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HomeMy WebLinkAbout2017/11/20 - ADMIN - Minutes - City Council - Regular11ISt. Louis Park MINNESOTA 1. Call to Order Mayor Spano called the meeting to order at 7:55 p.m. OFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 20, 2017 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. Harmening), City Attorney (Mr. Mattick), Economic Development Coordinator (Mr. Hunt), Principal Planner (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), and Recording Secretary (Ms. Pappas). Guests: Citizens concerned about flavored tobacco Ia. Pledge of Allegiance 1b. Roll Call 2. Presentations — None 3. Approval of Minutes 3a. City Council Special Study Session Minutes November 13, 2017 It utas moved by Councilmember Lindberg, seconded by Councilmembers Brausen, to approve the November 13, 2017 Special Study Session meeting minutes as presented. The motion passed 7-0. 4. Approval of Agenda and Items on Consent Calendar 4a. Adopt Resolution No. 17-175 authorizing the award of the 2018 Arts and Culture Grants. 4b. Adopt Resolution No. 17.176 authorizing installation of parking restrictions on the north side of W. Lake Street between 5622 and 5624 W. Lake Street. 4c. Adopt Resolution No. 17-177 authorizing installation of permit parking restrictions in front of 2829 Louisiana Avenue South. 4d. Moved to 8b. 4e. Adopt Resolution No. 17-178 Authorizing Execution of a Renewed Lease with the State of Minnesota Department of Transportation (MnDOT) for Webster Park. Mr. Harmening removed item 8b fiom the regular agenda as it no longer needed to be approved by council. Mayor Spano requested that Consent Calendar item 4d be moved and placed on the Regular Agenda as item Sb. It was moved by Councilmember Hallfrn, seconded by Councilmember Brausen, to approve the Agenda and items listed on the Consent Calendar as amended, to remove City Council Meeting -2- November 20, 2017 Regular Agenda item 8b; to move Consent Calendar item 4d to the Regular Agenda as item 8b; and, to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Sale of Flavored Tobacco Products Mr. Hoffinan presented the staff report. He noted that during the October 2, 2017, study session, the council discussed possible regulation of various flavored tobacco products and reviewed a draft ordinance as prepared by the City Attorney. Mr. Hoffman reminded those present that on October 1, 2017, the city ordinance prohibiting sales of tobacco products to anyone under the age of 21 went into effect. Regulating the sale of flavored tobacco products is another phase to reduce youth exposure and eliminate initial tobacco usage. Mr. Hoffman stated that the notice of the ordinance being considered was mailed to all tobacco license holders more than thirty days in advance, and informational meetings were offered by staff on October 25 and 26 to explain the proposed regulation and answer questions. He noted a representative of the Independent Vapor Retailers of Minnesota, was the only person who attended the meeting. If adopted, the ordinance prohibiting retail sales of all flavored tobacco products would be effective May 1, 2018. Councilmember Brausen asked if this ordinance passes constitutional approval. Mr. Mattick explained that the state allows city ordinances to be stricter than state statutes. The city has a strong basis for these types of ordinances, especially for public health reasons. Mayor Spano opened the public hearing. Gretchen Garmin, 525 Portland Avenue, Minneapolis, is a senior planning analyst with Hennepin County. She noted that public health workers focus on preventing death from tobacco and on stopping youth from starting to smoke. In 2016, youth smoking was down, but when flavored tobacco and e-cigs are included in the numbers, usage was up. All of these products contain nicotine and lead to further tobacco addiction. She stated that flavored tobacco is sold in bright colored packaging to attract youth to purchase tobacco products. Ms. Garmin stated that most flavored tobaccos are sold in convenience stores, where youth tend to shop. She stated that stopping these sales, plus restricting any tobacco sales to those under 21 years old, will help. She encouraged the council to vote in favor of the ordinance. Matt. Flory, 3244 Edgewood Avenue South, stated that he works at the American Cancer Society. Every day his children watch school kids get off the bus and smoke in front of his home, so he appreciates the council's work to raise the tobacco age to 21. However, he noted that this is still a problem because fruity and candy flavored tobacco is appealing to kids. He thanked the council for being leaders in this issue and stated that he hopes St, Louis Park will be the first community in Minnesota to prohibit flavored tobacco. City Council Meeting -3- November 20, 2017 Richard Patterson, 4326 Wooddale Avenue, stated that he is a pediatric neuro -radiologist, and a St. Louis Park resident since 1989. He stated that he appreciates what the city has done to protect children from the hazards of smoking. He added medical literature on this issue is alarming, and while tobacco smoking continues to present a downward trend, the use of flavored tobacco is on the rise. He added that smoking causes narrowing of heart vessels, and it is much easier to not start smoking than to quit. Mr. Patterson asked the council to support the ordinance. Esther Tenler, 248 Queen Ave. South, Minneapolis, stated that she attends St. Louis Park High School; is president of the Feminism Club and of the Medical Club; and hopes to work in psychology someday. She stated that many kids in school use flavored tobacco products, adding that this can lead to life-long addiction. She thanked the council for their attention to this issue, adding that she is proud to be part of a community that takes it seriously. Kirsten Hanson, 4908 Arlington Drive, Minnetonka, stated that she has been a social worker at St. Louis Park High School for 21 years. She stated that students don't realize that flavored tobacco contains nicotine. She added that in a community that puts children first, the council should support this ordinance. Dr. Melanie Lind Ayers, 4221 Princeton Avenue South, stated that she has been a physician at Park Nicollet for the past 7 years and has lived in St. Louis Park for 8 years. She noted that working for Park Nicollet and HealthPartners, she has devoted her life to the health of the community. She thanked the city and the council for doing all they do to encourage a healthy lifestyle. She stated that vaping and smoking can lead to dependency, chronic addiction, and numerous other health issues. She asked the council on behalf of Park Nicollet - the largest employer in the city — to make us proud and take steps to help youth by supporting this ordinance. Aton Weinstin, 2732 Montreal Avenue South, stated that he is a 10th grader at St Louis Park High School, with deep family roots in the city. He stated that many of his peers at school see smoking as a cool thing, and then they become hooked. He stated smoking can lead to health problems and nicotine addiction. He asked the council to vote in favor of the ordinance to make St. Louis Park healthier now and in the future. Laura Silberfarb, 2617 Natchez Avenue South, spoke with her daughter Gabriella and her daughter's friend Dena. She thanked the council and Councilmember Sanger, who has led the way on this issue. She highlighted the fact that the surgeon general released a report on the effects of flavored tobacco and that nicotine creates addiction. She stated that removing flavored tobacco from stores also removes a powerful means of attracting kids. She noted that only 3 other cities in Minnesota have limited the sales of flavored tobacco - Minneapolis, St. Paul, and Shorewood. If the council passes this ordinance tonight, St. Louis Park will be the only city in the state to pass both ordinances. Ms. Silberfarb asked the council to vote in favor of the measure. Mayor Spano closed the public hearing. Councilmember Sanger thanked all who attended and spoke in support of this ordinance. She also thanked those who sent emails and made phone calls. She stated that she brought up this issue over a year ago, with the goal of helping the public health of the younger City Council Meeting -4- November 20, 2017 population and the entire community. She added that flavored products appeal to young people and get them hooked, adding that she has not heard from one person who thinks this ordinance is not a good idea. She hopes that the council will pass this ordinance and send a message to other communities in Minnesota and elsewhere that they should do so, as well. Councilmember Miller thanked all for coming out and Councilmember Sanger for bringing this issue to the attention of the council. He noted that he did not realize this was an issue until Councilmember Sanger brought it forward, adding that he would like the council to vote to ban menthol products soon, also. Councilmember Brausen stated that he is in support of this ordinance and challenges the surrounding communities to pass similar ordinances, especially since people can drive to other communities to get these products. Councilmember Hallfm added he was the lone vote to not support the 21 and younger ordinance; however, he will support this ordinance. Councilmember Mavity thanked Councilmember Sanger, as well, and the community for their grassroots effort to bring this ordinance forward. She stated that she is sure shop owners will find other products to put on their shelves, Councilmember Lindberg added his thanks to the community for their support of this ordinance, adding that it is a Children First issue, and that is why he will support it. He noted that it makes a statement on St. Louis Park's values. Mayor Spano stated that marketing of these products to kids is not a fair fight. Speaking as a former tobacco user, he empathizes with those who use these addictive products. He added that St. Louis Park's initiatives are typically adopted by other cities, as well, so he is confident that banning flavored tobacco products will be pursued by other communities in the future. It was moved by Councilmember Sanger, seconded by Councilmember Miller, to approve first reading of an ordinance prohibiting the sale of flavored tobacco products and set second reading for December 4, 2017. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public —None S. Resolutions, Ordinances, Motions and Discussion Items Sa. Zoning Ordinance Amendment to Allow a 31" Shift in Industrial Districts Mr. Morrison presented the staff report. He stated that the applicant Lyman Lumber operates a building supply distribution center at the Westside Center located at 5320 23" Street. The applicant would like to expand its operation by starting a third shift; however, they are unable to do so according to the city's zoning ordinance, which prohibits industrial uses from operating between 10 p.m. and 6 a.m., Monday through Saturday, when the industrial property is located adjacent to a residential property. Therefore, the City Council Meeting -5- November 20, 2017 applicant is requesting an amendment to the code to allow a third shift, with specific conditions listed in the proposed ordinance. Mr. Morrison continued that the applicant feels the third shift would not impact the residential property because all activities conducted during the third shift would be conducted indoors; shipping and receiving will not be permitted; equipment will not be permitted outdoors; and the building is located more than 300 feet from a residential property line. The proposed industrial activities and conditions of approval are discussed in the staff report. Mr. Morrison noted that a neighborhood meeting was conducted on October 4, 2017, and seven people attended. Those in attendance had a tour of the building, and it was confirmed that when the doors were closed, noise was not noticeable from outside the building. The Planning Commission recommends approval of the amendment. Mr. Morrison noted a comment given to staff by Councilmember Sanger regarding the condition restricting employee traffic. Her concern was that it could be interpreted to mean employees can operate vehicles during the restricted hours. Mr. Morrison presented an amended condition to clarify that no business related traffic can occur during the restricted hours. Councilmember Sanger thanked staff for working on this change to help tighten the ordinance, in light of neighbors contacting her. She stated that she approves of this amendment. Councilmember Lindberg asked if the only traffic during the third shift will be employees coming and going from work. Mr. Morrison stated yes. Councilmember Mavity asked for clarification on the area of the mini storage located north of Minikanda Oaks and the buffer there. Mr. Morrison stated that there is a narrow strip of land located along its northern property line that is outside the 300 foot buffer and is therefore eligible for a 3rd shift; however, it is so narrow that it is unlikely a business could operate in the space. Councilmember Mavity asked if this would allow a 3" shift in the vicinity of the proposed Planned Unit Development at the southeast corner of County Road 25 and Beltline Blvd. Mr. Morrison stated that the buffer would allow for a 3rd shift. Councilmember Mavity asked if the buffer would change if housing were included in the Planned Unit Development, Mr. Morrison stated no. Councilmember Mavity added that she has concerns that if the PUD is used for residential, the city might end up with a multi -family, mixed-use building in this area, with overnight work allowed there. Mr. Morrison stated that under current code, that would be allowed, but violations would be addressed. Councilmember Mavity asked if this would be an administrative action or a council action. Mr. Morrison stated that it would be an administrative action. Mayor Spano stated he lives next to Methodist Hospital, a business with a third shift. He asked that staff keep a close eye on the snow blowing, leaf blowing, and any other maintenance, as it can be very loud. He added that while he is supportive of this amendment, he wants to be sure staff flags this issue as it relates to neighborhood livability. City Council Meeting -6- November 20, 2017 It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to approve First Reading of an Ordinance amending Chapter 26 of the City Code relating to zoning to allow a third shift with conditions at Industrial zoned properties when adjacent to residential zoned properties, and to set the second reading for December 4, 2017. The motion passed 6-1 (Councilmember Mavity opposed). 8b. Designate Municipal Builders, Inc. the lowest responsible bidder and authorize execution of a contract with the contractor in the amount of $3,107,100.00 for the Water Treatment Plant #4 Rehabilitation Project No. 5318-5004 Mayor Spano stated he wants to be certain that residents know this project is moving forward. It was moved by Councilmember Hallfin, seconded by Councilmember Brausen, to Designate Municipal Builders, Inc. the lowest responsible bidder and authorize execution of a contract with the contractor in the amount of $3,107,100.00 for the Water Treatment Plant #4 Rehabilitation Project No. 5318-5004. The motionpassed 7-0. 9. Communications Councilmember Brausen stated that he, the Mayor and Councilmember Hallfin attended the National League of Cities conference in South Carolina earlier this week. He encouraged other council members to attend in future years. Mayor Spano commented that he presented at the conference in the general session as a panel member with other city mayors from across the country on the topic of race equity. He noted during the panel discussion that in St. Louis Park race equity is very much a council and city initiative and is not driven by anyone else. He said that it was a great opportunity to highlight all the work the city has done. He added that many conference attendees approached him afterwards to make comments and learn more about St. Louis Park's initiatives. 10. Adjournment The meeting adjourned at 9:00 p.m IAl 1i �hUMN