was $3.6 million. He
advised that the City of Maple Grove spoke highly of Ferguson Waterworks. He also
confirmed that Ferguson Waterworks conducts background checks on its employees.
Councilmember Sanger requested clarification about the bid process and the total
package bid that was $200,000 cheaper than the Ferguson Waterworks bid.
Mr. Swanson acknowledged that the lowest bidder was $200,000 less but the City
focused on a 25-year life cycle because the meters will need to be replaced at 14 years.
He advised that City staff spoke extensively with the City Attorney to make sure the City
could award the bid based on a 25 year low cost life cycle, adding that the City has been
forthnght with all the vendors in stating that the City wanted the lowest life cycle bidder
versus lowest responsible bidder and the City followed all bidding requirements.
It was moved by Councilmember Brausen, seconded by Councilmember Spano, to
designate Ferguson Waterworks as the lowest cost responsible life cycle bidder and to
authorize the execution of a contract with the vendor in the amount of$3,423,102 70 for
Water Meter Replacement—Project#50150001
The motion passed 6-0 (Councilmember Mavity absent)
9. Communications
Mayor Jacobs reminded residents about the home remodeling fair on Sunday, February
22nd, from 10:30 a.m.-3:30 p.m. at the Eisenhower Community Center
10. Adjournment
Mayor Jacobs adjourned the meeting at 9.17 p m
Nancy Strot , City Clerk Jeff Jacob 1M �;or