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HomeMy WebLinkAbout2021/08/02 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota Aug. 2, 2021 1. Call to order Mayor Pro Tem Kraft called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Pro Tem Larry Kraft, Tim Brausen, Lynette Dumalag, Rachel Harris, Nadia Mohamed, and Margaret Rog Councilmembers absent: Jake Spano Staff present: City Attorney (Mr. Mattick), Interim City Manager (Ms. Walsh), Assistant Zoning Administrator (Mr. Morrison), Community Development Director (Ms. Barton) Guests: none 2. Presentations 2a. Recognition of Donations Mayor Pro Tem Kraft thanked Discover St. Louis Park for a donation in an amount not to exceed $1,500 for flight and hotel related expenses for Jason West, Recreation Superintendent, to attend the Sports Events & Tourism Association (ETA) in Birmingham, AL on Oct. 25-28, 2021. 3. Approval of minutes 3a. Study session minutes of June 14, 2021 Councilmember Rog noted on page 2, it should read, “Maxfield housing study” and on page 8 it should read “…Mr. Harmening stated council will be asked to consider the TIF request at the meeting next month and developers can be asked to present at that time.” She also noted on page 8, it should read, “…currently available affordable trust funds.” Mayor Pro Tem Kraft noted on page 4, it should read “police department vs. PAC.” He also noted on page 6 it should read, “…additional funding for the employee dev fund is fine as well as other baseline adjustments totaling $1 million, as well as how to smooth future levies. He added he is fine to put additional monies into the insurance fund if we are expecting premium increases but is not interested in putting as large amount into the fund in case of future lawsuits, as he would rather invest to prevent the risk of lawsuits. He stated he is interested in transformational investments that can change the trajectory of the city on climate emissions or race equity and gave possible examples DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -2- Aug. 2, 2021 including massive tree planting and making walking and biking/scooters easier and putting more into the climate investment fund.” It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve the June 14, 2021, study session minutes as amended. The motion passed 5-0 (Mayor Spano and Councilmember Mohamed absent). 3b. City council meeting minutes of June 21, 2021 Councilmember Dumalag noted on page 9 it should read, “…like Perspectives.” Mayor Pro Tem Kraft noted on page 14 it should read, “array” vs. “ray”. Councilmember Rog noted on page 3 it should read, “…for sharing their Thai culture.” She noted on page 9 it should read, “Councilmember Rog noted only 1 - 3-bedroom affordable unit is promised in this development, although the developer says they will try for more, which she encouraged. She noted that under the updated inclusionary housing policy, a project of this size would require 7 affordable 3 -bedroom units. She asked staff for clarification in the approval process inclusionary housing requirements become applicable. Ms. Monson stated they begin at the time of application.” It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the June 21, 2021, city council meeting minutes as amended. The motion passed 6-0 (Mayor Spano absent). 3c. Study session minutes of June 28, 2021 Councilmember Brausen, on page 5, requested adding another sentence to read, “However he noted that this is a pilot program, he supports pursuing it as staff has laid out and making adjustments later depending on results.” Councilmember Dumalag noted on page 2, it should read, “She added the most effective way to approach commercial properties and multi-tenant buildings may be through building owners and management associations greater Minneapolis.” It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the June 28, 2021, study session minutes as amended. The motion passed 6-0 (Mayor Spano absent). 3d. City council meeting minutes of July 6, 2021 It was moved by Councilmember Harris, seconded by Councilmember Brausen, to approve the July 6, 2021, city council meeting minutes as presented. DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -3- Aug. 2, 2021 The motion passed 6-0 (Mayor Spano absent). 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of June 26 through July 23, 2021. 4b. Adopt Resolution No. 21-075 to recognize Tom Harmening for his 26 years of service. 4c. Approve second reading and adopt Ordinance No. 2626-21 regarding general parking and approve the summary ordinance for publication. 4d. Adopt Resolution No. 21-076 rescinding Resolution No. 19-122 and approving the attached list of snow removal exempt parking areas. 4e. Adopt resolution to appoint Cynthia S. Walsh as interim city manager from Aug. 2-15, 2021. (This item was removed from the consent calendar and considered as regular agenda as item 8b.) 4f. Adopt Resolution No. 21-077 authorizing the special assessment for the repair of the water service line at 3153 Pennsylvania Avenue South, St. Louis Park, MN. P.I.D. 17-117-21-21-0186. 4g. Adopt Resolution No. 21-078 authorizing the special assessment for the repair of the sewer service line at 9601 West 16th Street, St. Louis Park, MN. P.I.D. 01- 117-22-41-0122. 4h. Adopt Resolution No. 21-079 authorizing the special assessment for the repair of the sewer service line at 5917 Minnetonka Boulevard, St. Louis Park, MN. P.I.D. 16-117-21-21-0056. 4i. Adopt Resolution No. 21-080 approving acceptance of a monetary donation from Discover St. Louis Park in an amount not to exceed $1,500 for flight and hotel related expenses for Jason West, Recreation Superintendent, to attend the Sports Events & Tourism Association (ETA) in Birmingham, Alabama on Oct. 25 – 28, 2021. 4j. Approve an extension until Aug. 2, 2022, for Melrose Company to record the final plats for Arlington Row Apartment East and Arlington Row Apartment West. (This item was removed from the consent calendar and considered as regular agenda as item 8c.) 4k. Adopt Resolution approving an extension of the policy for temporary outdoor and indoor customer service areas. (This item was removed from the consent calendar and considered as regular agenda as item 8d.) 4l. Approve a temporary on-sale intoxicating liquor license for Pillsbury United Communities for their event to be held on Aug. 7, 2021. (This item was removed from the consent calendar and considered as regular agenda as item 8e.) It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to approve the agenda and items listed on the consent calendar as amended to move consent calendar item 4e, 4j, 4k, 4l to the regular agenda as item 8b, 8c, 8d, 8e respectively; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Mayor Spano absent). 5. Boards and commissions - none DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -4- Aug. 2, 2021 6. Public hearings- none 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. First reading of ordinance pertaining to home occupations Mr. Morrison presented the staff report. Councilmember Harris asked for clarification about intensification of use and an allowance of material not typically found in a home, as well as the nuisance provision. Mr. Morrison stated materials typically not found in a home include heavy machinery, and as long as odors and vibrations were handled and managed , it would be allowed unless complaints came forward, which would then require enforcement . He added noise and odors should be minimal since the activity is required to occur within the home. Councilmember Harris stated this would mean utilizing a garage would not fit within the ordinance. Mr. Morrison agreed that is correct. Councilmember Brausen asked about land use registration. He stated if a law office were being run from a home, and an occasional client came by, would they have to register the use. Mr. Morrison stated yes, adding it is a simple one-page application stating the activity being conducted, which is then reviewed. Councilmember Brausen stated there will need to be education around this land use registration process. Councilmember Rog stated she supports the changes proposed and believes more changes are in order. She looked at this through an equity lens and feels there are many things that exclude people from entrepreneurship and starting their own businesses that could work in neighborhoods. She feels this looks at inputs and outcomes or outputs. She stated some of the recommendations that exist in the code could go further and she does not agree with some of the rationale pr ovided by staff so far. Councilmember Rog asked why animal handling is not allowed, noting there were some changes made recently in the city’s animal handing policies. Mr. Morrison stated animal handling as a home occupation was discussed at planning commission and some changes were recently made to the commercial districts regarding animal handling. As home occupations are concerned, he stated in the residential areas, neighbors have expressed concerns about strange dogs that were next door, as well as vegetation on the business owners lot, or on the neighbors lot along the property line that can be poisonous to dogs, so the concern is about the management and care of the dogs in a neighborhood. He added those working in a commercial business may have licensure and some formal training, also the dogs are contained so as not to be a concern to neighbors. But in a residential area, there are concerns that come up. DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -5- Aug. 2, 2021 Councilmember Rog asked why massage is not allowed. Mr. Morrison stated this is a long-standing prohibition in the code. He added the city has struggled with this as there can be ill intent with massage, so it has generally been kept out of residential areas . He added the potential for abuse and the related enforcement is not suitable f or residential areas. Councilmember Rog stated she is not convinced about the one employee per lot rule and suggested that the maximum occupancy be the standard. She asked why one employee per lot was decided. Mr. Morrison stated the city is increasing the ability to run all kinds of businesses so there are impacts. He stated the thought was to start out with one employee and then later, the ordinance could be changed to two employees. But if you start with 3 or 4 that occupancy limits may allow, and the ordinance is changed later, the 3-4 employees along with the activities generating the complaints can remain as legal non-conformities. He added this is why it was proposed to start with one employee, and then reevaluate the number of employees condition after sufficient time has passed to determine accurate impacts. Councilmember Rog noted registration of land use and asked if there was any other rationale for this, or who to call with complaints. Mr. Morrison stated this helps staff to review for zoning and make sure the land use meets zoning and building code. Councilmember Rog asked why a maximum of 25% is being proposed. Mr. Morrison stated one of the conditions in the code defines accessory use as 25% of the principal use. He added there can be exceptions, if the council wishes to establish a different percentage for a specific use. He noted it depends on how wide the city wants to open the door, and there could be problems with complaints and nuisances. He stated again that dialing back the ordinance does not eliminate the existing codes generating the complaints, they remain as legal non-conformities, and the ordinance recognizes the balance of residential neighborhood and commercial businesses. Councilmember Rog asked if there is any data on commercial businesses in residential areas being a nuisance. Mr. Morrison stated the city has received complaints of home occupations, many of which are occurring illegally in accessory buildings. The ordinance draws on this history and experience. Councilmember Rog asked why work is not allowed to be performed in a yard . Mr. Morrison stated noise, aesthetics, and odors are the main concerns in protecting the integrity of the neighborhood. Councilmember Rog asked about signage up to two square feet, and not seeing the business from the right-of-way. She asked if not seeing the business from the right-of- way relates to the signage or business. Mr. Morrison stated the business, all properties can display a two square foot sign. Councilmember Rog stated she appreciates the work, supports this, streamlining the rules, and allowing different types of equipment. She stated it is not easy to find DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -6- Aug. 2, 2021 anything in the city code and she hopes that will be corrected and it can be more interactive. She is supportive of the changes proposed, so there is no delay to broadening access to entrepreneurship in the near term but would like to see more changes going forward including allowing massage, animal handling, more than one employee, and working in yards. She stated the city should not focus on outcomes and problems, but on entrepreneurship which can be a viable pathway to wealth and job creation. She would like the city to be thoughtful of this and why we disallow certain things and look at this through a racial equity lens. Councilmember Dumalag added she is supportive of this and does understand some of the exclusions including occupations that produce hazardous waste but asked why currency exchange and payday loan agencies were excluded . Mr. Morrison stated those uses are in a group of uses that are regulated and need to be removed from one another. He noted it is a perception issue and bringing these types of businesses into a neighborhood. Mr. Walther added the uses are allowed in the commercial districts with a condition requiring a separation of 350 feet from residences, so it is counter to the zoning intent. Councilmember Dumalag asked if these home businesses must comply with ADA requirements. Mr. Morrison stated yes, that is why the building and energy department reviews the registration applications. Councilmember Dumalag stressed this will be an important issue for those businesses that have customers and employees coming and going. Mayor Pro Tem Kraft asked how difficult the registration process is and if it is online. Mr. Morrison stated the application is online or can be done in person at city hall as well, noting there is a minimal fee. Mayor Pro Tem Kraft asked why the application is needed. Mr. Morrison explained when the public is invited into the home, it might trigger some building code requirements. The application gives the mechanism for this review. He stated it is a very quick process. Mr. Morrison stated this provides an opportunity to review before the applicant of a home-based occupation gets too far into the process and allows the city to notify the applicant of issues prior to the owners getting invested in the business. He added the city is trying to be helpful and guide folks through the process. Mayor Pro Tem Kraft noted in Mayor Spano’s letter to the council, he stressed looking at the impacts. He added he is supportive of this but would like to see clarifying language around the accessory buildings. He noted this might need to be discussed again in the future to review. Councilmember Mohamed stated it is a good idea to engage with small businesses and she would like to have a review again in one year as well. She asked what the city has done so far on education. Mr. Morrison stated there is information on the website and with the changes, there will be a sub-page created on the website, about the changes. DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -7- Aug. 2, 2021 Education is ongoing. He encouraged folks to contact the city with questions about the process. Ms. Barton added Julie Grove, a small business liaison, can also help entrepreneurs interested in starting a business and walk through the regulations. She added the city works with “Open to Business” that can help with resources well. Councilmember Mohamed encouraged getting information about the land use application and other aspects of home occupation out to the public. Councilmember Harris asked what mechanisms are available to identify whether a resident lives in the primary unit or the accessory dwelling unit. Mr. Morrison stated it would be submitted in the land use application information. Councilmember Harris stated she is supportive of entrepreneurship across generations. She added it is important that the city be an ally to entrepreneurs, and she is supportive. Councilmember Rog asked if the address is the same for a home and an accessory dwelling unit. Mr. Walther stated that is yet to be determined, but there would not be a separate lot. Mayor Pro Tem Kraft read Mayor Spano’s comments into the record as follows: Mayor Spano supports the intent of this ordinance; however, he has concerns about the way this is written. He stated the nature of the provisions in this change should be more focused on the impact of livability (symptoms) rather than guidelines we think will minimize those symptoms. He stated a daily party at his house that would generate more traffic and impact to neighbors, but would be allowed, than a home-based occupation with two employees under this provision which would be prohibited . The one exception would be the 5th bullet which very clearly focuses on impacts and put another way, this is not form-based zoning, but the idea of form-based zoning is that we are less concerned with the activity inside a building and more focused on how a particular building and the activity inside impacts the adjacent neighborhood. As such he would vote against this provision and ask that it be reworked to reflect a better balance. It was moved by Councilmember Harris, seconded by Councilmember Brausen, to approve first reading of ordinance amending chapter 36 pertaining to home occupations and set second reading for Aug. 16, 2021. The motion passed 6-0 (Mayor Spano absent). 8b. Appoint Cynthia S. Walsh as interim city manager from Aug. 2-15, 2021. Resolution No. 21-081 It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to adopt Resolution No. 21-081 appointing Ms. Walsh as interim city manager from Aug 2- 15, 2021. DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -8- Aug. 2, 2021 The motion passed 6-0 (Mayor Spano absent). 8c. Approve an extension until Aug. 2, 2022, for Melrose Company to record the final plats for Arlington Row Apartment East and Arlington Row Apartment West Councilmember Brausen noted this project has been proposed for properties on Wayzata Boulevard, one on the east and one on the west. He stated the city agreed to extend this so the developer could get their financing settled, plus there were issues with COVID. He stated residents have been asking about the project, which was approved in 2016 and will be going forward with the additional extension. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve an extension until Aug. 2, 2022 for Melrose Company to record the final plats for Arlington Row Apartment East and Arlington Row Apartment West. The motion passed 6-0 (Mayor Spano absent). 8d. Approve an extension of the policy for temporary outdoor and indoor customer service areas. Resolution No. 21-082 Councilmember Dumalag noted the temporary tents in five establishments within the city were to have the same number of diners and have them feel comfortable with seating. She added this was always tied to the governor’s order and there was a bit of concern about what to do next. She credited city staff and the restaurants for doing a temporary extension of this knowing there is the delta variant, so it will be extended to Oct. 1. It was moved by Councilmember Dumalag, seconded by Councilmember Harris, to adopt Resolution No. 21-082 approving the extension of the policy for temporary outdoor and indoor customer service areas to Oct. 1, 2021. The motion passed 6-0 (Mayor Spano absent). 8e. Approve a temporary on-sale intoxicating liquor license for Pillsbury United Communities for their event to be held on Aug. 7, 2021 Councilmember Dumalag noted she has a conflict of interest here as Pillsbury United Communities is a non-profit in north Minneapolis and is a client of hers. Councilmember Brausen noted this is to extend a temporary liquor license on Aug 7, 2021, from 2-7 p.m. and proceeds go to charitable services affiliated with Pillsbury United. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve the temporary on-sale intoxicating liquor license for Pillsbury United Communities for their event to be held on Aug. 7, 2021. DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188 City council meeting -9- Aug. 2, 2021 The motion passed 5-0-1 (Councilmember Dumalag abstained; Mayor Spano absent). 9. Communications Councilmember Harris noted National Night Out is Aug. 3 and encouraged folks to check with their neighborhood groups on times of events. Ms. Walsh stated Ken Sysko has a schedule and there is an online map as well. 10. Adjournment The meeting adjourned at 7:50 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 402C7C30-087D-4676-8909-28A20A44B188