HomeMy WebLinkAbout2017/05/15 - ADMIN - Minutes - City Council - RegularfffSt. Louis Park OFFICIAL MINUTES
M I N N E S O T A CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
MAY 15, 2017
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, Gregg Lindberg,
Anne Mavity, Thom Miller, and Susan Sanger.
Councilmembers absent: None.
Staff present: City Manager (Mr. Ilarmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), Economic Development Coordinator (Mr.
Hunt), Director of Community Development (Mr. Locke), Housing Supervisor (Ms. Schnitker)
Assistant Zoning Administrator (Mr. Morrison), and Recording Secretary (Ms. Pappas).
Guests: Rotary Club members
Ia. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Presentation Accepting Monetary Donation from the Rotary Club of St.
Louis Park for the Summer Concert Series
Lisa Abernathy, Recreation Supervisor, accepted a donation in the amount of $1,500
from the Rotary Club of St. Louis Park. The donation is for the city's summer concert
series. Each summer, this donation has helped the city's entertainment budget. She
thanked the Rotary for their continued support.
Members from the Rotary Club spoke and stated that over the last 20 years, Rotary of St.
Louis Park has donated more than $500,000 to programs within the city, including police
department initiatives and Children First.
2b. Retirement Recognition for Bruce Berthiaume, Elwood Backlund and R.
Timothy Jones
Mayor Spano read resolutions and presented a plaque to Bruce Berthiaume for his 35
years of service. Elwood Backlund and R. Timothy Jones were not in attendance. Mayor
Spano also thanked these key employees who have been with the city collectively for
over 45 years, noting this is a well-run city because of employees such as these.
Mr. Harmening added he has known Mr. Berthiaume for many years, noting his work has
helped provide citizens with the most essential of services related to clean drinking water
and disposal of water. He thanked Mr. Berthiaume for his leadership.
City Council Meeting -2- May 15, 2017
2c. Recognition of Kevin Locke's Service
Mayor Spano stated that after 13 years of service, Mr. Locke will be retiring from his
position as Community Development Director but will remain with the city as the part-
time SWLRT Project Specialist, effective May 1, 2017. Mayor Spann read a resolution in
recognition of Mr. Locke's service, into the record. He stated Mr. Locke has overseen
many developments, many visioning processes, and comprehensive plan developments
during his tenure. Mayor Spano stated Mr. Locke has conducted himself with a particular
finesse and maintained positive relationships, while also being a great mentor to his team
and those in leadership roles, including the mayor and councilmembers.
Councilmember Miller added he has also had the pleasure of working with Mr. Locke for
several years, noting that even when you may not agree with him, Mr. Locke has always
been very respectful. He added that Mr. Locke has been an enormous asset to our city.
Mr. Harmening stated that he hired Mr. Locke 13 years ago, noting he has a very great
mind in community development and been a great person to go to for advice. He added
he is glad Mr. Locke will remain at the city.
Mr. Locke thanked the mayor, council, and staff and stated that St. Louis Park was a
great community the day he walked in and remains a great community today. He added
that what impressed him most, besides the pace, was the very inspirational projects and
the fact that the city did not ever change its direction in a major way. He stated he looks
forward to working on S WLRT and thanked everyone.
2d. Recognition of Donations
Mayor Spano noted the following donations: $2,500 from Commrmity Charities of
Minnesota on behalf of the St. Louis Park American Legion Post 282; $2,200 from
Zachary Strouts for the purchase and installation of a memorial bench in Dakota Park
honoring Steven Strouts; $2,200 from Sara Schonwald for the purchase and installation
of a memorial bench in Wolfe Park honoring Javi Moran; $300 from the Mulligan family
for the purchase and planting of a memorial tree in Oak Hill Park honoring Richard
Solseth; and $300 from David and Ruth Bowman for the purchase and planting of a
memorial tree in Wolfe Park honoring Parker Dionne.
3. Approval of Minutes
3a. City Council Special Study Session Minutes March 27, 2017
Councilmember Branson requested a correction on page 3, the 4r1' line down, to delete the
word "to" so it then reads "...advance a green cities level..."
Councilmember Sanger requested a correction on page 5, the paragraph at the end, her
comments should read "...St. Louis Park was one of the very few communities in the
metro area with 100% rating on affordable housing from Metropolitan Council."
It was moved by Councilmember Brausen, seconded by Councilmember Miller, to
approve the March 27, 2017 City Council Special Study Session Meeting Minutes as
amended.
City Council Meeting -3- May 15, 2017
The motion passed 7-0.
3b. City Council Special Study Session Minutes May 1, 2017
It ivas moved by Councilmember Mavity, seconded by Councilmember Sanger, to
approve the May 1, 2017 City Council Special Study Session Meeting Minutes as
presented.
The notion passed 7-0.
4. Approval of Agenda and Items on Consent Calendar
4a. Adopt Resolution No. 17-084 approving acceptance of a monetary donation from
the Rotary Club of St. Louis Park in the amount of $1,500 for the Recreation
Division's Summer Concert Series.
4b. Designate G.L. Contracting, Inc. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $389,882.00 for the 2017
Alley Reconstruction Project No. 4017-1500.
4c. Approve Second Reading and Adopt Ordinance No. 2519-17 amending the St.
Louis Park Home Rule Charter related to Municipal Primary Elections and
Candidate Filing Requirements. (A unanimous vote of all 7 councilmembers is
required for approval.)
4d. Approve Second Reading and Adopt Ordinance No. 2520-17 amending Chapter
36 to add Section 36 -268 -PUD 10, amending the Zoning Map from C-2 General
Commercial to PUD 10, and approve the Summary Ordinance for publication.
4e. Adopt Resolution No. 17-085 to recognize Utilities Field Supervisor Bruce
Berthiaume for 35 years of service, Resolution No. 17-086 to recognize Streets
Public Service Worker Elwood Backlund for 28 years of service, and Resolution
No. 17-087 to recognize Utilities Public Service Worker Tim Jones for 22 years of
service.
4f. Adopt Resolution No. 17-088 rescinding Resolution removing parking
restrictions on the west side of Wooddale Avenue between Vernon Avenue and
Toledo Avenue.
4g. Adopt Resolution No. 17-089 providing for the Sale of $10,000,000 General
Obligation Bonds 2017A. (Requires 6 affirmative votes of the Council.)
4h. Adopt Resolution No. 17-090 authorizing Boy Scout Troop 282's request for
placing temporary signs in the public right-of-way.
4i. Adopt Resolution No. 17-091 approving acceptance of a monetary donation from
Community Charities of Minnesota, on behalf of the St. Louis Park American
Legion Post 282, in the amount of $2,500 for Float & Flick special events to be
held at the Ree Center Aquatic Park.
4j. Adopt Resolution No. 17-092 approving acceptance of a $2,200 donation from
Zachary Strouts for the purchase and installation of a memorial bench in Dakota
Park honoring Steven Strouts.
4k. Adopt Resolution No. 17-093 approving acceptance of a $2,200 donation from
Sara Schonwald for the purchase and installation of a memorial bench in Wolfe
Park honoring Javi Moran.
41. Adopt Resolution No. 17-094 approving acceptance of a $300 donation from The
Mulligan Family for the purchase and installation of a memorial tree in Oak Hill
Park honoring Richard "Dick" Solseth.
City Council Meeting -4- May 15, 2017
4m. Adopt Resolution No. 17-095 approving acceptance of a $300 donation from
David and Ruth Bowman for the purchase and installation of a memorial tree in
Wolfe Park honoring Parker Dionne.
4n. Adopt Resolution No. 17-096 establishing a special assessment for the installation
of a fire suppression sprinkler system at 6509 Walker Street, St. Louis Park, MN.
4o. Approve for filing Board of Zoning Appeals Meeting Minutes of March 23, 2017
4p. Approve for filing Planning Commission Meeting Minutes of April 5, 2017
4q. Approve for filing Planning Commission Meeting Minutes of April 19, 2017
It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, 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 Citizen Representatives to Board and Commissions
Mayor Spano thanked all who applied, saying all were very good applicants, which
makes the process difficult.
Councilmember Brausen added they had over 100 applicants for 8 boards and
commissions. He thanked all who applied.
Councilmember Mavity stated that though the council cannot appoint all who apply,
everyone can use their talents to help in other ways - like planting a tree, helping with
clean up, and being a part of the Visioning 3.0 process. She noted those who are
interested can view the city website and Facebook page for more detailed information.
Councilmember Miller added that another place for people to be involved is in one of the
city's 35 neighborhood associations. He noted this is a great way to give back, as well as
an opportunity to serve.
It was moved by Councilmember Sanger, seconded by Councilmember Miller, to appoint
citizen representatives to the Boards and Commissions cis listed in Exhibit of the staff
report.
The motion passed 7-0.
6. Public Hearings
6a. Establishment of the Elmwood Apartments Tax Increment Financing
District. Resolution No. 17-097
Mayor Spano opened the public hearing. No speakers were present. Mayor Spann closed
the public hearing.
It was moved by Councilmember Mavity, seconded by Councilmember Hallftn, to adopt
Resolution No. I7-097, approving the establishment of the Elmwood Apartments Tax
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Increment Financing District within Redevelopment Project No I (a redevelopment
district).
The motion passed 6-1 (Councilmember Miller opposed).
7. Requests, Petitions, and Communications from the Public — None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Inclusionary Housing Policy.
Ms. Schnitker presented the staff report. She stated that in June, 2015, the council
adopted an Inclusionary Housing Policy that requires the inclusion of affordable housing
units for lower income households in new market rate multi -unit residential
developments receiving financial assistance from the city. The goal of the policy is to
increase the supply of affordable housing and to promote economic and social
integration. Council expressed interest in increasing the affordable housing unit
requirements under the current policy. At the March 18, 2017, study session, staff
presented a proposal to amend the policy to increase the percentage of affordable housing
units required and to add a requirement that developments covered by the policy must not
discriminate against tenants who pay their rent with government provided Housing
Choice Vouchers or other local rent subsidies. The council indicated they were in favor
of amending the policy and instructed staff to return to a future meeting for approval of
an amended policy.
Ms. Schnitker noted the proposed increase of affordable dwelling units presented at the
March 18 study session is as follows:
1. Rental Projects: At least 15% of the units shall be affordable for households at
60% Area Median Income, or at least 10% of the units shall be at affordable for
households at 50% AMI.
2. Ownership Projects: At least 15% of units shall be affordable for households at
80% AMI.
Councilmember Ilallfin asked if this includes townhomes or condos. Ms. Schnitker stated
yes, for 10 or more units. Councilmember Hallfin asked Ms. Schnitker to elaborate more
on the income levels of families who might qualify. She explained that what a family
pays for a property would be no more than 30% of their entire income, not including a
down payment and only the cost of a standard mortgage.
Councilmember Brausen noted a family of four, with both adults working and making a
very low wage, still may not be able to afford the affordable housing, adding that this
shows just how pricy housing has become in our community. He stated his support to
change the percentage of affordable units from 15% to 18%.
Councilmember Mavity stated she agrees with this suggestion.
Councilmember Sanger stated she is fine with raising the percentage from 15% to 18%
but questions how this works practically in owner occupied housing and if down
payments and association fees would be covered, as well. Ms. Schnitker stated this policy
would apply only at the time of the initial purchase. She added if association fees go up,
City Council Meeting -6- May 15, 2017
the purchaser is responsible for paying the increased fees. Councilmember Sanger then
asked if a lower income person is paying for rent with Section 8 vouchers and they feel
discriminated against, what would be the remedy, who would enforce it, and how much
staff time would this involve? Ms. Schnitker stated staff would not get involved in
determining whether discrimination actually took place, adding that the renter would be
advised to contact Housing and Urban Development (HUD) to investigate.
Councilmember Sanger stated she is fine with the percentage increases; however, when
affordable housing is provided, the TIF amount increases. She stated she cannot support
the policy with all of these many unknowns.
Councilmember Mavity expressed concerns related to discrimination based on the source
of funding for a family. She requested that something about non-discrimination for
people receiving public assistance should be added to the policy. She stated she supports
additional protection for residents to be treated fairly.
Mr. Harmening stated if a developer who received TIF does not accept Section 8, it
would be an act of default, and the developer then would not receive their TIF funds.
Councilmember Sanger stated that the concern here goes to what the process is for
determining if a landlord did discriminate and how much staff time and work is involved
in making these determinations.
Councilmember Mavity stated she wants to address the policy more broadly. She added
that she is excited about this policy and making housing affordable. She noted
affordability is one of St. Louis Park's values, and she has concerns about a larger trend
where we are losing access to affordable housing in many areas, including at
Meadowbrook Manor. She stated the change in ownership has resulted in some
improvements and modest rent increases, but changes in tenant eligibility and how that is
applied at Meadowbrook is a concern. So there is a need to focus more on tenant
protections. She thanked residents in attendance at the meeting and for feedback from the
community on this issue.
Councilmember Miller stated he supports Councilmember Brausen's friendly
amendment. He noted the affordable housing in St. Louis Park allows for people to move
into this community and be closer to a larger city. He hopes this will be a way for lower
income individuals and families to be able to own homes, as it has been shown the
primary way to build equity and wealth is to own a home.
Councilmember Lindberg stated he also agrees with Councilmember Brausen's friendly
amendment and credits staff for a fine job in working with developers to realize this
vision of the council. He stated that this policy works, and he will support it.
Councilmember Sanger stated that if a developer requests TIF, they must show eligibility.
She would prefer to move slower on this issue. She also stated that she would prefer to
spend this money to rehabilitate existing affordable housing units. There are many
apartments which are naturally occurring affordable units.
It was mored by Councilmember Brausen, seconded by Councilmember Mavity, to amend
and approve the Inclusionary Housing Policy to increase the required percentage of
City Council Meeting -7- May 15, 2017
affordable housing units in nein market rate multiunit residential developments receiving
financial assistance from the City and add a requirement that developments covered by
the policy must not discriminate against tenants who pay their rent with government
provided Housing Choice Vouchers or other local rent subsidies.
Friendly Amendment: Moved by Councilmember Brausen, seconded by Councilmember
Mavity, to change the percentage of affordable units from 15% to 18% at 60% AMI, and
10% at 50% AMI.
The motion passed 6-1 (Councilmember Sanger opposed).
8b. SNAP Fitness CUP. Resolution No. 17-098
Mr. Morrison presented the staff report. He stated the applicant is requesting a
Conditional Use Permit (CUP) to operate a Snap Fitness 24 hours a day, seven days a
week. The Snap Fitness is currently operating in the commercial multi -tenant building
located at 7210 Minnetonka Blvd., however, it closes at midnight and opens at 6 a.m. The
applicant maintains these hours because the property is zoned CA Neighborhood
Commercial. In this district, business can operate between the hours of 6 a.m. and
midnight without a CUP. The CUP is required if a business wants to operate outside these
hours. He added that while Snap Fitness is requesting to be open 24 hours, the typical
customer is expected as early as 4 a.m. or as late as 11 p.m. The applicant does not
propose any changes to the building or property as a result of the request.
Councilmember Lindberg asked if there are any other comparable businesses that operate
24 hours in the city. Mr. Morrison stated there are not, adding that the applicant did
operate 24 hours in a different location, and there were some issues there with noise and
vibration at that location. The complaints came from the residents living above the
business. Since moving to the new location last fall, there have been no problems because
there are no residents living above the business.
Councilmember Miller asked if the St. Louis Park Police have reviewed this CUP. Mr.
Morrison stated yes, and there are no concerns from the police.
Councilmember Sanger pointed to the noise complaints while the owner was at the
former location, asking what steps have been taken to minimize the noise at the new
location. Mr. Cherney stated he went to court on that issue, and it was addressed and
corrected. He continued that the new location is a stand-alone building, with cement
flooring, and there have been no noise issues. He added that his landlord is their next-
door neighbor at the location. Mr. Cherney continued that there has been no special
mitigation other than his staff's and clients' awareness not to drop heavy weights on the
floors. He added that the facility at the new location is more conducive to serving as a
gym.
Councilmember Lindberg asked if the new location is staffed 24 hours. Mr. Cherney
stated no. They have staffed hours and non -staffed hours, with a magnetic lock for
member -only access to the facility.
Councilmember Brausen added that he appreciates the concern on the hours of operation
but noted that most people working out at night have worked a late shift and come to the
City Council Meeting -8- May 15, 2017
facility after work. These are typically nurses, doctors, and police officers. He has never
heard of there being any anecdotal issues.
Councilmember Lindberg stated he has been hesitant and a bit nervous as this facility is
very close to single family neighborhoods. However, the Planning Commission has fully
vetted this, and he will trust Mr. Cherney and his business to be a good neighbor.
It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to
adopt Resolution No. 17-098, approving a Conditional Use Permit to allow SNAP
Fitness to operate 24 hours, seven days a week with conditions.
The motion passed 7-0.
8c. 2017 International Association of Firefighters (IAFF) Local #993 Labor
Agreement. Resolution No. 17-099
Ms. Deno presented the information on the 2017 labor contract for firefighters. The
contract was for one year, 2017, with a wage increase of 2.75%. At this time, the group
was not interested in moving to the 85t" percentile market position with adding a
requirement for above average performance to advance to the next step in the pay scale.
They would like more time to discuss this with the Fire Chief. This group will remain at
the comparable of market average. Employer contribution for benefits is the same as
other employee groups. Supplemental pay for Fire Prevention Specialist assignment is
increased by 2.75%. Modification to tramp pay language and clarification on clothing
allowance was also included.
Councilmember Hallfin asked if the city ever negotiates contracts which are longer than 1
year. Ms. Deno stated the city can negotiate up to a 3 year maximum, but more recently
they have been 1-2 year contracts.
It was moved by Councilmember Sanger, seconded by Councilmember Miller, to adopt
Resolution No. 17-099, approving a labor agreement between the City and the IAFF
Local #993, establishing terms and conditions of employment for one year, fi°om 1/1/17 --
12/31/17.
The motion passed 7-0.
8d. 2016-2018 International Union of Operating Engineers (IUOE) Local #49
(Maintenance Employees) Labor Agreement. Resolution No. 17-100
Ms. Deno presented the information on the changes to the union contract for Local 49 for
2016, 2017 and 2018. She noted the contract was originally for two years, 2016 and
2017. With changes to the market comparison and compensation program, the city
approached the union to see if they were interested in discussing the new market
comparison at 85`h percentile along with a statement about above average performance
being required to move to the next step of the pay scale. The union agreed to open the
contract, adjust 2017, and add one additional year, 2018. In order to move to the 85`x'
percentile, it was estimated that it would take a two years, 2017 and 2018, to keep the
progression similar to non-union staff and add an additional step each year. Language
was added requiring above average performance as determined by the Superintendent and
City Council Meeting -9- May 15, 2017
Department Head in order to advance to the next step. The general increase for 2018 will
be 3%. Employer contribution for benefits for 2018 will be set at the same rate as other
employees.
It was moved by Councilmember Miller, seconded by Councilmember Sanger, to adopt
Resolution No. 17-100, approving a revised labor agreement between the City and local
49 Union, establishing terms and conditions of employment for three years, f om 1/1/16-
12/31/18.
The motion passed 7-0.
8e. Bid Tabulation: Carpenter Park Regional Stormwater Improvement Project
(4014-4001).
Mr. Elkin presented the staff report. He stated that the project has increased in cost from
what was originally expected, due to the findings of a detailed geotechnical evaluation.
As a result of recommended soil remediation, the estimated construction costs rose from
the CIP estimate of $1,025,000 to $1,630,097.50. Staff believes the benefits of this
project still outweigh this increased cost and are recommending the award of the project
to the apparent low bidder, Peterson Companies.
Councilmember Mavity stated she has been supportive of this project in general as it has
benefits for clean-up for the area and the park. She stated she does have concerns on the
cost escalations. She appreciates that staff has looked for external funding sources, but
even with that, she asked at what point it is too much. Additionally, she noted that on the
budget there is a 10% contingency line, which seems fairly low. She asked what
additional mitigations and soils research staff has conducted. Ms. Heiser stated that staff
looked at the project and cost escalations and is confident the cost increase will take care
of what is needed with this project. She added that the 10% contingency has been added
consistently for the past several years, noting the city has yet to exceed that amount.
Councilmember Mavity stated that as we approach these projects, it would be helpful to
be clear on costs, noting these increases are more dramatic than the council has seen in
years past.
Councilmember Brausen stated he is supportive and added there is a need to address the
city's stormwater issues, noting that 84% of phosphorous is still going into the creek.
Residents need to be more mindful of reducing phosphorous that can get into the
stormwater system.
It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to
designate Peterson Companies, Inc. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $1,753,460.49 for the 2017
Carpenter Park Regional Storrnwater Improvement Project —Project No. 4014-4011.
The motion passed 7-0.
9. Communications
Mr. hlarmening noted there is a 3.0 Visioning survey that residents can fill out on line. He also
noted this week is national law enforcement memorial week, and the city's police will remember
Officer Michael Pollitz this week, noting Officer Pollitz passed away 5 years ago, while on duty.
City Council Meeting -10- May 15, 2017
Councilmember Hallfin reminded everyone of the Cnand Opening this Sunday, May 21, of the
ROC outdoor center at the REC center, and the Children's First ice cream social from 2-5 p.m.
He noted that a majority of his colleagues will be scooping ice cream at the event, and invited all
to attend.
10. Adjournment
The meeting adjourned at 9:10 p.m.
Meliss Kennedy, City Clerk