HomeMy WebLinkAbout2015/01/20 - ADMIN - Minutes - City Council - Regular JIfSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JANUARY 20, 2015
1. Call to Order
Mayor Pro Tern Spano called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Pro Tern Jake Spano, Tim Brausen, Steve Hallfin, Gregg
Lindberg, Anne Mavity, and Susan Sanger.
Councilmembers absent: Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human
Resources (Ms. Deno), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Senior Planner (Mr.
Walther), Planning/Zoning Supervisor (Ms. McMonigal), Associate Planner (Mr. Kelley), and
Recording Secretary(Ms Hughes).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Recognition of Donations
Mayor Pro Tern Spano expressed the City Council's thanks to the Sherburne-Crouse
Family for their $150 donation for the purchase of a Bicolor Oak tree at Westwood Hills
Nature Center and expressed thanks to the St. Louis Park Hockey Association for their
$100,000 donation for capital improvements at the Rec Center.
3. Approval of Minutes
3a. City Council Meeting Minutes of January 5, 2015
The minutes were approved as presented.
3b. Special Study Session Meeting Minutes of January 5, 2015
The minutes were approved as presented.
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.
City Council Meeting -2- January 20, 2015
4a. Moved to Item 8f.
4b. Adopt Resolution No. 15-007 approving acceptance of a $150 donation from the
Sherburne-Crouse family for the purchase and installation of a Bicolor Oak tree,
dedicated in the name of the Sherburne-Crouse Family, in Westwood Hills Nature
Center.
4c. Adopt Resolution No. 15-008 approving acceptance of a monetary donation from the
St. Louis Park Hockey Association in the amount of$100,000 to be used for capital
improvements at the Rec Center or other hockey related improvements within the city
that are agreeable to both the City of St. Louis Park and the St Louis Park Hockey
Association.
4d. Approve for Filing Parks & Recreation Advisory Commission Meeting Minutes of
July 30, 2014.
4e. Approve for Filing Parks & Recreation Advisory Commission Meeting Minutes of
September 17, 2014.
4f. Approve for Filing Planning Commission Meeting Minutes of November 19, 2014.
4g. Approve for Filing Environment and Sustainability Commission: Sustainable SLP
Meeting Minutes of December 3, 2014.
Councilmember Brausen requested that Consent Calendar item 4a be removed and placed
on the Regular Agenda.
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to
approve the Agenda and items listed on the Consent Calendar as amended to move
Consent Calendar item 4a to the Regular Agenda as item 8f, and to waive reading of all
resolutions and ordinances.
The motion passed 6-0 (Mayor Jacobs absent).
5. Boards and Commissions
5a. Appointment of Citizen Representatives to Boards and Commissions
It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to
appoint the Citizen Representatives to the commissions and terms listed below•
Name Commission Term Expiration
Stuart Williams Fire Civil Service Commission 12/31/2015
Jay Arneson Police Advisory Commission 12/31/2017
Tiffany Hoffmann Police Advisory Commission 12/31/2015
Maren Anderson Telecommunications Advisory Commission 12/31/2017
The motion passed 6-0 (Mayor Jacobs absent)
5b. Appointment of Citizen Representatives to the Southwest LRT Community
Advisory Committee
City Council Meeting -3- January 20, 2015
It was moved by Councilmember Sanger, seconded by Councilmember Lindberg, to
appoint Bill James, Sara Maaske, and Janet Weivoda as Citizen Representatives to the
Southwest LRT Community Advisory Committee for two-year terms
The motion passed 6-0 (Mayor Jacobs absent)
6. Public Hearings
6a. Public Hearing—MGM Liquor License (New Owner)
Ms. Stroth presented the staff report and stated that JAW Management, LLC, dba MGM
Wine and Spirits, has made application for an off-sale intoxicating liquor license at 8100
Highway 7. She stated the existing liquor establishment is owned and licensed to MGM
St. Louis Park, LLC, who are in the process of selling the business and subleasing the
property to IAW Management, LLC. She stated the off-sale intoxicating liquor license
will cover the period through March 1, 2015, and renewal consideration for the next
license term will occur on February 2, 2015. She introduced Mr. David Weisman, CEO
of JAW Management, LLC.
Mayor Pro Tern Spano opened the public hearing. No speakers were present Mayor Pro
Tem Spano closed the public hearing.
It was moved by Councilmember Lindberg, seconded by Councilmember Mavity, to
approve Off-Sale Intoxicating Liquor License for IA W Management, LLC, dba MGM
Wine and Spirits, located at 8100 Highway 7, for the license term through March 1,
2015
The motion passed 6-0 (Mayor Jacobs absent).
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Comprehensive Plan Amendment — Highway 7 & Glenhurst Avenue
Redevelopment. Resolution No. 15-009.
Mr. Kelley presented the staff report and explained that the request to amend the
Comprehensive Plan Land Use Map is driven by a development proposal consisting of
150 units and 10,000 square feet of office space. He presented an aenal map of the site
and a concept rendering depicting the north elevation facing CSAH 25 and explained that
the 150-unit apartment building is five stones with the upper stones set back from the
first level and includes some affordable units with an overall density of 69 units per acre.
He stated that surface parking for the office building is provided in the middle of the site
and residential parking is located under the southern building and noted that the current
proposal includes more parking than the City requires. He advised that the City
completed a traffic study in relation to the proposed project and the results indicate no
change in the level of service of the identified intersections, but would add 73 a m. peak
tnps and 79 p.m. peak trips compared to the existing uses. He stated that staff reviewed
the existing conditions of France Avenue in relation to the proposal and there are a
number of options being considered by Engineenng and Public Works staff. He
City Council Meeting -4- January 20, 2015
reviewed the public process and stated that residents were generally supportive of the
project but raised concerns about the lack of existing on-street parking and how this
project might impact parking as well as concerns about what happens to France Avenue.
He then introduced Mr. Rob Bader (Bader Development) and Mr. Sheldon Berg and Mr.
Dean Dovolis (DJR Architecture).
Gary and Kristin Wolfe, 3907 West 31" Street, stated they are supportive of the project
but want to make sure the building stays three stones on the 31" Street side in keeping
with the scale of the surrounding area.
Mr. Dean Dovolis, DJR Architecture, stated the height of the building is approximately
30-35' above ground level on the 31s` Street side and confirmed that the building will be
three stories tall on this side of the street.
Ms. Glona Wolfe, 3911 West 31st Street, stated she was also concerned about height and
would like to see the proposed building even less than three stones.
Mayor Pro Tern Spano stated the developer will be submitting a PUD for Council
approval and the PUD will specify the height of the building.
Mr. Harmening asked if the adjacent property owners would be notified as part of the
PUD approval process.
Mr. Kelley replied in the affirmative.
Mr. Harmening stated that another neighborhood meeting could be scheduled as the final
details of the proposed project are finalized.
Councilmember Mavity requested information about the affordable housing component
envisioned in this project.
Mr. Rob Bader, Bader Development, advised they are planning on 150 total units with
approximately 20% of the units being affordable or about 30 units.
Councilmember Brausen spoke in favor of the project and stated he thought the proposed
development would generate substantial rents at market rates and was happy to see 20%
of the units as affordable and anticipated that any government assistance would be very
nominal. He added he was concerned about market forces dnving up the rent pnces
because of the highly desirable nature of this property.
Councilmember Lindberg spoke in favor of the project but continued to be concerned
about the loss of single-family homes.
Councilmember Hallfin stated he has generally not supported projects that result in the
loss of single-family homes but felt this was the right development for this site and would
support it.
Councilmember Sanger felt the project represented a good land use for this area and
thanked the developer for keeping the building relatively scaled down. She was also
City Council Meeting -5- January 20, 2015
concerned about the loss of single-family homes and was disappointed about the loss of
the ASAP Building due to its historical and architectural significance.
It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to adopt
Resolution No. 15-009 Approving an Amendment to the 2030 Comprehensive Plan for
the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364 (3907 State
Highway 7, 3915 State Highway 7, 3031 Glenhurst Avenue, 3914 3151 Street West, 3918
31St Street West).
The motion passed 6-0 (Mayor Jacobs absent).
8b. Major Amendment to Homewood Suites Planned Unit Development (PUD).
Resolution No. 15-010.
Mr. Walther presented the staff report and explained that the original approvals for the
site plan indicated a 25' setback for the trash room and the City recently learned that the
trash room was built with an 18' setback. He stated that the seven-foot encroachment is
contrary to the PUD and requires a major amendment and advised that staff reviewed the
amendment for impacts such as parking, DORA, and screening and found no impacts
He added that this discrepancy was the result of an oversight and staff did not catch the
inconsistency in the drawings.
It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to adopt
Resolution No. 15-010 Amending and Restating Resolution No 07-088 adopted on
August 20, 2007, Approving a Preliminary and Final Planned Unit Development under
Section 36-367 of the St. Louis Park Ordinance Code Relating to Zoning to Allow a Side
Setback of 18 feet for an Existing Trash Room for Property Zoned O-Office located at
5305 Wayzata Boulevard.
Councilmember Lindberg requested confirmation that Council's approval of this major
amendment would not set a precedent.
Mr. Walther replied that this was correct.
Councilmember Mavity stated she was not happy about this amendment even though the
amendment is not dramatic to the project, but shared Councilmember Lindberg's
concerns about sending a message that Council will retroactively approve things that
were not previously approved, adding this is not a habit this Council will get into
The motion passed 6-0 (Mayor Jacobs absent).
8c. Off-Sale Intoxicating Liquor Licenses. Resolution No. 15-011.
Ms. Deno presented the staff report and explained that the January 12th study session
included a discussion about the number of off-sale intoxicating liquor licenses and
direction for staff to prepare a resolution limiting the number of off-sale intoxicating
liquor licenses while Council studies the issue. She advised that the resolution places a
hold on the number of these licenses to the current number of 16 and would be in place
through December 31, 2015, unless Council takes action prior to that date, adding that if
no action is taken, the current language would remain in place.
City Council Meeting -6- January 20, 2015
Mr. Brad Meier, TwinWest Chamber of Commerce, stated that TwinWest Chamber of
Commerce does not think it is good policy to limit businesses or determine who can do
business in a city through a regulatory process. He stated it does not appear that the
amount of liquor stores is creating issues with respect to public nuisance or public safety.
He indicated that TwinWest Chamber of Commerce does not like to see the free market
system stopped or slowed down and does not want to see a moratonum put in place and
asked Council to reconsider the matter.
Councilmember Sanger stated she would not support a moratorium. She previously
questioned her colleagues about what problem a moratorium is intended to solve and the
concerns about how tacky it looks to have so many liquor stores in one area. She did not
agree with this and noted that Council has other tools in place to deal with tackiness,
adding she did not feel it was Council's role to limit the number of licenses or to limit
competition and the liquor stores are not causing public safety problems.
Councilmember Mavity stated she was supportive of a time-limited moratorium to give
Council time to study some of these questions that have been raised. She stated that
Council's responsibility is to create ordinances with the vision that residents want for the
community and felt it was incumbent on Council to study the issue and make sure the
vision of the community is reflected.
It was moved by Councilmember Mavity, seconded by Councilmember Lindberg, to adopt
Resolution No. 15-011 Limiting Number of Off-Sale Intoxicating Liquor Licenses.
Councilmember Lindberg stated he raised this issue after heanng from residents about the
number of liquor stores in the Knollwood area. He felt this was a neighborhood issue and
it was his responsibility to listen to residents. He reminded Council that the need for
further study is driven in part by the fact that a neighborhood has raised the issue and for
that reason, as well as the accompanying data, he would support the resolution.
Councilmember Brausen stated he would not support the resolution and did not feel there
was a problem. He stated if people are going to support liquor stores, the liquor stores
stay in business and if people do not support the liquor stores, then they close. He stated
there is no public safety issue and he did not understand why Council was trying to solve
a problem that does not exist.
Councilmember Hallfin spoke in support of the motion and agreed that the issue should
be further studied. He noted that the previous Council made a decision to limit the
number of pawnshop licenses in the City even though there was no regulatory limit.
Mayor Pro Tern Spano spoke in support of the motion and stated he wanted to make sure
that Council has a thoughtful and deliberate discussion of the issue.
Councilmember Sanger stated it was her understanding there is currently an entity
discussing the possible opening of another liquor store in the City and asked if this entity
would be prohibited if the resolution were adopted.
Mr. Scott advised that if Council adopts the resolution, the entity referred to by
Councilmember Sanger would be prohibited from opening under the current resolution
He added that Council could amend the resolution to address the entity but if the current
City Council Meeting -7- January 20, 2015
resolution is adopted, it would not allow any new licenses at new locations between now
and December 31, 2015, or earlier if Council takes action prior to December 31, 2015, to
amend the ordinance.
The motion passed 4-2 (Councilmembers Brausen and Sanger opposed, Mayor Jacobs
absent)
8d. Planned Unit Development (PUD) Ordinance
Mr. Kelley presented the staff report and explained that the proposed amendments
include creating a new PUD section of the City's zoning code, text revisions to provide
clarity throughout the ordinance, and policy changes providing greater flexibility to
Council. He advised that the ordinance provides that final PUDs would be approved as
an ordinance and designated as a unique zoning district on the zoning map. He stated
that PUD amendments are proposed to be reclassified as either administrative or major
with administrative amendments now classified as any change to an applicable measure
that is 10% or less, e.g., 10% change in density, and anything greater than 10% would be
approved as a major amendment. He noted that staff could process amendments as major
if staff feels there are issues that should come to the attention of Council. He stated the
PUD ordinance also includes a requirement that applicants must adhere to the City's
Green Building Policy.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve First Reading of Ordinance Amending Chapter 36 of the St Louis Park City
Code Creating a Planned Unit Development Zoning District, and to set second reading
for February 2, 2015.
Councilmember Sanger asked if Council would have the ability to include a condition in
any PUD approval that a developer would not be allowed to come back to the City and
ask for a 10% increase on a particular measure.
Mr. Walther replied that Council could be explicit in its PUD approval that Council
would not entertain a future request for a 10% increase in density, for example, but
pointed out this would not preclude someone from submitting an amendment request at
another date. He stated that staff would consider any request of this type as a major
amendment for Council approval.
The motion passed 6-0 (Mayor Jacobs absent)
8e. Resolution Approving Annual City Manager Evaluation.
Resolution No. 15-012.
Ms. Deno presented the staff report and explained that the City Council hired consultant
Lynae Steinhagen to assist with the annual performance evaluation of the City Manager
and Council met in closed session on January 12, 2015, to discuss and complete the
performance evaluation.
Mayor Pro Tern Spano stated that feedback received from staff was overwhelmingly
positive and Mr. Harmening is well respected by all and was described as an effective,
City Council Meeting -8- January 20, 2015
inspiring leader and skilled communicator. He added that Mr. Harmening received the
League of Minnesota Cities' Leadership Award in 2014.
It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to adopt
Resolution No. 15-012 Accepting the Annual City Manager Evaluation.
The motion passed 6-0 (Mayor Jacobs absent).
8f. Approve Memorandum of Understanding for the City of St. Louis Park to
participate in the Partners in Energy Program sponsored by Xcel Energy.
Councilmember Brausen requested this item be removed from the Consent Calendar and
advised that the City is entering into an agreement to participate in the Partners in Energy
program sponsored by Xcel Energy, and this came about as the result of an initiative by
the Environment and Sustainability Commission to foster more sustainability practices.
He explained that this is a two-year collaborative with Xcel to develop and implement the
City's energy plan goals and represents a great opportunity at no cost to the City
It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to
approve Memorandum of Understanding for the City of St. Louis Park to participate in
the Partners in Energy Program sponsored by Xcel Energy.
The motion passed 6-0 (Mayor Jacobs absent).
9. Communications
Mr. Harmening invited residents to the 2015 Winter Fun Day on Saturday, January 315t,
at Oak Hill Park from 12:00-4:00 p.m. He stated the St. Louis Park Rotary Club is
hosting the event and further information is available on the City's website.
10. Adjournment
Mayor Pro Tem Spano adjourned the meeti : .t 8.47 ..m.
MAI I
Nancy Staff, Clerk Spa C•,r ayor Pro Tem