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HomeMy WebLinkAbout2016/06/06 - ADMIN - Minutes - City Council - RegularJ I!F St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 6, 2016 1. Call to Order Mayor Spano called the meeting to order at 7:33 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thorn Miller, and Susan Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Assistant Zoning Administrator (Mr. Morrison), Communications Specialist (Ms. Pribbenow), Water Resources Manager (Mr. Francis), and Recording Secretary (Ms. Pappas). Guests: Friends of Bass Lake Committee Members la. Pledge of Allegiance lb. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. City Council Study Session Minutes April 25, 2016 It was moved by Councilmember Mavity, and seconded by Councilmember Miller to approve the April 25, 2016 Meeting Minutes as presented The motion passed 7-0. 3b. Study Session Meeting Minutes May 9, 2016 Councilmember Hallfin noted a change adding a comment about the "proximity to other liquor stores" within his statement. It was moved by Councilmember Mavity, and seconded by Councilmember Miller to approve the May 9, 2016 Study Session Minutes with changes. The motion passed 7-0. 3c. Special Study Session Meeting Minutes May 16, 2016 It was moved by Councilmember Brausen, and seconded by Councilmember Miller to approve the May 16, 2016 Special Study Session Minute as presented. The motion passed 7-0. 3d. City Council Meeting Minutes May 16, 2016 City Council Meeting -2- June 6, 2016 Councilmember Brausen noted several detailed changes to his comments related to the Southwest Light Rail Corridor -wide Housing Strategy. His revisions will be forwarded to staff to be included in the minutes and approved at the next meeting. Councilmember Miller noted changes in section 8e, related to the sale of G.O. Bonds. It should read: He stated the rec center services "primarily" upper class white males who play hockey..." Councilmember Sanger noted several changes regarding the ice rink. She stated it should read: "She supported bonding for the indoor refrigerated ice project, but does not support bonding for the outdoor refrigerated ice project. She also noted it should read: "we have 2 indoor ice rinks as well as 6 outdoor ice rinks". She also noted it should read: "disproportionately young white males". She also said "we have no evidence to substantiate this facility will be significantly used during the 8 months of the year..." Councilmember Mavity noted a change in a comment she made on page 7, in the fourth paragraph... "but will support the financing proposal tonight'. The May 16, 2016 minutes will be brought back for approval at the next meeting with the directed revisions. 3e. Study Session Meeting Minutes May 23, 2016 Councilmember Sanger noted a change on page 4 where she asked for analysis to include future bonding for the new community center, not for the Ree Center. Councilmember Sanger also noted a change on page 6, where she said the "city should consider applying for such a grant' and not that she herself would consider applying for the grant. It was moved by Councilmember Halfn and seconded by Councilmember Mavity to approve the May 23, 2016 Meeting Minutes with changes. The motion passed 7-0. 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 appropriate section of the regular agenda for discussion. 4a. Accept for filing City Disbursement Claims for the period of April 23 through May 27, 2016. 4b. Approve Second Reading and Adopt Ordinance No. 2493-16 amending Chapter 26 of the St. Louis Park Code of Ordinances pertaining to Subdivisions, and to approve ordinance summary for publication. City Council Meeting -3- June 6, 2016 4c. Approve Second Reading and Adopt Ordinance No. 2494-16 Vacating Public Right of Way and Drainage and Utility Easements at 7250 and 7341 State IIwy 7 and authorize publication. 4d. Approve a Temporary On -Sale Intoxicating Liquor License for Parktacular Inc. for their Annual Parktacular Celebration Rock the Block Party to be held June 17, 2016, at the Town Green located at Excelsior and Grand, 3815 Grand Way. 4e. Moved to item 8b. 4f. Reject bids for the Concrete Replacement — Project No.4016-0003 and authorize re - advertisement for bids. 4g. Adopt Resolution No. 16-072 authorizing installation of permit parking restrictions at 2725 Georgia Avenue So. 4h. Authorize execution of an amendment to a contract with WSB and Associates in the amount of $142,510 for the design of 37th Street Roadway and Bridge Reconstruction between Boone Ave and Aquila Ave - Project No. 4017-1700. 4i. Adopt Resolution No. 16-073 authorizing the special assessment for the repair of the sewer service line at 3225 Hampshire Avenue South, St. Louis Park, MN P.I.D. 17- 117-21-14-0106. 4j. Approve Change Order No. 1 to Contract/Project No. 5015-5001, Water Meter Replacement. 4k. Approve for filing Telecommunications Commission Meeting Minutes of February 24, 2016. 41. Approve for filing Planning Commission Meeting Minutes of May 4, 2016. Councilmember Lindberg requested that Consent Calendar item 4e be removed and placed on the Regular Agenda. It nas moved by Councilmember Lindberg, seconded by Councilmember Mavity, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4e to the Regular Agenda as item 8b; and to naive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions — None 6. Public Hearings 6a. Public Hearing — 2015 Annual MS4 Stormwater Pollution Prevention Plan (SWPPP) Meeting Mr. Francis presented the staff report regarding the Stormwater Pollution Prevention Plan. The purpose of the report is to provide the council with a summary of stormwater activities conducted in 2015, to promote initiatives in 2016, and to solicit comments from the public on the operation and management of the storrawater throughout the city as a part of the Municipal Separate Stormwater System (MS4) permit. The city has a permit with the Minnesota Pollution Control Agency (MPCA) for the discharge of Stormwater City Council Meeting -4- June 6, 2016 from the city. As part of the permit, the city is required to hold a public meeting in which residents have an opportunity to review the stormwater pollution prevention plan and comment on the city's Stormwater Management Program. These comment are considered for incorporation in the city's program and to increase awareness. Mayor Spano opened the public hearing. Mr. Scott Carpenter, President of Friends of Bass Lake and a 35 -year resident of Minnekanda Neighborhood, spoke to the Council. He stated the city must include a capital project to reduce water volumes. He noted he has been a Boy Scout leader for six years and has worked with scouts at Bass Lake on projects that have helped many of the scouts become interested in a career in forestry and biology. He added these are boys who are not involved in sports and who may be on medications for attention deficit issues. This lake has provided them with an outlet and an area in which to learn. Mr. Carpenter noted that while there are not large numbers of residents speaking out on Bass Lake, it is a concern to many in the area. He read a letter written 30 years ago to the St. Louis Park City Council that told of residents' deep concerns about the Bass Lake area and encouraged the City Council to address the issues of concern at that time. He stated this letter could have also been written today to address some of the same concerns about preserving Bass Lake and the area around it. Mayor Spann closed the public hearing. Councilmember Hallfin asked where sediment goes when it is washed away. Mr. Francis stated that this sediment typically is landfilled. Councilmember Mavity acknowledged Mr. Carpenter's presentation and appreciated his perspective. She agreed there are many underrepresented voices; however, she added this does not mean it is not an important issue. She added she appreciates what Mr. Carpenter and the Friends of Bass Lake are doing to make sure that Bass Lake remains on the City Council's radar, and to guide the Council, even though complexities continue to be a challenge. Councilmember Mavity stated she appreciates all the work being done by staff on this issue, and asked if the city is fully in compliance with the city's regulatory partners at this time. She also asked about metrics that staff has for measuring the amormts of sediment removed. Mr. Francis stated the city is making great strides to maintain compliance. He noted the city would fare very well if audited by the MPCA. Mr. Harmening added the city is in compliance with what the regulators require. The city does have certain goals to meet and show progress on. He added the city must reduce its levels of phosphorus and also show the MPCA that this is being worked on. He reiterated he does not want anyone to think the city is not in compliance, because the city is in compliance. Mr. Francis agreed. Councilmember Mavity thanked Mr. Harmening for the clarification and stated it would be helpful in the future to have year over year comparisons. Councilmember Sanger thanked staff for the information and asked what steps the city takes to educate the average home owner on storm sewer dumping. Mr. Francis stated City Council Meeting -5- June 6, 2016 there is a lot of community outreach and education on this issue, such as the clean water partnership program. The city needs to work on reaching more people and having a more focused message on discharge, such as pollutants and pet waste. Councilmember Sanger stated it is incumbent on the city to help educate homeowners on this and asked what the penalty is if a homeowner dumps pollutants into the stormwater sewer. Mr. Francis stated there are several levels of enforcement, and fines may be levied. A major polluter would likely be handed over to the MPGA, and enforcements or legal action would ensue. Mayor Spann added the city has issued letters of warning and asked why the city does not issue citations. Mr. Francis stated that most likely because the builders were able to clean up and come back into compliance before a time limit expired. Typically, once notified, builders respond quickly. Mayor Spano stated if a resident did not clean up within the timeframe, he would suggest a fine or citation. He also asked about the larger polluters that would be handled by the MPCA and if these would be businesses or if it is volume based. Mr. Francis stated it may be both, but the city typically handles smaller situations, and larger situations would be referred to the regulatory agencies. Councilmember Brausen noted the state outlawed phosphorus fertilizer for residential use but not for commercial uses, such as golf courses. He asked about this and if it is correct. Mr. Francis stated that phosphorus is allowed for one-time use for the establishment of vegetation but not for subsequent uses. 6b. Zarthan Avenue South Right of way Vacation Mr. Morrison presented the report. He explained that staff requests the vacation of Zarthan Avenue right-of-way (located just north and east of 36"' Street and Wooddale Avenue, near the future Wooddale LRT station) for the purpose of preparing the land for future redevelopment. This property is currently owned by the city and used for public parking. The right-of-way is not needed for public purposes; therefore, it can be vacated and combined with the adjacent properties. The city owns the adjacent properties to the west and east of the subject right-of-way, so it will receive the majority of the land. A small piece of the right-of-way at the north end will go to the Hennepin County Regional Rail Authority because it owns property located at the north end of the right-of-way. Mayor Spano opened the public hearing. There were no speakers. Mayor Spano closed the public hearing. Councilmember Hallfin asked staff to clarify if this action is to allow for plarmed redevelopment in this area. Mr. Morrison stated the vacation is being proposed in anticipation of future development. Councilmember Mavity asked if there is a specific development planned for this site, noting that a proposal in this area will be discussed at the study session following the meeting. Mr. Morrison confirmed that it is not in preparation for a specific development. City Council Meeting -6- June 6, 2016 It was moved by Councilmember Mavity, seconded by Councilmember Miller, to approve First Reading of the Ordinance vacating the right-of-way and set the Second Reading of the Ordinance for June 20, 2016 The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Conditional Use Permit — Super America Express, 6405 Minnetonka Blvd. Resolution No. 16-074 Mr. Morrison presented the staff report. He noted the applicant wants to reopen the vacant motor fuel station located at the intersection of Minnetonka Blvd. and Dakota Avenue and operate it as a Super America Express gas station. A motor fuel station is allowed in the Cl Neighborhood Commercial zoning district by Conditional Use Permit (CUP). A CUP, however, was not previously approved on this site; therefore, a CUP must be approved before the fuel station can reopen. The applicant intends to reopen the fuel station as it exists today, with some minor site changes to improve traffic flow through the site, and to bring the property closer to compliance with landscaping and lighting. There was a neighborhood meeting on April 14, 2016, and ten residents attended and were supportive of the proposal to reopen the station. Screening of the station from the residential properties to the west and south was an important concern. The hours of operation for the station will be 7 a.m. - 11 p.m. Mr. Morrison added that the Planning Commission recommends approval of the CUP. Councilmember Hallfin asked if the applicant wants to change the station's hours in the future, would he have to come back to the city to do so. Mr. Morrison stated the applicant would need to come back because the hours of operation are regulated by Conditional Use Permit in the C-1 District. Councilmember Sanger asked if given that the station will be closed overnight, will the city require the applicant to turn off all exterior lighting during the overnight howl. Mr. Morrison stated this is not written into the CUP, adding that the applicant would want to have some overnight lighting for security purposes. Councilmember Sanger stated she is concerned about lights shining into resident's homes at night. Mr. Morrison said staff will work with the applicant so the overnight lighting will be dim and not intrusive. Councilmember Lindberg asked if all issues have been reasonably addressed in this CUP and everyone is in agreement on all. Mr. Morrison said yes, except for the southwest corner where staff is recommending additional landscaping. Councilmember Lindberg asked if all has been taken care of in terms of property maintenance. Mr. Morrison stated yes. All sidewalks will be repaired and all pumps replaced with new ones. The building will be branded with new Super America signage. City Council Meeting -7- June 6, 2016 Councilmember Brausen asked if any trees will impact the line of sight at the intersection. Mr. Morrison stated the plan has been reviewed by the city forester, and what is proposed meets all requirements. Councilmember Lindberg asked about the county requirements of the grass grid, what they are trying to accomplish here, and what the city's role is related to this. Mr. Morrison stated the grass grid provides a visual barrier designed to discourage use of the access by motorists, but to allow access for the fuel delivery truck. The city is facilitating the discussion between the applicant and county. Mayor Spano asked with all the new trees, new landscaping, new signage, and the use of an old building, which has not been used in a while, what is the applicant's plan to upgrade. Mr. Morrison stated that the applicant has been addressing graffiti and maintenance issues over the years while the building was vacant. Recently, the applicant painted and cleaned the building in preparation for reopening. He -will add new signage, It was moved by Councilmember Lindberg, seconded by Councilmember Sanger, to waive the reading and adopt Resolution No. 16-079, Conditional Use Permit to allow a motor fuel station with conditions as recommended by staff 8b. Authorize execution of a professional services contract with Kimley Horn in the amount of $195,200 for the Municipal State Aid (MSA) Rehabilitation Project - Texas Ave (Highway 7 to Minnetonka Blvd) Project No. 4017-1101. Councilmember Lindberg noted this is a reconstruction project at Oakhill and Aquila. He thanked staff for their hard work on this and on engaging the public in this infrastructure project. Councilmember Lindberg explained if council moves forward with this item, a letter will immediately go out to residents regarding the survey work that will be conducted. He added a summer open house will be held to gather public input, including information on traffic redesign and the potential of more bike facilities on Texas Ave. Councilmember Lindberg added there will be a decision by council in early 2017, which would require a discussion about parking and other impacts for residents. He stated he wants the public to be aware of this. He noted there will be a lot of opportunities for public input on this project, and he invited citizens to participate. It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to authorize execution of a professional services contract with Kimley Horn in the amount of $195,200 for the Municipal State Aid Rehabilitation Project — Texas Ave (Highway 7 to Minnetonka Blvd). The motion passed 7-0. 9. Communications Mr. Harmening noted there will be a clean-up event from 8 a.m.—I p.m. on Saturday, at the Municipal Service Center on Oxford Street. He added that there will be an open City Council Meeting -8- June 6, 2016 house next Tuesday at the Fire Department -Station 1, from 5:30-8:30 p.m., near Wooddale and Oxford St. Councilmember Brausen commented on an item from the consent agenda, noting that city staff recommended the city reject bids on a concrete project. He thanked staff for helping to maintain fiscal integrity. Mayor Spano recognized the St. Louis Park historical society, and pointed out the great information that is available on their website. 10. Adjournment The meeting adjourned at 8:38 p.m. Melissa ennedy, /City Clerk