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HomeMy WebLinkAbout2016/02/01 - ADMIN - Minutes - City Council - Regular11ISt. Louis Park OFFICIAL MINUTES M I N N E S 0 T A CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA FEBRUARY 1, 2016 1. Call to Order Mayor Spano called the meeting to order at 7:39 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. Hannening), City Attorney (Mr. Mattick), Economic Development Coordinator (Mr. Hunt), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), City Clerk (Ms. Kennedy), Senior Engineering Project Coordinator (Mr. Shamla) and Recording Secretary (Ms. Batra). Guests: Robert Murphy (Japs-Olson, Chairman) la. Pledge of Allegiance lb. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. City Council Study Session Meeting Minutes January 11, 2016 It was moved by Councilmember Lindberg, seconded by Councilmember Miller, to approve the City Council Study Session Meeting Minutes of January 11, 2016, as presented. The motion passed 7-0. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to amend the City Council Study Session Meeting Minutes ofdamrary 11, 2016. Councilmember Mavity requested a change on page 6, in the third paragraph from the top. The minutes erroneously stated, "Councilmember Mavity wanted to give a heads up to the Council so that the Council doesn't support those changes." Instead, the minutes should state "Councilmember Mavity provided background on the Metro Cities' policy position on Met Council appointments and reaffirmed that the City supports that approach." The motion passed 7-0. 3b. City Council Special Study Session Meeting Minutes January 19, 2016 Councilmember Sanger requested a change to page 3, at the top, where it states that Councilmember Sanger asked for additional information on whether it would be feasible City Council Meeting -2- February 1, 2016 to delay. She explained that she did not make that statement. Councilmember Hallfin stated that he made that statement. Councilmember Sanger requested a change to page 4, fourth paragraph, which states in part "Councilmember Sanger stated that if the item is used for the public..." She explained that comment was made only with regard to street lights. Mayor Spano stated that he made that statement. It was moved by Councilmember Mavity, seconded by Councilmember Lindberg, to approve the City Council Special Study Session Meeting Minutes of January 19, 2016, with changes. The motion passed 7-0. 3e. City Council Meeting Minutes January 19, 2016 It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve the City Council Meeting Minutes of January 19, 2016, as presented. The motion passed 7-0. 4. Approval of Agenda and Items on Consent Calendar Mavity and Lindberg 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 December 26, 2015 through January 22, 2016. 4b. Adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: • Resolution No. 16-012 imposing civil penalty for liquor license violation on December 15, 2015, at Pei Wei Asian Diner, 5330 Cedar Lake Road, #600 • Resolution No. 16-013 imposing civil penalty for liquor license violation on December 15, 2015, at Raku Sushi & Lounge, 5371 16th Street West • Resolution No. 16-014 imposing civil penalty for liquor license violation on December 10, 2015, at Sam's Club, 3745 Louisiana Avenue South • Resolution No. 16-015 imposing civil penalty for liquor license violation on December 10, 2015, at Smashburger, 8124 Highway 7 • Resolution No. 16-016 imposing civil penalty for liquor license violation on December 10, 2015, at Thanh Do, 8028 Minnetonka Blvd. • Resolution No. 16-017 imposing civil penalty for liquor license violation on December 15, 2015, at Yangtze River Restaurant, 5625 Wayzata Blvd. 4c. Adopt Resolution No. 16-018 for 2016 Liquor License Renewals for the license term of March 1, 2016 through March 1, 2017. City Council Meeting -3- February 1, 2016 4d. Adopt Resolution No. 16-019 approving a Master Subscriber Agreement for MN Court Data Services for Governmental Agencies. 4e. Appoint members to St. Louis Park's Station Design Committee. 4f. Approve the Purchase Agreement between the City and Clear Channel Outdoor, Inc. for the parcel in the Northeast (NE) Quadrant of Highway 7 and Louisiana. 4g. Adopt Resolution No. 16-020 authorizing the special assessment for the repair of the sewer service line at 3528 Xylon Avenue South, St. Louis Park, MN P.I.D. 18-117-21-42- 0018. 4h. Adopt Resolution No. 16-021 authorizing the special assessment for the repair of the sewer service line at 1816 Louisiana Avenue South, St. Louis Park, MN P.LD. 05-117-21- 34-0085. 4i. Appoint Councilmember Tim Brausen as the primary representative and Gregg Lindberg as the alternate to the Highway 169 Mobility Study Policy Advisory Committee. 4j. Adopt Resolution No. 16-022 n rescheduling the public hearing relative to the establishment of the Wayzata Blvd Tax Increment Financing District within Redevelopment Project Area No. 1 (a redevelopment district). It was moved by Councilmember Mavity, seconded by Councilmember Lindberg, to approve the Agenda as presented on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Japs-Olson - Public Hearing and First Reading of Ordinance Vacating Easements Mr. Morrison presented the staff report regarding the first reading of an ordinance vacating a public sewer easement and sewer construction easements. Mr. Morrison explained this request is part of a group, but had to be acted on separately because a public hearing is required. The proposed ordinance will vacate two easements that are in the way of the proposed addition. The easement that runs to the north of the property is a storm water easement, which is not used at this time. A water main is being used to the south, which needs to be relocated west of the site to Powell Road. Once the water main has been relocated, the easement will be vacated, and the building project can proceed. Staff recommended that Council approve the first reading of the ordinance vacating a public sewer easement and sewer construction easements and set the second reading of the ordinance for February 15, 2016. Councilmember Lindberg clarified that the second reading will be held on February 16, 2016 due to the Presidents' Day holiday. City Council Meeting -4- February 1, 2016 Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Mavity and Councilmember Lindberg stated their support of this proposed ordinance because, with this addition, Japs-Olson brings additional jobs to the City. In addition, this project is a successfully executed collaborative effort with the City of Hopkins. Mayor Spano stated that Japs-Olson has been a great member of the business community in the City. He expressed his appreciation for the jobs Japs-Olson brings to the City, along with their philanthropic work. Mayor Spano stated his support of this proposed ordinance. It was moved by Councilmember Mavity, seconded by Councilmember Lindberg, to approve First Reading of an Ordinance Vacating a Public Sewer Easement and Sewer Construction Easements and set the Second Reading of Ordinance for February 16, 2016. The motion passed 7-0. 6b. Public Hearing - Coffee House Holdings, Inc. dba Starbucks - On -Sale Wine and 3.2% Malt Liquor License Ms. Kennedy presented the staff report regarding an application from Coffee House Holdings, Inc. dba Starbucks, for an On -Sale Wine and 3.2% Malt Liquor License for the premises located at 3850 Grand Way. Ms. Kennedy explained that the premises in question is approximately 2,100 square feet in size and has indoor seating capacity for 70 and outdoor patio seating for 27. The request is to allow liquor to be consumed in the indoor seating area as well as the outdoor patio. She noted the business plan submitted by Starbucks includes a stipulation that alcohol will not be sold on the premises until 2:00 p.m. on weekdays and until noon on weekends. She stated the applicant had no plans at this time to extend their hours of operation. The information submitted by the applicant also stated that baristas will be 21+ years of age and alcohol will be only be served in either an original container or in a glass container. A full background investigation was conducted and nothing was found to warrant denial of the application. Councilmember Sanger stated this is the first coffee shop that has asked to serve wine and malt liquor. Parking requirements are different for this type of business, because the needs are different for someone grabbing a coffee versus someone drinking a glass of wine. For this reason, she requested that parking requirements for coffee shops be reviewed. Councilmember Mavity stated that this business plan is a positive thing for the community and, in particular, this area, so she supports the request. She stated that the Excelsior/Grand area has sufficient parking to support this request; however, the larger question about parking will be an ongoing issue so she doesn't want to set a precedent if other coffee shops decide to go down this same path. City Council Meeting -5- February 1, 2016 Councilmember Mavity asked about food/liquor ratio requirements. Ms. Kennedy stated that this type of business has to demonstrate a 60/40 ratio of food to liquor sales in order to be authorized to sell strong beer. On -sale intoxicating licensees must maintain a 50/50 split as a condition of their license. The 60/40 ratio is not a conditional requirement for a wine license, it is exclusively tied to the authorization to sell strong beer. In response to Councilmember Mavity's question, Ms. Kennedy clarified that food sales would be tracked across all hours the business is open, not just the hours during which alcohol is served. Councilmember Mavity asked if the hours of operation for the business were set independent of the City. Ms. Kennedy explained that currently the hours of operation are independent of the City; however, the Council would need to revisit the issue if the applicant requested to extend the current hours of operation because the license approval was tied to the hours of operation submitted by the applicant in their business plan. Councilmember Mavity noted the Council did receive correspondence from several individuals inquiring about parking requirements and the measures in place to control the service of alcohol. In response to Councilmember Sanger's question, Ms. Kennedy explained that coffee sales would be included in the food sales reported by the license holder. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve an application from Coffee House Holdings, Inc. dba Starbucks, for an On -Sale Wine and 3.2% Malt Liquor License for the premises located at 3850 Grand Way, including the outdoor patio, for the license term beginning March 1, 2016. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Japs-Olson West Expansion at 7500 Excelsior Blvd., Resolution No. 16-023, Resolution No. 16-024, Resolution No. 16-025, and Resolution No. 16-026. Mr. Morrison presented the staff report regarding the Japs-Olson West Expansion. Mr. Morrison explained that Japs-Olson has been pursuing a plan to expand for over a year. A municipal boundary adjustment was submitted and approved by the cities of St. Louis Park and Hopkins, and the State. Japs-Olson is requesting an amendment to the land use and zoning map to remove land that was given to the City of Hopkins and to include the land that has been added to St. Louis Park. In addition, Japs-Olson is requesting that the land added to St. Louis Park be guided Industrial and zoned General Industrial. Japs-Olson is also requesting approval of a preliminary/final plat. The land is currently unplatted and combines two lots so they are able to build across the existing property line. Hennepin County requested a right-of-way dedication for future road improvement purposes, and Japs-Olson amended the plat to reflect the dedication. City Council Meeting -6- February 1, 2016 The major amendment before the Council is for the construction of the new 192,000 square foot addition to the west and south. This addition also includes a ten -foot masonry wall on the northwest corner of the property to screen the expanded loading/service facility. The parking was reviewed earlier in 2015 and does meet all requirements for the site. The site meets the setback requirements and the landscaping required by code. Mr. Morrison discussed the proposed architecture for the addition. Japs-Olson is requesting an alternative design than what is required by code. He noted the City Code gives the Council the authority to approve alternative plans. Japs-Olson is requesting a variation in building wall deviations, because the breaks would interfere with the layout due to the large pieces of machinery used in the printing business. Instead, Japs-Olson is proposing glass panels that will provide a vertical visual break. No sunlight can go into the building so Japs-Olson is proposing spandrel glass instead of windows. The spandrel glass matches the same tint as the office windows of the existing building. Mr. Morrison reviewed the request for a conditional use permit to excavate approximately 35,000 cubic yards of material. As noted earlier, Councilmember Mavity stated she is very supportive of this project. Councilmember Brausen stated that he appreciates the City of Hopkins' cooperation and work to help facilitate this development. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to adopt Resolution No. 16-023, approving the application for a Comprehensive Plan Land Use Map Amendment as recommended by Staff- to approve the first reading to Adopt an Ordinance amending the Zoning Map, and set a second reading for February 15, 2016; to adopt Resolution No. 16-024, approving the preliminary and final plat of Japs-Olson Addition, subject to conditions recommended by Staff- to adopt Resolution No. 16-025, approving a major amendment to a Special Permit to approve a 192,000 square foot expansion, subject to conditions recommended by Staff- and, to adopt Resolution No. 16- 026, approving a Conditional Use Permit (CUP) for the export/import of more than 400 cubic yards of material, subject to conditions recommended by Staff. The motions passed 7-0. 8b. Rules and Procedures for Boards and Commissions Ms. Kennedy presented the staff report regarding the Rules and Procedures for Boards and Commissions. She explained this topic has also been discussed by the Council on several occasions at Study Sessions. Ms. Kennedy reviewed the proposed changes, including setting uniform term expiration dates for all board and commission members, establishing three year terms for all board and commission members (with the exception of the Housing Authority and youth commissioners), standardizing the application and appointment processes so they occur at the same time annually, implementing an online application system and requiring all candidates, including those seeking reappointment, to go through the application process. She noted the Council also asked staff to develop a standard procedure for evaluating applications and selecting candidates for interviews. She stated the proposed changes were developed to make the process more efficient and more transparent. City Council Meeting -7- February 1, 2016 Councilmember Brausen stated he appreciates the work staff put into this project and agrees uniformity is needed. He explained concerns have been raised from board and commission members that it's not clear how to communicate with the City Manager and the Council. In response to these concerns, Councilmember Brausen proposed to add the following to Section B, Staff Liaisons, "Staff liaisons should also serve as a conduit for information and assignments from the City Council and the City Manager to a board or commission. Staff liaisons should communicate all requests from a board or commission to the City Manager, appropriate department director, and the Council, as requested." In addition, Councilmember Brausen also proposed to add the following language to Section J, Annual Written Report, "Annual reports should also include any areas that the board or commission requests Council direction, assistance, or other action on." Mayor Spano clarified that Councilmember Brausen is making a motion to amend the proposed rules and procedures. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to amend the proposed Rules and Procedures for Boards and Commissions to include the additional language as proposed by Councilmember Brausen to Sections B and J. Councilmember Mavity explained the proposed changes to the Rules and Procedures bring transparency to the process and a way to stay in touch with the community's visions and needs. She stated she is happy to support these changes with the additions suggested by Councilmember Brausen. Councilmember Miller asked if Staff has any issues with Councilmember Brausen's proposed additions. Ms. Kennedy stated staff does not see any issues with the proposed changes. The motion passed 7-0. It was moved by Councilmember Mavity, seconded by Councilmember Lindberg, to adopt Resolution No. 16-027, amending and restating Resolution No. 12-069 approving Rules and Procedures for Boards and Commissions, with changes. The motion passed 7-0. 9. Communications Councilmember Sanger stated on February 9, 2016, the City's Historical Society is having a fun event on beer, alcohol and prohibition at Steel Toe Brewery at 6:00 p.m. Councilmember Brausen noted on the Consent Agenda there was an item imposing civil penalties against establishments for liquor license violations. He wanted to assure the public that regular liquor license compliance checks are done and the City does penalize those who are found to be in violation of the provisions of State law and the City Code. Councilmember Lindberg stated the 2016 Neighborhood Leaders Forum will be held on February 4, 2016, in Council chambers. 10. Adjournment City Council Meeting -8- February 1, 2016 The meeting adjourned at 8:20 p.m. Melis a Kennedy, City Clerk