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HomeMy WebLinkAbout2021/04/05 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota April 5, 2021 1. Call to order Mayor Spano called the meeting to order at 7:00 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), CIO (Mr. Pires), Director of Community Development (Ms. Barton), Planning and Zoning Supervisor (Mr. Walther), Associate Planner (Mr. Kramer), Communications Manager (Ms. Smith), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) Guests: Brian Grogan, Attorney Moss & Barnett 2. Presentations - none 3. Approval of minutes 3a. City council meeting minutes of Feb. 16, 2021 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the Feb. 16, 2021 city council meeting minutes as presented. The motion passed 7-0. 3b. City council meeting minutes of March 1, 2021 Councilmember Dumalag noted the guest was Chris Culp not Cult. She added in 8a it should read, “HDR is a client of JLL.” It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to approve the March 1, 2021 city council meeting minutes as amended. The motion passed 7-0. 3c. Special study session meeting minutes of March 1, 2021 It was moved by Councilmember Mohamed, seconded by Councilmember Brausen, to approve the March 1, 2021 special study session meeting minutes as presented. The motion passed 7-0. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 2 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of Feb. 20 t hrough March 26, 2021. 4b. Designate Thomas and Sons Construction the lowest responsible bidder and authorize a contract with the firm in the amount of $2,889,051.80 for Monterey- Belt Line-36th improvement project (4020-1101 and 4021-2000). Adopt Resolution No. 21-040 to restrict parking on 36th Street from Webster Avenue to Belt Line Boulevard. 4c. Adopt Resolution No. 21-041 establishing Highway 100 East Frontage Road as a Municipal State Aid Street segment. 4d. Adopt Resolution No. 21-042 to recognize Jayme Hamilton for his 31 years of service. 4e. Adopt Resolution No. 21-043 approving labor agreement between the city and the firefighter employee bargaining group, establishing terms and conditions of employment for one year, from Jan. 1, 2021 – Dec. 31, 2021. 4f. Adopt Resolution No. 21-044 authorizing bank signatories. 4g. Adopt Resolution No. 21-045 authorizing bank signatories for the Home Remodeling Fair. 4h. Accept for filing fire civil service commission minutes of Feb. 18, 2020. 4i. Accept for filing fire civil service commission minutes of Oct. 30, 2020. 4j. Accept for filing planning commission minutes of Feb. 24, 2021. It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions 5a. Appointment of youth representatives to boards and commissions Councilmember Kraft stated he brought this forward in Sept. and now there are two youth seats on all commissions. He is happy both students are going onto the commission and will be enriching the community. He added youth voices matter in St. Louis Park, and he is interested in how students are recruited at St. Louis Park high school. Mayor Spano stated he has spoken to folks who say your voice is your vote and he has been extremely interested in seeing students on the commissions for quite some time . He also is excited to see these two students coming onto the police advisory commission. It was moved by Councilmember Kraft, seconded by Councilmember Mohamed, to appoint Li Livdahl to the human rights commission and Tobias Khabie to the police advisory commission as voting youth representatives with terms ending on August 31, 2021. The motion passed 7-0. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 3 6. Public hearings 6a. Establishment of the Texa Tonka increment financing district. Resolution No. 21-046 Mr. Hunt presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Harris noted this area has needed development for over 20 years, and when the developer proposed the project, it was a tremendous opportunity for this area. Councilmember Rog stated while she is pleased with the project, she will oppose the establishment of a TIF district due to her ongoing concerns with the city’s use of TIF . She stated there will be studio and 1-bedroom units, as well as 2-bedroom units, but this will not be sufficient for families that need 3-bedroom units. She is not convinced this is the best way to invest tax dollars; therefore, she will oppose the establishment of the TIF district at Texa Tonka. She would like to further discuss TIF with the council and take a deeper dive into return on investment and TIF . Councilmember Brausen stated this is a reinvestment of future tax dollars that will be earned from redeveloping this corner and thereby getting new affordable units of housing for families, green plans, and tax dollars. He stated staff works behind the scenes to ensure developers are not profiting but creating affordable housing for the city’s needs. He added the city did not have any affordable housing in the past without the use of TIF, which is a very good investment and he will support it. Councilmember Kraft stated he will also support this but noted Councilmember Rog brings up good points and he is also interested in digging deeper into this topic. He stated while he honors the work of previous councils related to community redevelopment and affordable housing, he also wants to review TIF to see if it is the most effective way to achieve this. He noted he does support the green features of the project and how the developer is tied to the community. Councilmember Dumalag stated she will also support this project and appreciates the developer is taking a land parcel that was ignored for many years and turning it into housing for folks to call St. Louis Park home. She added she appreciates there will be affordable housing as well, noting some is better than none. Councilmember Mohamed stated she too will support the proposal as this area does need this investment. She added that she agrees with Councilmember Rog’s comments on housing and bedrooms, adding these should be made for bigger families. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 4 It was moved by Councilmember Harris, seconded by Councilmember Brausen, to adopt Resolution No. 21-046 approving the establishment of the Texa Tonka tax increment financing district (a housing district). The motion passed 6-1 (Councilmember Rog opposed). 6b. Nordic Ware building 9 easement vacation Ms. Kramer presented the report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. The action to vacate the portion of easements is included under agenda item 8b. 6c. First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Mr. Grogan, attorney Moss & Barnett, presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Harris asked if there are provisions in the agreement that are unique from what the city has had previously. Mr. Grogan stated this agreement is very similar to the concept of the former contract. Councilmember Harris asked if the cable wires will be underground or above. Mr. Grogan stated it will be a mix of both, adding this will follow along with city code . Councilmember Harris stated she will support this. Councilmember Rog asked Mr. Grogan to confirm that the PEG fee is new revenue . Mr. Grogan stated yes, adding that previously there was a fee charged to customers, and now the fee will be paid to the city, which will be new quarterly revenue. Councilmember Rog asked if a portion of the PEG revenue will be going to a new media center. Ms. Smith stated once this is in place, staff will revisit this, review the previously completed needs assessment and decide how to proceed with items recommended . She added these funds could support that but noted the CIP will need to be reviewed first. Councilmember Rog asked if these funds of $2.1 million over 10 years are discretionary to be used as the city wishes. Mr. Grogan stated these funds are earmarked and tied to PEG support, but not salaries, more brick and mortar. Councilmember Rog stated 5% of gross revenues equals half a million dollars per year and asked if that will be used to support Park TV. Ms. Smith stated that is correct. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 5 Councilmember Brausen stated he is very happy with the terms of this contract which will allow support for community television and public access for 10 years. He stated he enthusiastically supports this. Councilmember Kraft asked Mr. Grogan why he said this was a very successful process. Mr. Grogan explained staff understood what they wanted to accomplish and were able to reach the objectives presented. He stated some cities have issues with Comcast, and St. Louis Park learned from those issues, which resulted in a good outcome . He added in some cities, cable commissions are formed and costs are shared; however, there is more at stake and it gets complicated. Councilmember Kraft stated he will support this. He noted that franchise fees are an interesting thing, but they feel like taxes listed on bills, and he prefers they not be listed on bills. Councilmember Mohamed added her support as did Councilmember Dumalag. Councilmember Dumalag asked what changed about customer service from the previous agreement to this one. Mr. Grogan stated the agreement is now tied into the FCC customer service standards , which are aggressive. He noted these include timing in answering phone calls, time change to a human operator, time doing installs, handling repairs, and how repairs are measured, including other issues. It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve first reading of ordinance granting a cable television franchise to Comcast of Minnesota, LLC and set second reading for April 19, 2021. The motion passed 7-0. 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. Target Knollwood – Boone Avenue reconstruction – conditional use permit Resolution No. 21-047 Mr. Walther presented the staff report. Councilmember Harris asked if Boone Avenue is a private road, or which segment is private. Mr. Walther stated from the 37th Street West bridge north to 36th Street West is the private segment. Councilmember Harris stated not many folks are aware it is a private road, noting it functions as a public road in terms of how people use it. She has noticed it closed in the DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 6 past due to flooding, adding it is a consistent problem. She thanked Target Corporation for their choice to repair the area and prevent future flooding, noting the addition of trees there will be a benefit also. She stated the Target site is highly used, a valued community feature, and she is thankful they are there. Councilmember Kraft stated when he looked up the site on Google maps, he could see it flooded, so obviously the work needs to be done. He asked about the 1961 and 2014 floodplain analysis and the fact this flooding has occurred every year for the past 5 years. Mr. Walther stated the flood risk maps of Hennepin County are based on what a 1% chance rainfall event would be, adding that in St. Louis Park that is 6 inches of rain in a 24-hour period. This was based on a national study in 1961. He noted in 2014, NOAA did a new national analysis of rainfall with 50 years of historical data collected from more locations, and that study indicates the 1% rainfall event increased from 6 to 7.5 inches of rain in a 24-hour period. He stated this can have an impact on floodplain boundaries, adding the city and the watershed have incorporated this for permitting and the Minnesota Department of Natural Resources is responsible for updating maps through the Federal Emergency Management Agency (FEMA) procedures. Councilmember Kraft pointed out the 1961 24-hour rainfall at 6 inches, and the 2014 data at 7.5 inches, noting this is due to climate change and more humidity. He stated he will meet with staff on stormwater issues to discuss the impacts of climate change on the city’s infrastructure. Councilmember Rog asked if the city is doing stormwater modeling. Mr. Walther stated yes, as part of the comprehensive plan surface water management plan the city conducted both stormwater and flood modeling. Councilmember Rog asked if there will be a permanent holding pond now in the parking lot. The representative from Kimley Horn stated yes, there will be standing water in the pond. Councilmember Rog asked how deep it will be and if there are safety concerns or if fencing is needed. The representative from Kimley Horn stated there are designated benches for safety and green space around the pond, while the water will be typically be 4 feet deep in the pond. Councilmember Brausen asked if the canoe entry and exit point at the creek will stay or not. Mr. Walther stated yes, and when the city replaced the 37th Street bridge, that project did improve and preserve the canoe entry point. Councilmember Brausen noted Minnehaha Creek runs through there as well so that will need to be watched . It was moved by Councilmember Harris, seconded by Councilmember Brausen, to adopt Resolution No. 21-047, approving the conditional use permit to place 522 cubic yards of fill in the floodplain for the reconstruction of Boone Avenue. The motion passed 7-0. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 7 8b. Nordic Ware building 9. Resolution No. 21-048 Ms. Kramer noted the earlier report given to council. Councilmember Rog stated the community is excited about the café and thanked staff and the developer for this. She asked how many can be seated in the café. Ms. Kramer stated 10-15 inside and 10-15 outside. Councilmember Rog thanked all for joining the public meeting in early February, adding she appreciated the notes included in the packet. She noted Mr. Dahlquist stated he would like to see a pedestrian crosswalk on Beltline to get to the café . Ms. Kramer stated at this time there is no crosswalk planned, but the intention with the café is to serve trail users and route pedestrian traffic from other areas as safely as possible. Councilmember Kraft stated it is great to see the continued investment by this long-time St. Louis Park business. He noted their plans for solar and added this might also increase in the future and he is happy to see the café happening in an industrial zone and hopes it will be allowed in others as well. Mayor Spano noted the pedestrian bridge and intersection improvements were projects the city was trying to fund for many years as there were significant safety concerns with bikes and pedestrians there. He noted this will need to be reviewed again as transit moves through the area, adding at-grade crossings can be very confusing, and this will not be the same as at the Wooddale station area. He stated vehicles will stop there because it is a corner crossing, but cautioned at mid-block crossings, there can be confusion and very narrow misses. It was moved by Councilmember Rog, seconded by Councilmember Dumalag, to approve first reading of ordinance vacating portions of storm sewer easement, forced main sewer easement, and drainage and utility easement, and set the second reading for April 19, 2021. The motion passed 7-0. It was moved by Councilmember Rog, and seconded by Councilmember Kraft, to adopt the Resolution No. 21-048 approving the amendment to the special permit and to approve first reading of ordinance amending Section 36-244 (e)(6) of the zoning code and set the second reading for April 19, 2021. The motion passed 7-0. 8c. Best Cleaners conditional use permit and variance extension. Ms. Kramer presented the staff report and 1-year extension request. David Colhauer, 8105 Minnetonka Blvd., stated he owns the building and Best Cleaners, and since COVID-19 his business has been down 50%, adding he does not know if or DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 8 when it will recover. Therefore, he would like a 1-year extension on the CUP and variance. He continued if his business gets better, he would like to build, but if not, then he will not build, pointing out that residents are working at home now and not using his cleaning service as much. Councilmember Harris agreed that many businesses have been deeply impacted by the pandemic. She asked about the timeline for applying for permits and the extension. Ms. Kramer confirmed the applicant had one year to apply for the building permit, had received a 1-year extension, and now is asking for another. Councilmember Harris stated she will deny approval, noting the community has had many hours of conversations about ground floor transparency on store fronts, and that is paramount for the community in supporting biking and walking. She added the Texa Tonka area plan was implemented since the Best Cleaners permit was approved, and if the cleaners could adapt to the plans in that area, she may have decided differently on this. Councilmember Rog added this is difficult as she is empathetic to business owners but noted two years have passed and things have changed. She stated the council has a responsibility now to the community and best serving them, adding she does not feel there will be a huge use of dry cleaners going forward with work pattern changes, and she will vote to deny the extensions. Councilmember Brausen agreed adding he too will deny the extensions. He stated the applicant did have two years to submit the building plans, but the plan is too big, and the ground floor transparency is something to consider as well. He stated he will deny but hopes the applicant’s business will improve so he can come back to the city with a new plan. Councilmember Dumalag stated she will also deny the extensions, adding she does have sympathy for the applicant, but because there were 3 non -conformities since the application was first submitted, she will vote to deny. Councilmember Kraft stated he will vote against the motion to deny, stating this extension was approved 1 year ago and COVID is worse now. He appreciates the precedent on this, but stated the council needs to give more leeway to small businesses given the circumstances and he would rather err on the side of business. Councilmember Mohamed stated she will also vote against the motion to deny, adding COVID has not ended, and she wants to give leniency as was given last year, so the business can stay there. Mayor Spano stated he agreed this has been a tough time during COVID, but he also understands being responsible to all in the area, noting rules change over time and it is not anyone’s fault, but it happens. He stated he will support the staff recommendation on this, adding the owner did say that even with another extension, he was not certain he would be able to do anything as his business is down. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 9 Councilmember Harris asked staff if during the pandemic extensions such as this have the fees ever been waived. Mr. Walther stated the city has not waived fees for building permits but has provided or shifted assistance to other uses that were in more dire needs during the pandemic. He stated for expanding buildings, the city has not provided waivers of fees. Mr. Harmening stated if the owner contacts staff about planning and zoning, he can inquire about financial assistance also through the CARES Act, or county assistance. It was moved by Councilmember Harris, seconded by Councilmember Rog, to deny an extension to act upon the approved conditional use permit (CUP) and variance at 8105 Minnetonka Blvd. The motion passed 5-2 (Councilmembers Kraft and Mohamed opposed). 8d. Resolution in support of the Asian American and Pacific Islander community (AAPI) Resolution No. 21-049 Ms. Solano presented the staff report. She stated the Human Rights Commission (HRC) met following the events in Atlanta, GA and put together a statement for council to consider related to the AAPI community, while highlighting the ongoing history and discrimination they have faced. Mayor Spano thanked the HRC for engaging and reaching out to staff and him on this issue. He has reached out to the AAPI community also to see how they are doing, noting they are feeling exhausted. Mayor Spano stated that this is not a new issue and has been going on for over 100 years in the US, as well as gun violence which is ongoing in many cities. He added the city’s Summer of Action will engage HRC with residents on these issues . Councilmember Dumalag thanked the HRC for their work on this. She stated she is a Filipino American, and when the attacks happened, it was very hard . She stated she appreciates the spirit of the statement, adding she is someone that prefers action versus statements, so the Summer of Action will be what she wants to see happening. She added violence is not only specific to gun violence, and noted she is supportive of this resolution and anxious to see what comes of this. Councilmember Kraft agreed with all, adding he is interested in seeing actions, but words do matter also. He stated these hate crimes are not welcome in St. Louis Park. Councilmember Mohamed added she is happy to see this resolution and is looking forward to the action of the HRC and the council. She stated the council sets the tone when this is declared, and she is happy to support it. DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E 10 Councilmember Brausen added he also will support this, stating there is no room in St. Louis Park for hatred or bigotry and they need to do everything they can to eliminate it. Councilmember Rog stated she would like to think nothing ever goes wrong in St. Louis Park, but pointed to an email she received from an Asian American resident in her neighborhood, who had an upsetting incident. She stated the resident did get a response to this issue from her and other council members, after reaching out to see what the city could do to make St. Louis Park more welcoming to all. She stated she will support this and the action behind it. Councilmember Harris stated this is important and there is no room for hate in St. Louis Park, adding that more education and acceptance of those who are different is needed. She stated she is pleased and proud to see the city walking the talk with the resolution and Summer of Action and she also will support this. Mayor Spano read the resolution into the record. Mayor Spano also encouraged all to read the city preamble as background. It was moved by Councilmember Dumalag, seconded by Councilmember Mohamed, to adopt Resolution No. 21-049 in support of the Asian American and Pacific Islander community. The motion passed 7-0. 9. Communications Councilmember Harris noted a new restaurant at Texa Tonka called Burrito Taco Shop, which is now open. Councilmember Mohamed stated Ramadan starts next week noting she will be fasting, and then eating during the council meetings. 10. Adjournment The meeting adjourned at 9:18 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: D33FFDDF-3C3B-4414-9EC5-61263291A06E