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