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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