HomeMy WebLinkAbout2016/09/06 - ADMIN - Minutes - City Council - RegularfffSt. Louis Park OFFICIAL MINUTES
M I N N E S 0 T A CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 6, 2016
1. Call to Order
Mayor Pro Tem Hallfin called the meeting to order at 7:40 p.m
Councilmembers present: Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, and
Susan Sanger.
Councilmembers absent: Thom Miller and Mayor Jake Spano.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Engineering
Director (Ms. Heiser), Director of Community Development (Mr. Locke), Assistant Zoning
Administrator (Mr. Morrison), Planning and Zoning Supervisor (Mr. Walthers) and Recording
Secretary (Ms. Pappas).
Ia. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Best Friends Day — Twin Cities Strut Your Mutt Proclamation
Mayor Pro Tem Hallfin read a proclamation recognizing Animal Society's Best Friends Day and
the Twin Cities Strut Your Mutt event being held at Wolfe Park on Sept. 11, 2016. Meg
McCormick, a 30 -year St. Louis Park resident, along with other members of the committee,
accepted the award and stated they appreciate the city's support on this endeavor.
2b. Retirement Recognition Resolution for Police Officer Terry Reuvers
Mayor Pro Tem Hallfin read a resolution and presented a plaque to retiring Police Officer Terry
Reuvers, who has over 30 years of service with the city. Mayor Pro Tem Hallfin thanked Officer
Reuvers for his contributions over the years and noted his appreciation of all he has done for the
city. Officer Reuvers stated it has been an honor to work for the city of St. Louis Park, and he
will miss the officers he has worked with over the years.
Mr. Harmening added that he will miss Officer Reuvers. He stated Officer Reuvers is great with
the public, and the city has come to admire him.
3. Approval of Minutes
3a. Study Session Meeting Minutes of July 25, 2016
Councilmember Sanger noted that a change on page 9 should read: "...presented at a
study session last July and since then, most recently in March... "
3b. City Council Meeting Minutes of August 1, 2016
3e. Study Session Meeting Minutes of August 8, 2016
City Council Meeting -2- September 6, 2016
Councilmember Lindberg noted on page 7, a change should be made in the 5`h paragraph
down to read: "many comments"... instead of "many positive comments ".
3d. Special Study Session Meeting Minutes of August 15, 2016
Councilmember Sanger noted on page 4, a change should be made to read: "Ottawa Ave.
sidewalks are not plowed by the city, but those on Minnetonka Blvd. are, even though
they all lead to the same bus stop. "
3e. City Council Meeting Minutes of August 15, 2016
Councilmember Sanger noted a correction in Section 8b, paragraph 3, which should read:
"The 50150 requirement was so that patrons are likely to eat while they consume alcohol
so that they may be less likely to leave the premises and drive drunk. "
A was moved by Councilmember Brausen, seconded by Councilmember Sanger, to
approve all of'the above Meeting Minutes with the changes noted.
The motion passed 5-0 (Mayor Spano and Councilmember Miller absent).
4. Approval of Agenda and Items on Consent Calendar
4a. Accept for filing City Disbursement Claims for the period of July 23 through
August 26, 2016.
4b. Adopt Resolution No. 16-106 Amending and Restating the Special Use Permit
for 5100 Gamble Drive.
4c. Approve Second Reading and Adopt Ordinance No. 2498-16 amending Chapter
36 of the St. Louis Park Code of Ordinances relating to zoning to amend
regulations pertaining to accessory buildings and signs, and to approve the
ordinance summary for publication.
4d. Approve the Second Reading and Adopt Ordinance No. 2499-16 vacating
drainage utility easements, and to approve the Ordinance Summary for
Publication.
4e. Approve the Second Reading and Adopt Ordinance No. 2500-16 creating
Section 26 -268 -PUD 7 of the Zoning Code and amending the Zoning Map from
C-2 General Commercial to the Planned Unit Development (PUD) 7 for the
property located at 4001 and 4025 Highway 7, and approve the Summary
Ordinance for publication.
4f. Approve Second Reading and Adopt Ordinance No. 2501-16 creating Section
36 -268 -PUD 6 of the Zoning Code and amending the Zoning Map from C-2 to
PUD 6 for property located at 1601 Utica Avenue South and approve the
Ordinance Summary for Publication.
4g. Approve Second Reading and Adopt Ordinance No. 2502-16 amending Section
36 -268 -PUD 3 relating to Arlington Row West Planned Unit Development, and to
approve the summary ordinance for publication.
4h. Approve Second Reading and Adopt Ordinance No. 2503-16 amending Section
36 -268 -PUD 5 relating to Arlington Row East Planned Unit Development, and
approve ordinance summary for publication.
4i. Approve the second reading and Adopt Ordinance No. 2504-16 amending St.
Louis Park City Code Chapter 3, Section 70 (g)(1) to Exempt Congressionally
City Council Meeting -3- September 6, 2016
Chartered Veterans Organizations Holding a Club Liquor License from the 50%
Food Ratio Requirement and to approve the summary ordinance for publication.
4j. Adopt Resolution No. 16-107 Authorizing the 2017 Preliminary HRA Levy.
4k. Adopt Resolution No. 16-108 approving a minor amendment to the Park Place
Plaza Planned Unit Development to allow additions to the Costco building.
41. Authorize staff to enter into an agreement with Cities Digital, Inc. to acquire the
rights to use a records management software application.
4m. Adopt Resolution No. 16-109 to recognize Police Officer Terry Reuvers for his
30 years of service to the City of St. Louis Park.
4n. Adopt Resolution No. 16-110 authorizing the special assessment for the repair of
the sewer service line at 3165 Texas Avenue South, St. Louis Park, MN. P.I.D.
17-117-21-23-0002
4o. Approve for filing Planning Commission Minutes August 3, 2016.
It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, 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 5-0 (Mayor Spano and Councilmember Miller absent).
5. Boards and Commissions - None
6. Public Hearings
6a. First Reading of Ordinance Imposing a Franchise Fee on Northern States
Power Co. (dba Xcel Energy)
Ms. Heiser stated that this is the first reading of the franchise ordinance and franchise fee
ordinance. She noted that the franchise ordinance is also referred to as the franchise
agreement, and the agreement has a term of 20 years. She stated the city has imposed
franchise fees on Xcel Energy since 2004, and keeping with council direction of
reviewing the fees every other year, the fees were increased to $3.25/month for
residential customers in 2015. Staff recommends approving the franchise fee ordinance,
which will increase the fees to $4.00/month for a residential customer in 2017. Staff is
also proposing to have the same increase for the franchise fee imposed on CenterPoint
Energy. She added that the additional revenue from these fees funds the city's capital
improvement plan for city streets and various infrastructure improvements. Ms. Heiser
stated staff recommends that council approve the first reading and set the second reading
for Sept. 19, 2016. Based on this schedule, the franchise fee increase would be effective
Feb. 1, 2017.
Mayor Pro Tem Hallfin opened the public hearing. No speakers were present. Mayor Pro
Tem Hallfin closed the public hearing.
It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to
approve first reading of an ordinance imposing a franchise fee on Xcel Energy and set
second reading for Sept. 19, 2016
The motion passed 5-0 (Mayor Spano and Councilmember Miller absent).
City Council Meeting -4- September 6, 2016
6b. First Reading of Ordinance Imposing a Franchise Fee on CenterPoint
Energy Resource Corporation
Ms. Heiser presented the staff report and reviewed the terms of the ordinance.
Mayor Pro Tem Hallfin opened the public hearing. No speakers were present. Mayor Pro
Tem Hallfin closed the public hearing.
It was moved by Councilmember Sanger, seconded by Councilmember Lindberg, to
approve first reading of'an ordinance imposing a franchise fee on CenterPoint Energy
Resources Corporation and set second reading, for Sept. 19, 2016
The motion passed 5-0 (Mayor Spano and Councilmember Miller absent).
7. Requests, Petitions, and Communications from the Public — None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Floodplain District Zoning Ordinance and Zoning Map Amendments
Mr. Walther presented the report. He explained that the Federal Emergency Agency
(FEMA) issued a Letter of Final Determination on May 4, 2016, notifying the city that
revised FEMA Flood Insurance Rate Maps would become effective on November 4,
2016. Due to these changes, the city's floodplain ordinance must be amended to comply
with the new and updated federal regulations no later than November 4 in order for the
community to remain eligible for the National Flood Insurance Program.
Mr. Walther presented the zoning map that includes the overlay map of the floodplain for
the areas affected. He explained that these changes must be done in a timely manner.
Legal notifications were published in the Sun Sailor. He stated the 215 properties that
intersected floodplain zoning district boundary changes were notified by U.S. mail. Mr.
Walther added that there are also resources for residents on the city website to determine
which category their properties may fall into, as well as a frequently asked questions and
answers section, and an additional map where residents can search their own property.
The new FEMA FIRM shows the 100 -year and 500 -year floodplain boundaries.
Councilmember Brausen asked how the link is identified on the city's website. Mr.
Walther stated residents can go to the city website, type "flood" or "FEMA" in the search
section, and the top article includes all of this information.
Councilmember Sanger stated she realizes that because of FEMA and DNR requirements,
the city does not have a choice on this. She asked Mr. Walther to explain if residents will
need to do anything different now if their property is in a flood plain. Mr. Walther stated
that the law now puts the onus on mortgage companies to notify owners if their property
is one that needs flood insurance. The mortgage company may send a letter to the home
owner stating they need flood insurance. He further explained that if a resident does see
they are in a floodplain on the materials provided on the city website, they do not need to
wait for the letter from their mortgage company. They can go ahead and purchase flood
insurance as soon as possible, and at least 30 days before the November 4 deadline, in
order to potentially realize substantial savings on the cost of this insurance.
City Council Meeting -5- September 6, 2016
Mr. Walther added that if only part of a resident's lot and not the structure is in the
floodplain, the resident can demonstrate to their Mortgage Company and FEMA that they
do not need flood insurance. He added that the Planning Commission recommended
approval of this ordinance and answered questions at the public hearing.
Councilmember Mavity stated that informing residents about this topic over social media
would also be a doing them a favor.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve first reading of an ordinance amending Chapter 36, Article IV, Division 10 of
the St. Louis Park Code of Ordinances relating to Floodplain Districts and amending the
Oficial Zoning Map.
The motion passed 5-0 (Mayor Spano and Councilmember Miller absent).
8b. Rezoning — Office Building Located at 8001 Highway 7
Mr. Morrison presented the report. He explained that the applicant is the owner of the
property and has applied to rezone the property to Office for the purpose of increasing the
amount of signage the property is allowed. The property is currently zoned R -C High
Density Multiple -Family Residence, and as such is allowed only 80 square feet of sign
area. If the property is rezoned to Office, it would be allowed 200 square feet of sign
area. The owner would like a free-standing sign out front near the frontage road and
requests the sign be 60 square feet per side. Mr. Morrison stated the Planning
Commission conducted a public hearing and recommends approval.
Councilmember Mavity asked about the type of communications with residents in the
area and the South Oak Hill neighborhood. Mr. Morrison stated communications went to
residents within 350 feet of the building. Councilmember Mavity asked if there are any
homeowners within that radius. Mr. Morrison answered yes, and stated those properties
to the east received notice from the city.
Councilmember Mavity stated she will support this; however, she said it would be helpful
to notify the South Oak Hill neighborhood and also make sure no one is surprised by this
change.
Councilmember Sanger asked why the city doesn't grant a new sign variance rather than
go through a rezoning, as it opens things up for a potential development that may be
negative to neighbors. Mr. Morrison answered that staff did look at a variance, but
decided to go with the rezoning because the property is currently guided office, and
zoned High -Density Multiple -Family Residence. Rezoning would make the property
consistent with the comprehensive plan.
Councilmember Lindberg stated he is uncomfortable with rezoning this property to allow
signage, especially when it abuts a residential area. He added at this point he is not going
to support the request, as he does not feel it is right, adding he would want to have more
conversation with residents beforehand. He added he would also like the council to think
more about the city's signage standards.
City Council Meeting -6- September 6, 2016
Councilmember Brausen asked the City Attorney how many votes are required to rezone
this area. Mr. Mattick advised that four votes are required for approval.
Councilmember Brausen asked if this area is rezoned Office, does the city have issues if
it tries to substantiate this later if someone else fulfills all the requirements for a zoning
change request, and then the council denies it.
Mr. Mattick advised a zoning ordinance request is different than a CUP and variance. A
CUP and variance are quasi-judicial actions, and an ordinance amendment is a legislative
item. The council is afforded much more discretion in that decision. However, he added
the comprehensive plan and zoning ordinance are supposed to be in agreement, so this
may feel a bit awkward. The zoning ordinance should be reflective of the comprehensive
plan.
Councilmember Brausen noted accordingly he would be supporting this proposal.
Mayor Pro Tem Hallfin asked if there are any rules on the signs themselves related to
type, lighting and such. Mr. Morrison explained that with relation to height and display
criteria, the rules for signage remain the same with the zoning ordinance amendment.
It "gas moved by Councilmember Mavity, seconded by Councilmember Brausen, to
approve first reading of an ordinance amending the Zoning Map to rezone the subject
property from RC High -Density Multiple -Family to O Office, and set a second reading
for Sept. 19, 2016
The motion passed 4-1 (Councilmember Lindberg opposed, Mayor Spano and
Councilmember Miller absent).
9. Communications — None
10. Adjournment
The meeting adjourned at 8:30 p.m.
Meliss Kennedy, City Clerk
Steve Hallfin, Mayor Pro