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HomeMy WebLinkAbout2019/05/20 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota May 20, 2019 1. Call to order Mayor Spano called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, and Thom Miller. Councilmembers absent: Margaret Rog Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms. Barton), Management Assistant (Ms. Carrillo Perez), Solid Waste Specialist (Ms. Barker), Public Works Services Manager (Mr. Merkley), Water Resources Manager (Mr. Francis), Engineering Director (Ms. Heiser), Planner (Ms. Monson), Planning and Zoning Supervisor (Mr. Walther), and Recording Secretary (Ms. Pappas). Guests: Sherrill Mozey; Family members of police officers; Joan Gainsley; SLP high school students. 1a. Pledge of allegiance 1b. Roll call 2. Presentations 2a. Proclamation honoring Betty Engebretson and declaring “B etty Engebretson Day” Mayor Spano read the proclamation and presented it to Sherrill Mozey in honor of Betty Engebretson for her many years of living in the community. Ms. Engebretson will turn 100 years old on May 25, and will be honored and recognized by the community and city council on that day. 2b. Honoring James Gainsley for 40 years of service to the City of St. Louis Park and BOZA Mayor Spano thanked Mr. Gainsley posthumously for his 40 years of service to the city and the Board of Zoning Appeals. His wife and daughter thanked the council for their recognition, adding Jim loved the work he did for the city, and was happy to give back to the community. His family was presented with a plaque. Councilmember Brausen stated he had met Mr. Gainsley and appreciated his work. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -2- May 20, 2019 Councilmember Hallfin added that Mr. Gainsley had been chair of Camp Tiko for many years, and thanked him for his service to the much broader community, adding he will be missed. 2c. Recognition of 2019 police officer of the year and award of valor recipients Police Chief Harcey presented the 2018 police officer of the year award and the 2018 award of valor to police officers. Officer Matt Blomsness was presented with the Robert Linelle officer of the year award for his demonstrated commitment to the police force and the city. Officer Blomsness is a member of the SWAT team and a patrol training officer. Chief Harcey stated Officer Blomsness’ integrity, fairness, and positive attitude, are an example to all St. Louis Park officers. Chief Harcey also presented Officer Jacob Erickson the award of valor, noting this award is given to an officer or citizen who, conscious of danger, intelligently, and in the furtherance of public safety, distinguishes himself or herself by outstanding performance of an act of gallantry and valor at imminent personal hazard to live, above and beyond the call of duty or routine humanity. Chief Harcey also noted Sgt. Barnes, Officers Heffernan, Nordrum, Diersen and dispatchers Shoen and Dyals also received department commendations for their involvement in this same incident . Councilmember Harris thanked the officers for their courage and commitment to the city, adding it is truly appreciated and the city values them . Councilmember Brausen agreed, adding he is proud of the officer’s work, and the fact that they both stated they love their jobs. Mayor Spano stated the officer’s use of good judgement to de-escalate a situation is a great reflection of the city’s police force and he appreciates their work very much. 3. Approval of minutes 3a. LBAE minutes of April 22, 2019 It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve the LBAE minutes of April 22, 2019 as presented. The motion passed 6-0 (Councilmember Rog absent). 4. Approval of agenda and items on consent calendar 4a. Designate Telemetry & Process Controls, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,265,955.00 for the 2019 Supervisory Control and Data Acquisition (SCADA) System Replacement Project No. 5318-5006. 4b. Moved to 8d. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -3- May 20, 2019 4c. Approve an agreement between the City of St. Louis Park and Xcel Energy for 3 - year subscriptions for all city managed electricity accounts not covered by Renewable-Connect. 4d. Adopt Resolution No. 19-057 approving acceptance of a product donation from Jonny Pops (estimated value of $300) to be used in conjunction with the mock election to be held at the Parktacular Expo on June 15, 2019. 4e. Adopt Resolution No. 19-058 amending Resolution No. 19-006 authorizing the special assessment for the repair of the sewer service line at 4124 Yosemite Avenue South, St. Louis Park, MN P.I.D. 21-117-21-31-0091 by correcting the interest rate for the proposed special assessment 4f. Adopt Resolution No. 19-059 authorizing a minor amendment to the Knollwood Village special permit to modify the mall building elevations. 4g. Designate G.L. Contracting, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $379,932.30 for the 2019 Alley Reconstruction Project No. 4019-1500. Councilmember Brausen requested that Consent Calendar item 4b be removed and placed on the Regular Agenda to 8d. It was moved by Councilmember Miller, seconded by Councilmember Harris, to approve the agenda and items listed on the consent calendar as amended to move consent calendar item 4b to the regular agenda as item 8d; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Rog absent). 5. Boards and commissions 5a. Appointment of citizen representatives to boards and commissions Ms. Carrillo Perez noted there were 57 applications this year and 17 new commission members chosen. She stated for those applicants not chosen this year, staff will maintain their applications for one year and if new members are needed for any of the commissions throughout the year, staff will reach out to these folks. Councilmember Brausen stated the process for selection of commissioners is cumbersome, and while not always perfect, the council is doing their best in the selection process. He added he would like to review this process during a future study session, noting the Park and Rec Commission has an even number of commissioners, when there should be an odd number. Councilmember Mavity added with 57 applicants for 17 positions there is clearly a wealth of talent in St. Louis Park, and compassion by those who wish to serve. She noted there are many ways to serve in the community, and added for those not selected, please look to contribute in other ways, such as through city organizations, non-profits, or other groups within St. Louis Park. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -4- May 20, 2019 Councilmember Miller stated staff and council have committed themselves to racial equity in this process as well, and he is appreciative of the process being use d, which has helped create a more diverse makeup of commissioners this year. It was moved by Councilmember Brausen, seconded by Councilmember Miller, to appoint citizen representatives to the boards and commissions as listed in exhibit A. The motion passed 6-0 (Councilmember Rog absent). 6. Public hearings 6a. Annual Storm Water Pollution Prevention Program public meeting. Mr. Francis stated there is no recommended action at this time. This item serves to meet the city’s Municipal Separate Storm Sewer System (MS4) permit and Storm Water Pollution Prevention Program (SWPPP) requirements. Mr. Francis updated the council on the city’s storm sewer system, as well as initiatives in the city including the rain garden program, adopt a drain, and the partnership with Clean Water MN and Metro Blooms. He stated an open house and educational programs will be held for the public, especially related to the rain garden program. Mr. Francis added the city has been awarded Blue Star City status, which is similar to the Green Steps Cities program, where the city is assessed and rated on their water systems and initiatives. Councilmember Harris asked how many interactions staff has had with residents regarding water. Mr. Francis stated he has interacted with several hundred residents over the past 5 years. Mayor Spano asked for public comment. Barb Patterson, 4326 Wooddale Avenue thanked Mr. Francis for transparency and the open sessions and indicated she is looking forward to future programs and education from staff. Betty Danielson, safety and environment manager at Nordicware, stated she would like staff to do more outreach to businesses, and possibly provide incentives for business to help rainwater management. She is a current master water steward in training and has been in communication with staff on this and how they are assessed for st ormwater management by the city. Mayor Spano closed public comments. Councilmember Mavity stated her regular walk route includes Bass Lake and she is very encouraged about a more structured process to learn about stormwater management. She noted links to documents on the city web site, and asked if there will be updates to DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -5- May 20, 2019 the stormwater pond inventory information from 2011, and stormwater prevention plan information from 2008. Mr. Heiser stated the city is currently working on the comprehensive water surface model plan, which is a more sophisticated way to talk about that inventory, and allows for looking at different loadings for different watersheds, in order to determine potential flooding area. She noted this is updated every 10 years. Councilmember Brausen stated Minnesota is blessed to have clean water and added it cannot be taken for granted. He noted all residents need to do their own part, and education from staff is important so folks do not pollute ground water. He thanked staff for their work and asked them to be more intentional about this. He added he is a giant proponent of rain gardens and hopes all that are interested are able to create rain gardens in their own yards. Councilmember Brausen encouraged the city to incorporate rain gardens as part of street and sidewalk construction, adding he would like to see cost estimates on this, and on the outcomes of the hundreds of rain barrels sold to residents. He thanked all for their work on this initiative. 7. Requests, petitions, and communications from the p ublic – None 8. Resolutions, ordinances, motions and discussion items 8a. First reading of ordinance related to zero waste packaging Ms. Barker presented the staff report. She noted four areas where staff is requesting to amend the Environment and Public Health (Chapter 12) code in attempt to decrease waste, reduce confusion for businesses and residents, and minimize contamination in organics and recycling. The four areas of concern include:  Packaging – lids and cups – compostable cups and lids required, with labeling required for compostable cups  Non-packaging items – plastic utensils, straws  Collection – change to organics and/or recycling where host organization must provide containers  Removal of specific fines and include fees in city’s annual fee schedule Councilmember Miller stated he has concerns about smaller business who order cups online and are not in control of branding and printing of their cups. Ms. Barker stated some of the unbranded cups actually have the composting language on them, which is helpful. She noted staff is looking more at larger companies who print their own cups and are responsible for including the labeling on their cups. Councilmember Miller asked if the straw dispenser would be on the counter or behind it. Ms. Barker stated it could still be on the counter, in front of the house and would still meet the intent of the ordinance. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -6- May 20, 2019 Councilmember Mavity asked how common the composting text is on cups in Minnesota and across the United States. Ms. Barker stated the MN Composting Council is working on this, and the understanding is that the governor is supportive of this as well. She added this issue is recognized and is a concern. Councilmember Mavity told staff this might be included in the city’s legislative topics and St. Louis Park might drive this initiative for the state. Councilmember Mavity asked about plastic utensils vs. compostable and what Minneapolis is doing about this. She also asked if what is being proposed tonight is in alignment with Minneapolis and if any other cities are doing this same thing. Ms. Barker stated that the existing ordinance is in alignment with Minneapolis, but most of the changes would be above and beyond what Minneapolis currently has. Councilmember Harris thanked staff for their clarification and asked what sort of feedback they have heard during outreach with residents and businesses. Ms. Barker stated they have only heard back from a handful of folks, and primarily about compostable lid functionality with hot applications. Councilmember Harris noted she supports clear labeling and these clarifications will help consumers streamline better, noting it is exciting to be out in front on these initiatives. Councilmember Brausen asked if the city licenses food trucks. Ms. Barker stated no, adding the city has authority with this ordinance though, since food trucks are operating in the community. Councilmember Brausen added the zero waste packaging ordinance is positive and there have not been many complaints since the ordinance passed. He stated staff continues to review and broaden this each year, and he wholeheartedly supports this. Michelle Longest, Showplace Icon Theater, 1625 West End, stated she has been emailing with staff about cups, and while they totally support environmental stewardship, they do use different cups for their various beverages, both hot and cold. She stated while they are not all labeled correctly, they do use environmentally fr iendly products including Karat Earth, Environ, and others for their cup selection. She stated they do have concerns about their specialty lids, which are not all available in PLA, adding they had to go back to using recyclable lids for some of their cups. She asked for a process on exemptions, and added there was no language in the new ordinance about landlords in charge of garbage collection, and she has concerns about this as well. Ms. Barker stated the process for exemptions will be conducted as in the past for the business community as a whole and will be presented to council in the fall, reviewed and then approved. She added they will go into effect the next calendar year. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -7- May 20, 2019 Mayor Spano suggested Ms. Longest stay in touch with staff related to the exemptions process. Mayor Spano asked staff when they envision two bins, one for composting and one for recycling. Ms. Barker stated there are some examples right now, but added it is a significant overhaul. It is a conversation and discussion that could happen, but would need a lot more involvement from the business community, as it would be a significant change. One big challenge is pre-packaged food, which restaurants do not have control over. Mr. Merkley added the changes being made are moving the city in this direction – incrementally. Councilmember Brausen stated that he is proud the city is continuing to fine tune this ordinance and press our local business community to engage in best practices, as far as sustainability goes. Councilmember Brausen also encouraged St. Louis Park’s neighbors, such as Plymouth and Hopkins, to start doing more with recycling or composting in their businesses. It was moved by Councilmember Miller, seconded by Councilmember Brausen, to approve the first reading of an ordinance amending the Zero Waste Packaging Ordinance, and to set the second reading for June 17, 2019. The motion passed 6-0 (Councilmember Rog absent). 8b. Mixed use zoning district amendment Ms. Monson presented the staff report. She stated council reviewed and discussed portions of the proposed mixed-use zoning ordinance at the March 11 meeting and staff provided a written report on May 13 to council, explaining density bonus concepts and points values that are proposed in the ordinance. She added on April 17, 2019, the planning commission held a public hearing, and voted unanimously to recommend adoption of the updated mixed-use zoning ordinance. Councilmember Mavity asked if permitted parking in commercial and residential space is subject to minimal requirements. Ms. Monson stated the ordinance specifies where the parking can be located, but refers to the parking ordinance for number of required spaces. Councilmember Mavity asked if this reduces the parking requirement across the board. Ms. Monson stated no. Councilmember Harris asked if the objective of this amendment is the intent to weave more mixed use throughout the city. Ms. Monson stated yes. Councilmember Harris added generally this would be done by PUD, and asked if the amendment would reduce administrative overhead time and negotiations. Ms. Monson stated yes. She noted this will combine everything into an ordinance to reduce negotiations. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -8- May 20, 2019 Councilmembers Brausen and Miller thanked staff and the planning commission and indicated they will support this. Councilmember Miller added this is a good example of what staff does to streamline processes. He noted this all aligns well with the market and puts in place bonus points for density, environmental elements, and affordable commercial – all items that came out of the visioning process. It was moved by Councilmember Miller, seconded by Councilmember Harris, to approve the first reading of an ordinance amending Division 9. M-X Mixed Use and additional amendments relating to the MX district to land use, parking regulations, sign regulations, and architectural design (Sections 36-115, 36-361, 36-362, and 36-366) and set the second reading of the ordinance for June 17, 2019. The motion passed 6-0 (Councilmember Rog absent). 8c. Zoning ordinance amendment regarding home occupations Mr. Walther presented the staff report. He noted this ordinance will prohibit fire arm sales as home occupations, includes changes to allow retail sales with conditions, and adds five other uses to the list of prohibited home occupations. Councilmember Harris asked how much latitude the city has and if this is limited by state statute. Mr. Walther stated the city has authority to restrict home occupations and fire arm sales. Mr. Mattick concurred, adding the city has quite a bit of latitude on this topic. Councilmember Harris asked for a recap of comments on this item from the planning commission. Mr. Walther stated there were three votes opposed to changing the fire arm sales and reasons for their opposition varied. He stated these three did not feel there were any problems with existing businesses operating in the city. He added five of the commissioners did not want to move forward on this ordinance without looking at a comprehensive review of all the home occupation regulations beyond the scope of what this ordinance proposed to amend. Councilmember Harris asked how easy this will be to enforce. Mr. Walther stated it will be simple to enforce the firearm sales restriction because the business requires a federal firearm license, and licenses are renewed every three years. City staff can indicate to the Bureau of Alcohol, Tobacco and Firearms (ATF) that any new license applicant is not allowed to operate as a home occupation and the ATF will deny the license. He added the four existing firearm sales home occupations will be allowed to continue as are today under the zoning code as legal, non-conforming uses; however, they will not be allowed to expand or modify their business. Again, no applications will be approved for new locations in residential areas, if the ordinance passes, as they would be prohibited. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -9- May 20, 2019 Councilmember Miller thanked the St. Louis Park students for pushing this item and thanked staff for addressing it. He noted the mayor encouraged the students to mobilize on this effort after requesting to be safe in their schools and in their community. Councilmember Brausen agreed, adding it is sad how slow we have been to do any gun control, so he is happy to take this small step. Mayor Spano thanked staff and agreed that while there has been no problem with this issue in St. Louis Park, he had concerns about who might be coming into the city. He noted letters he reads each year from 5th graders, and one in particular which comes to mind, the student notes he has a fear of being murdered at his school. Mayor Spano pointed out that 45,000 people have died by guns in the US since the council’s last conversation on this topic, eight more have died since the meeting began this evening, and while the city is limited in what it can do, the city will continue to work on school safety. He added the city police department no longer sells old firearms to dealers who sell to the public, and tonight this ordinance is being passed in order to make the city safer. He stated he is saying all of this as a gun owner himself, and he will enthusiastically support this ordinance, and remain open to talking more about this with anyone. He thanked the students for attending this evening. It was moved by Councilmember Miller, seconded by Councilmember Brausen, to approve the first reading of an ordinance amending Chapters 36 of the St. Louis Park Code of Ordinances regarding home occupations, and set the second reading for June 17, 2019. The motion passed 6-0 (Councilmember Rog absent). 8d. Bid Tabulation: 2019 Historic Walker Lake Phase 1 improvement project no. 4018-1050 Councilmember Brausen stated he moved this item off the consent agenda in order to note the bid for the historic Walker Lake District project, which was estimated at $1.8 million and came in at $2.7 million. He noted this was a significant increase, adding while the environment is fluid, and bids are variable, he felt uncomfortable having a large ticket item being approved by consent agenda, with no discussion . Councilmember Mavity corrected Councilmember Brausen, noting the bid came in a t $2.2 million, not at $2.7 million. Councilmember Miller agreed with Councilmember Brausen, noting council should always evaluate high ticket items. Mayor Spano asked why the higher amount for the bid. Ms. Heiser stated it is a 23% overrun over the original estimate, which is now happening all over the metro in this bidding climate because there is so much construction going on. She also noted the increases are reflective of the pricing of oil/bituminous and concrete. DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0 City council meeting -10- May 20, 2019 It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to designate Minger Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $2,297,991.30 for the 2019 Historic Walker Lake Phase 1 improvements project no. 4018 -1050. The motion passed 6-0 (Councilmember Rog absent). 9. Communications Councilmember Brausen thanked all the volunteers who worked on the Children’s First ice cream social this past weekend, even though weather was bad . He also thanked his fellow council members for volunteering and all who attended. Mayor Spano noted on May 30, 6 p.m. at the ROC, there will be a brief program addressing the current state of the city. Mayor Spano will present remarks, there will be comments from the school district and Twin West, and many city organizations will be present with information for the public. He encouraged all to attend . 10. Adjournment The meeting adjourned at 9:40 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor DocuSign Envelope ID: CF183422-191A-4E4E-8473-89AF694093F0