HomeMy WebLinkAbout2018/09/17 - ADMIN - Minutes - City Council - Regular11 St. Louis Park Official minutes
M I N N E S 0 T A City council meeting
�apcv'wnic l-I�E .n �hG Fark St. Louis Park, Minnesota
September 17, 2018
Call to order
Mayor Pro Tem Brausen called the meeting to order at 7:30 p.m.
Councilmembers present:. Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller,
and Margaret Rog.
Councilmembers absent: Mayor Jake Spano.
Staff present: City Manager (Mr. Harmening), Community Development Director (Ms. Barton),
City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno),
Assistant Zoning Administrator (Mr. Morrison), Operations & Recreation Director (Ms. Walsh),
Associate Planner (Ms. Kramer), Public Works Services Manager (Mr. Merkley), Natural
Resources Coordinator (Mr. Vaughan), Management Assistant (Ms. Carrillo Perez), Police Chief
Harcey, and Recording Secretary (Ms. Pappas).
Guests: Police Dept. members; Hennepin County Sherriff Stanek; members of Yeshiva
community, members of Wat Promwachirayan community; Kaitlyn Murray, Northshore
Development, and city residents.
1a. Pledge of allegiance
1b. Roll call
Presentations
2a. Evergreen awards
Natural Resources Coordinator Mr. Vaughan presented the 2018 Evergreen award to
Patricia Janecula of the Wolfe Park neighborhood. He stated her home landscape was
awarded this year's prize because of her very creative and beautiful plantings,
landscaping and floral designs. He noted there were five judges inspecting this year's
nominees. Ms. Janecula was presented with an award certificate, Dwarf Alberta Spruce
tree, and an award sign to post on her boulevard for two weeks.
2b. Police officer oath of office
Chief Harcey presented new officer Mitch Swanson, to be sworn in by City Clerk
Kennedy. Chief Harcey stated Officer Swanson began working part-time with the city
police force in 2014, while completing his law enforcement education. Officer Swanson
was immediately regarded as hardworking, enthusiastic, and mature beyond his years,
and was hired by the police department in 2018. Chief Harcey stated Officer Swanson
has successfully complete the PTO field training program and has met all the
requirements to work as a police officer in St. Louis Park. He and Mayor Pro Tem
Brausen congratulated Officer Swanson.
City council meeting -2- September 17, 2018
Officer Swanson thanked his family and his police partners, along with the city council.
2c. Hennepin County Sheriffs Office (HCSO) update
Sheriff Rich Stanek gave a short presentation to the council and community on the role
of the sheriffs office and the areas they work in including: agency leadership, jail, court
security, patrol (in partnership with local police depts.), warrants, civil process,
investigations, 911 dispatch, and crime lab.
Sheriff Stanek also noted the office's work in the opioid epidemic. He stated the sheriff's
office educates the public about the epidemic and about opioid deaths. He stated in
2018, they have seen a slight decline, so far; however, deaths have been increasing from
overdoses since 2013. Sheriff Stanek noted three programs the county administers
related to the opioid epidemic including the #Noverdose campaign, Naloxone, and the
drug take back program.
Sheriff Stanek thanked the city council and Chief Harcey for doing a great job in St. Louis
Park, adding the county appreciates all the hard work the police force does.
2d. Recognition of donations
Mayor Pro Tem Brausen expressed his thanks on behalf of the council for the following
donations:
• Athletic Business donated up to $450 for Recreation Superintendent Jason West
to attend the Athletic Business conference in New Orleans, LA, November 7-10,
2018.
• American Legion donated $3000 to ROCtoberfest event to be held September
28, 2018.
• Ken and Sue Isler donated $300 for the planting of a tree honoring Anna Nichole
Isler in Shelard Park.
• Linda Mell donated $300 for the planting of a memorial tree in Wolfe Park.
• Friends of the Parks and Trails of St. Paul and Ramsey County donated $80 for
trees to be planted in city parks.
• True North Leadership donated $3000 for partial program tuition costs for Racial
Equity Manager Alicia Sojourner to attend the True North Leadership program in
Scotts Valley, CA, October 14-19, 2018.
3. Approval of minutes
3a. Special study session minutes of August 6, 2018
It was moved by Councilmember Hallfin, seconded by Councilmember Miller, to approve
the August 6, 2018 meeting minutes as presented.
The motion passed 6-0.
3b. City Council minutes of August 6, 2018
City council meeting -3- September 17, 2018
Councilmember Harris stated in the communication section, her comments should read:
"Councilmember Harris added there is an inaugural TexaTonka Neighborhood
Association meeting at Ainsworth Park is on Thursday August 16th, from 6-8 p.m. and
encouraged folks to attend."
Councilmember Rog noted on page 8, it should read, "She also suggested a landing
above the trail entrance at 23`d Street to allow bikers entering trail to make sure the trail
is clear before entering."
It was moved by Councilmember Mavity, seconded by Councilmember Rog, to approve
the August 6, 2018 meeting minutes with corrections.
The motion passed 6-0.
3c. Study session minutes of August 13, 2018
Councilmember Rog noted on the bottom of page 7, it should read, "Councilmember
Rog said she was notified by STEP that they are willing to partner to administer the fund
on behalf of the city."
Councilmember Rog added on page 9, the following sentence should be stricken from
the minutes: "She dees not feel satisfied with the Facial equity n this, and
It was moved by Councilmember Miller, seconded by Councilmember Hallfin, to approve
the August 13, 2018 meeting minutes with corrections.
The motion passed 6-0.
3d. City council meeting minutes of August 20, 2018
Councilmember Rog noted on page 4, a spelling correction of the name "Marilyn Klug".
Mayor Pro Tem Brausen added in 8a in the last paragraph, it should read ...... assured
the council...." as opposed to "insured the council".
It was moved by Councilmember Rog, seconded by Councilmember Hallfin, to approve
the August 20, 2018 meeting minutes with changes.
The motion passed 6-0.
3e. Special city council meeting minutes of August 27, 2018
It was moved by Councilmember Miller, seconded by Councilmember Rog, to approve the
August 27, 2018 meeting minutes as presented.
The motion passed 6-0.
City council meeting -4- September 17, 2018
3f. Study session minutes of August 27, 2018
It was moved by Councilmember Miller, seconded by Councilmember Hallfin, to approve
the August 27, 2018 meeting minutes as presented.
The motion passed 6-0.
4. Approval of agenda and items on consent calendar
4a. Adopt Resolution No. 18-135 authorizing the 2019 Preliminary HRA Levy,
4b. Adopt Resolution No. 18-136 approving acceptance of a donation from Athletic
Business in an amount not to exceed $450 to cover the registration fee for Jason West,
Recreation Superintendent, to attend the Athletic Business Conference in New Orleans,
Louisiana November 7 - 10, 2018.
4c. Adopt Resolution No. 18-137 approving acceptance of a monetary donation from the
American Legion in the amount of $3,000 for the ROCtoberfest event to be held
September 28, 2018.
4d. Adopt Resolution No. 18-138 approving acceptance of monetary donations as follows:
• Ken and Sue Isler in the amount of $300 honoring Anna Nicole Isler with a memorial
tree in Shelard Park.
• Linda Mell in the amount of $300 for a memorial tree in Wolfe Park.
• Friends of the Parks and Trails of St. Paul and Ramsey County in the amount of $80
for trees to be planted in city parks.
4e. Approve a temporary on -sale 3.2% malt liquor license for Best Friends Animal Society
for their event to be held on September 29, 2018 at Wolfe Park, 3700 Monterey Drive in
St. Louis Park.
4f. Adopt Resolution No. 18-139 accepting work and authorizing final payment in the
amount of $25,610.51 for the annual sanitary sewer mainline rehabilitation project with
Visu-Sewer, Inc. - Project No. 4018-3000, City Contract No. 46-18.
4g. Adopt Resolution No. 18-140 approving acceptance of a monetary donation from True
North Leadership in an amount of $3,000 to cover partial program tuition for Alicia
Sojourner, Racial Equity Manager, to attend the 2018 True North Leadership program in
Scotts Valley, CA.
4h. Approve for filing planning commission meeting minutes of August 1, 2018
It was moved by Councilmember Ha/lfin, seconded by Councilmember Mavity, to approve
the agenda as presented and items listed on the consent calendar; and to waive reading
of all resolutions and ordinances.
The motion passed 6-0.
5. Boards and commissions
Sa. Appointment of youth representative to boards and commissions
It was moved by Councilmember Rog, seconded by Councilmember Harris, to
approve the appointment of Zoe Frank to the Environment and Sustainability
Commission (ESQ as youth member for one-year term ending on August 31, 2019.
The motion passed 6-0.
City council meeting -5- September 17, 2018
6. Public hearings
6a. Consolidated public hearing
I. -VI. 2019 Budget and property owner service charges for Special Service
Districts 1, 2, 3, 4, 5, and 6.
Mr. Merkley presented the staff report. He noted the 2019 proposed budgets and
service charges are similar to that of past years, and pointed out staff has held meetings
with the property owners from each of the six districts and received their support for
approving the proposed 2019 budgets and service charges.
Mr. Merkley stated there is no formal action to be taken today and action on the budget
and service charges will be placed on the October 1 council agenda.
Mayor Pro Tem Brausen opened the public hearing.
Mr. Bertomeu, 4419 Excelsior Blvd., asked if the 14 petitions are for or against the
Special Service District 2 reauthorization. Mr. Merkley stated for the reauthorization of
the special district, there were 14 petitions from the 26 properties and requirement for
approval is 25%.
Mr. Bertomeu stated he did contact staff about this issue, and he would like the city
council to consider changing the methodology for how the service charges are
calculated to make it more fair for small businesses, such as his. He stated the costs are
too high for him and he cannot compete against other larger developments on Excelsior
Avenue.
Mayor Pro Tem Brausen closed the public hearing.
Mr. Harmening noted that the formula used for charging businesses on Excelsior
Boulevard was developed by the property owners. He added these property owners
chose how they wanted to have the costs allocated based on services provided.
Requests, petitions, and communications from the public— none
8. Resolutions, ordinances, motions and discussion items
8a. Educational facilities with student housing in the R-4 multiple -family residence
district.
Mr. Morrison presented the staff report. He stated the recommended action is to
approve the first reading of an ordinance related to educational facilities in the R-4
multiple -family residence zoning district, and to set the second reading for October 1,
2018.
City council meeting -6- September 17, 2018
Mr. Morrison stated the Yeshiva of Minneapolis requests an amendment to section 36-
166 (d) (8) of the St. Louis Park city code proposing to:
1. Allow dormitories as part of educational facilities in the R-4 district.
2. Limit the number of dorm rooms allowed based on the parcel size.
3. Limit the number of students to 200 that can live at the school.
Mr. Morrison added that the Yeshiva is planning an expansion of their school, and if the
amendment is approved, the Yeshiva of Minneapolis must request a rezoning of their
property from R-3 to R-4, obtain approvals for conditional use permits for the
expansion, comprehensive plan amendment, lot combination and variances. He added
there are currently no schools located in the R-4 zoning district, so the Yeshiva of
Minneapolis would be the first school utilizing the amendment if the applications above
are approved.
Councilmember Rog stated the school is in Ward 1, and she has met with the Rabbi and
also attended the neighborhood meetings, where neighbors were supportive. She
stated she supports the change in zoning, and pointed out that she learned how very
popular the Yeshiva is around the country, and that those attending are doing so
because of St. Louis Park's safe community. She added the building will be tucked into a
hill in an innovative way, with less impacts evident, noting the boys at the school do not
drive cars, so there will be no increase in traffic. She wished the group well.
Councilmember Mavity asked about the additional square footage, adding a dormitory
is definitely new to St. Louis Park. Councilmember Mavity noted her concerns about
alignment of the total square footage with the living space, adding she does not
understand how the city is defining that, and why the city is not providing more
guidance on the living space in the building.
Mr. Morrison stated the school is proposing quads for the dorm living space, adding
there is ample room for the living space, and they are limited to 200 students. He noted
the school is able to divide up the living spaces however they want.
Councilmember Mavity noted she has no problem with the proposal, and does not want
to be disruptive in moving this forward; however, the way it is being set up lacks clarity,
and she is concerned about setting precedent.
Shlomo Kutoff, 4401 W. 25th St., stated the living quarters must be in alignment with the
MN Health Department regulations, adding they are under inspection by the health
department, and the school bases their number on what is allowed. He stated the
Yeshiva is following the health department guidelines.
Councilmember Mavity stated it would be helpful in the staff report for the second
reading to provide an explanation of how space is defined and if other entities are
handling this.
City council meeting -7- September 17, 2018
It was moved by Councilmember Rog, seconded by Councilmember Miller, to approve the
first reading of an ordinance pertaining to educational facilities in the R-4 multiple -
family residence zoning district, and setting the second reading for October 1, 2018.
The motion passed 6-0.
8b. 2019 preliminary property tax levy certification. Resolution No. 18-141.
Mr. Simon noted the 2019 preliminary property tax levy at $33,392,261, which is a
5.18% change over the 2018 final property tax levy. Mr. Simon also provided the date
and time for the truth in taxation proposed public hearing on the 2019 budget as
December 3, 2018. He reviewed the calendar for October, November and December
and referred to the staff report for details. The council will then adopt the 2018 revised
budget, 2019 budgets, final tax levies (city and HRA) and 2019-2028 CIP at the
December 17, 2018 meeting.
Councilmember Mavity stated the council discusses this each year, noting this is one of
the more important decisions made by council. She added this outlines funding for
services everyone wants for the community and added, the council can propose a lower
tax levy amount, but not a higher one. She also stated her constituents want value and
good services in the city, adding the city has been consistent in delivering services, year
over year, and she will support this tonight.
Councilmember Miller stated he will oppose this tonight, not because the city is not
well-managed, but he feels the property taxes are regressive, and he is very concerned
about the elderly who are on fixed incomes and face increases in their cost of living. He
added renters also are not seeing any increase in their property values, and he is
concerned about them as well. He stated he advocates the increases be moderate and
closer to wage growth figures over the past 20 years, at 3% vs. the 5.18% proposed.
Councilmember Rog stated she appreciates Councilmembers Miller's and Mavity's
comments, adding she has put much thought into this, but will be voting in favor of the
tax levy tonight. She stated she is hopeful the council and community can look for ways
to reduce costs, while getting more in line with the values of the city.
Mayor Pro Tem Brausen added the council has been engaged in this since June and has
discussed the need to continue the level of services everyone in St. Louis Park enjoys. He
stated the city does a good job of managing these services and he invited the public to
become involved in this process as well, adding everyone is encouraged to let the
council know their thoughts on this. He stated he will also support this.
It was moved by Councilmember Mavity, seconded by Councilmember Harris, to adopt
Resolution No. 18-141, approving 2019 preliminary property tax levy.
The motion passed 5-1 (Councilmember Miller opposed).
It was moved by Councilmember Mavity, seconded by Councilmember Harris, to set the
budget public hearing date for December 3, 2018.
City council meeting -8- September 17, 2018
The motion passed 6-0.
8c. Wat Promwachirayan conditional use permit for 2544 Hwy. 100. Resolution
No. 18-142.
Mr. Morrison presented the staff report. If approved, the resolution will allow a
conditional use permit (CUP) for a religious institution at 2544 Hwy. 100, with
conditions.
Mr. Morrison stated the Wat Promwachirayan (Wat Prom) requests a CUP to operate a
Buddhist Temple at 2544 Hwy. 100, to expand their parking lot, and to export more than
400 cubic yards of material.
Mr. Morrison noted there are three phases of development:
1. Parking lot and stormwater improvements beginning this fall
2. Construct new service hall approximately 10 years from now
3. Construct new meditation hall approximately 20 years from now
Mr. Morrison stated two neighborhood meetings were held, and those in attendance
were generally in support of the plans, although there were some comments about
trees to be removed for the project.
Councilmember Miller stated he was shocked about the fees, adding it seems like an
extraordinary amount for the trees. He asked if there are scrub trees in the area, or
larger trees. Mr. Morrison stated the fee is based on the removal of large trees. He
added removal depends on species and trunk size.
Councilmember Brausen noted there is a storm sewer and sanitary sewer on the lot,
and asked how site storm water requirements will be met. Mr. Morrison stated there is
a storm water improvement proposed under the parking lot, adjacent to the storm and
sanitary sewer. The storm water improvement is all part of phase 1.
Sharon Lehrman, 2610 Vernon Ave. S., stated she lives directly across from the green
space area and is a 35 -year resident of Birchwood. She was born and raised in St. Louis
Park and is sad to see so many trees gone on the boulevard. She stated she has always
loved the green spaces in the city, and was sad over the loss of over 200 trees in her
neighborhood due to the Lyman Lumber parking expansion. She noted how trees
provide clean air, water, and improved mental health and asked the council to consider
these things. She stated every little green space that goes away is a loss to the entire
community. She asked, since the temple will not build the social hall until phase 2,
which is 10 years from now, why do they need to remove the trees now.
Councilmember Harris stated in the plan, the community garden space is to remain, and
asked if Wat Prom might consider removing the garden and replacing it with trees,
which might be a good compromise, and would also lower the fees.
City council meeting -9- September 17, 2018
Councilmember Rog stated Wat Prom has been a welcome neighbor in Birchwood, and
a good partner, adding she also is disappointed with the loss of trees, but happy with
the temple's growth in the community and making St. Louis Park their home. She stated
there has been good compromise, and she believes there is a commitment to preserve
as many trees as possible. She added the parking needs are significant so there is a good
rationale for the change.
It was moved by Councilmember Rog, seconded by Councilmember Miller, to adopt
Resolution No. 18-142, approving a conditional use permit (CUP) for a religious
institution at 2544 Highway 100, with conditions.
The motion passed 6-0.
8d. Urban Park Apartments conditional use permit and variances for 3601 Phillips
Parkway. Resolution No. 18-143.
Ms. Kramer presented the staff report. She noted that the developer is requesting a
conditional use permit (CUP) and five variances to build a second apartment building at
3601 Phillips Parkway. The variance request includes an increase in the maximum
allowed ground floor area ratio; an increase in the maximum allowed floor area ratio; a
reduction in the amount of required parking; and, a reduction in the side yard widths.
Ms. Kramer stated a neighborhood meeting was held and about 10 residents attended
and expressed concerns about parking on the site. She further stated the planning
commission held a public hearing on August 15, 2018, at which time two residents
provided feedback on the project. The planning commission recommended approval of
the application 5-0 with one abstention.
Councilmember Harris asked, given the parking variance request with 26 spaces not
met, where will guests park at the property. Ms. Kramer stated management will issue
guest parking passes to residents, who in turn would give them to their guests for on-
site parking.
Councilmember Harris stated she had feedback from several residents related to the
bike trail southeast of the site line, referring to some challenges with building on this
space. She noted she received assurances the development would deal with this issue,
and yet there was a slight discrepancy in the staff report related to this.
Ms. Kramer stated staff feedback was that the trail will be kept open during the entire
project; however, there are plans to have re-routes of the trail, during the project, when
needed.
Councilmember Miller asked about Shalom to the west and if they participated in the
neighborhood or planning commission meetings. Ms. Kramer stated a representative
from Shalom was in attendance at the planning commission meeting, and talked about
concerns related to guest parking at their site, and also general parking concerns.
City council meeting -10- September 17, 2018
Councilmember Hallfin stated he will defer to Councilmember Harris, the Ward 3
councilmember, but noted he has attended many events at Knollwood Plaza, adding
there is typically no place to park there when large events are taking place.
Councilmember Rog also deferred to Councilmember Harris on this, but stated she
echos these parking concerns.
Donna Rock, 3601 Phillips Parkway, stated she is a long-term St. Louis Park resident and
attended the planning commission meeting. She said the parking variance was for 35
spaces at that meeting, but now is down to 26. Ms. Kramer stated the parking plan was
re -worked since the planning commission meeting.
Ms. Rock stated she has concerns about traffic and parking in the area, adding other
residents are concerned also. She stated many who live there currently have 2 and 3
cars, and many times must park blocks away, due to lack of parking there already. She
added she also has concerns about trees being taken away from the area, and the
underground garage becoming a two-way exit and entrance vs. one-way, as it is
currently.
Ms. Murray, Northshore Property Development representative, stated plans have been
provided related to the trees and site lines, which include curb cuts for greater visibility.
She also noted the bike trail will continue to stay open.
Ms. Murray added they have worked on a parking plan and implemented a registered
car process. She stated a towing company will also be hired to remove cars that are
parking illegally at the site. She stated they are committed to making sure parking will
run smoothly there.
Mayor Pro Tem Brausen asked if charging stations will be available in the building. Ms.
Murray stated yes, along with bike racks, and irrigation systems for watering.
Councilmember Mavity stated she is really excited about this project, noting it is exactly
the type of project the city should be embracing. She stated the city needs to be smart
and creative so as to support population growth in our city, and this little slip of land can
help the city achieve their goals of affordable housing.
Councilmember Mavity said there will be hardworking folks living there, and it is built on
a current bike superhighway and behind a grocery store, so hopefully folks will be able
to reduce their driving, as the area promotes biking and walking, plus there will be
affordable housing there as well. She stated the city is at a cusp of change here, and she
will support the project.
Mayor Pro Tem Brausen stated if parking is made too easy, people will fill up the spaces.
He added hopefully electric cars will be smaller, and noted he puts much credence in
staff recommendations, as they understand the city's goals and get the highest use of
land. He stated the project makes sense to him and he will also support it.
City council meeting -11- September 17, 2018
It was moved by Councilmember Harris, seconded by Councilmember Mavity, to adopt
Resolution No. 18-143, approving a conditional use permit and variances for
construction of an apartment building at 3601 Phillips Parkway, with conditions.
The motion passed 6-0.
9. Communications
Mr. Harmening stated Friday September 21, absentee voting begins at city hall from
8 a.m. to 4:30 p.m.
Mr. Harmening also stated Saturday, September 22, is the city's annual fall clean-up day,
at the Municipal Service Center on Oxford Street, adding folks should visit the city
website for more details.
Councilmember Rog noted a fundraiser for the Lenox Foundation at Parkway Pizza, on
Minnetonka and Dakota Avenues, on Tuesday, September 25, from 11 a.m. —10 p.m.
and 10 % of all sales will go to the foundation and seniors in the community.
Councilmember Harris stated the St. Louis Park Art Fair will be held Saturday,
September 22, from 11 a.m. — 6 p.m, at the ROC, and in conjunction with SLP Friends of
the Arts. She also noted a bikeway/sidewalk open house on Tuesday, September 25, at
City Hall from 6-7:30 p.m. and an additional open house for the Dakota Avenue bikeway,
and the pedestrian bridge over the railroad tracks, at Peter Hobart School on September
26, from 6-7:30 p.m.
Mayor Pro Tem Brausen noted ROCtober Fest on Sunday, October 28. He stated he
attended the St. Louis Park employee recognition event at the ROC recently and
thanked employees for being involved in racial equity efforts and for all their hard work.
He stated folks with 30 years or more of service were recognized.
10. Adjournment
The meeting adjourned at 9:40 p.m.
Tim Brausen, Mayor Pro Tem