HomeMy WebLinkAbout2018/11/05 - ADMIN - Minutes - City Council - RegularIf/St. Louis Park Official minutes
M I N N E S 0 T A City council meeting
LPorien�c LIfE ht the Park. St. Louis Park, Minnesota
November 5, 2018
1. Call to Order
Mayor Spano called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne
Mavity, Thom Miller, and Margaret Rog.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms.
Barton), Chief Financial Officer (Mr. Simon), Economic Development Coordinator (Mr. Hunt),
Associate Planner (Ms. Kramer), Management Assistant (Ms. Carrillo Perez), and Recording
Secretary (Ms. Pappas).
Guests: city residents, Ms. Eddington, Kennedy and Graven; Mr. Velasco, PLACE.
1a. Pledge of allegiance
1b. Roll call
2. Presentations
2a. Small Business Saturday proclamation.
Mayor Spano read the proclamation stating that Saturday, November 24, 2018 is Small
Business Saturday in St. Louis Park, and encouraged all to support the city's small
businesses.
2b. Recognition of donations.
Mayor Spano noted the following donations and thanked all the donors for their gifts to
the city.
• Beth EI Synagogue — donated $3600 for 10 police officers to attend the Heroes
Among Us speaker series with Ron Stalwarth, author of Black Klansman.
• Aelius Energy— donated $1912 for two Saturn outdoor light fixtures for the
Carpenter Skate Park Area.
• St. Louis Park High School Class of 1954 - donated $587.92 for a memorial plaque
in honor of Bob Owen, who was Olympic gold medal winner and St. Louis Park
hall of fame inductee.
• Leslie Marcus—donated $100 to the Nature Center for park enhancements and
program needs.
City Council Meeting -2- November 5, 2018
3. Approval of minutes
3a. Study session minutes of September 24, 2018
Councilmember Brausen noted on page 5, item 11 it should read "He has talked to
tenants at Lou Park Apartments repeatedly and told them to contact their legislators,
adding that the city is committed to working with them on their housing issues."
Councilmember Mavity noted on page 2, it should read "Neighborhood meetings are an
excellent use of staff time." She noted in this particular instance, having neighborhood
by neighborhood meetings, her reference was that it would be more efficient to have an
all -city meeting.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve the September 24, 2018 study session meeting minutes as amended.
The motion passed 7-0.
3b. City council minutes of October 1, 2018
It was moved by Councilmember Brausen, seconded by Councilmember Miller, to
approve the October 1, 2018 city council meeting minutes as presented.
The motion passed 7-0.
3c. Study session minutes of October 8, 2018
It was moved by Councilmember Brausen seconded by Councilmember Harris, to approve
the October 8, 2018 study session meeting minutes as presented.
The motion passed 7-0.
3d. City council meeting minutes of October 15, 2018
Councilmember Rog stated on page 6, paragraph 5, it should read, "She also noted 40%
of emissions."
It was moved by Councilmember Miller seconded by Councilmember Brausen, to approve
the October 15, 2018 city council meeting minutes as amended.
The motion passed 7-0.
3e. Joint city council and school board meeting minutes of October 29, 2018
Councilmember Brausen noted he was absent from the meeting, but pointed out
information that was omitted from the minutes regarding questions about the
City Council Meeting -3- November 5, 2018
Westwood Church affordable housing proposal and land owned by the citythat would
require access by the city, through their property.
Mr. Harmening stated staff will add a summary statement regarding the above-
mentioned item to the minutes.
It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to
approve the October 29, 2018 joint city council and school board meeting minutes as
amended.
The motion passed 7-0.
4. Approval of agenda and items on consent agenda
4a. Accept for filing city disbursement claims for the period of September 22,
through October 26, 2018.
4b. Moved to 8e
4c. Moved to 8h
4d. Adopt Resolution No. 18-171 approving the final AUAR update for the West End
redevelopment project located in the southwest corner of Highways 394 and
100.
4e. Adopt Resolution No. 18-172 rescinding Resolution No. 18-069 and approving
the attached revised list of snow removal exempt parking areas.
4f. Approve Amendment No. 2 to city Agreement No. 126-14, between the city and
New Cingular Wireless PCS, LLC (AT&T) for communication antennas on the city's
water tower at 2541 Nevada Avenue South.
4g. Moved to 8g
4h. Moved to 8f
4i. Approve for filing fire civil service commission minutes of February 27, 2018.
Staff requested that consent agenda item 4b be removed and placed on the Regular
Agenda to 8e; and that item 4h be moved to item 8f.
Councilmember Rog requested that consent agenda item 4g be removed and placed on
the Regular Agenda to 8g.
Councilmember Brausen requested that consent agenda item 4c be removed and placed
on the Regular Agenda to 8h.
It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to
approve the agenda and items listed on the Consent Calendar as amended to move
Consent Calendar items as indicated above to the regular agenda, and to waive reading
of all resolutions and ordinances.
Councilmember Mavity added a note that the consent agenda is supposed to be a
"consent agenda".
The motion passed 7-0.
City Council Meeting -4- November 5, 2018
5. Boards and commissions
5a. Appointment of representative to board and commissions.
It was moved by Councilmember Rog, seconded by Councilmember Mavity, to approve
the appointment of Amaya Fokuo and Marian Mohamud to the Human Rights
Commission (HRC) as youth members for the term ending on August 31, 2019, and to
appoint Emily Buchholz as a regular member to the Human Rights Commission (HRC) for
the term ending on May 31, 2020 and appoint Jack Ostrovsky to the Police Advisory
Commission (PAC) as youth member for the term ending on August 31, 2019.
The motion passed 7-0.
6. Public hearings
6a. Easement vacation at 8170 Lake St. W.
Mr. Morrison presented the staff report.
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 Brausen, to
approve the first reading of an ordinance vacating a drainage and utility easement and
set the second reading of the ordinance for November 19, 2018.
The motion passed 7-0.
6b. Public hearing — issuance of revenue bond for PLACE'S Via projects. Resolution
No. 18-173. Resolution No. 18-174.
Mr. Hunt, Mr. Simon, and Ms. Barton presented the staff report.
Mr. Simon stated the issuance of bonds would not impact the city's debt capacity, and
would not constitute a general or moral obligation of the city, nor be secured by the
taxing powers of the city or any assets or property of the city.
Ms. Eddington, Kennedy and Graven, stated they have requested tax due diligence
materials to ensure the bonds can be issued on a tax-exempt basis, adding there are a
few items that are still outstanding she expects to receive before closing, and from their
perspective, this can move forward to closing once those items are received. She added
the bonds do not impact the city's credit rating, or other bonds issued this year.
Councilmember Mavity asked about the December 18 closing date, and why it is not
December 31, 2018. Mr. Hunt stated it is difficult to close after December 18' given the
holidays.
City Council Meeting -5- November 5, 2018
Mayor Spano opened the public hearing.
Patrick Wells, 3379 Brunswick Ave. S, stated he has lived in the city for 40 years, and is a
retired banker and salesperson. He has spoken to the council before on this topic and
still has concerns. He asked the council to ask themselves, "what could possibly go
wrong." He has concerns about safety, transportation, and stated he thinks as former
Councilmember Sue Sanger on this issue. He asked the council to not approve this, and
asked them not to ignore the issues in front of them.
Megan Phimisfer, 3451 Zarthan Ave. S, asked the council to not move forward on this if
the developer cannot secure both properties. Otherwise, the city will end up with an
apartment building with not enough parking. She added if this doesn't move forward at
all, she would like to not see the property develop until light rail is completed, adding
there is no need to develop every piece of property.
Harvey Ginsburg, 5834 W 391h St., thanked the councilmembers for serving on the
council. He noted the council has spent five years working on this and he commended
them for that. He also noted the developer has failed to perform, and this is his fourth
revision to the project, along with extension after extension. He noted the developer
has failed at every financing turn, and has only been able to capture government grants,
adding that none of the developer's own money has been put at risk either. He pointed
out the staff report says that bank after bank has passed on this development. He added
if the developer goes into default or bankruptcy, who knows when the city will get the
property again. He asked where the institutional investors are for this project.
Jim McDonough, 2840 Cavell Ave. S, stated he has lived here for 43 years and his home
purchase was the wisest investment he has ever made. He stated St. Louis Park is an
inclusive, accessible community and he has been a strong supporter of PLACE vision for
this community, which is a bold vision and huge development. He appreciated council
support of the project in the past. He also stated the financial difficulties now are
beyond the scope of his confidence, due to a situation beyond the city's control, and it
will affect the city's plans for affordable housing. He asked the bankers in the
community when "affordable" became a dirty word. He pointed out that Ford built an
affordable car that all could afford. He urged the council to grant the extension and
support the PLACE project, and to move forward with the plan.
Todd Bagby, 2275 Kentucky Ln., stated he previously contacted staff in support of this,
adding he is a volunteer for this project. He asked the council to continue support for
this project, stating Via is a special and ambitious project, which brings in another non-
profit development. He noted a for-profit developer might detract from these
components and stated the responsible thing is to offer the bonds and make this project
a reality for the city.
Kim Anderson, 3248 Yosemite Ave. S, stated she has been cautiously optimistic and has
loved this idea, but also had concerns about the lack of financing to get this completed.
She encouraged the council to look at the project with scrutiny, and added it is time to
move forward.
City Council Meeting -6- November 5, 2018
Jessie Houlihan Bingen, Stahl Builders, a builder on the project, said she understands the
delays are difficult; however, she is asking the council to support the project. She stated
the developer is very committed to delivering on this project and believes in the
affordability and economic vitality, which will put St. Louis Park on the map within the
state and nationally. She asked the council to support the extension.
Brent Webb stated he has worked with Sherman Associates in the past, and was blown
away by the concept when he first heard about it. He stated PLACE is publicly
supported, a non-profit, exists to make a difference, and not to make a profit. He stated
it is important to support this and asked the council to do so, especially when
considering the affordable component.
Mayor Spano closed the public hearing.
Councilmember Mavity stated she has been an avid supporter of this project, and was
captured by the vision of the project. She stated the project has aligned with the values
of the community with its environmental and affordable components, and the
transportation program. She stated the project goes well beyond her and the council
and the city, adding there are many entities involved in this project monetarily and also
reputationally. She noted the Met Council has been supportive of this project, adding
the city is part of this regional vision and system and can leverage transit development
as well, because of the larger vision.
Councilmember Mavity stated she has been involved in non-profit affordable housing
for many years, noting a project she worked on in Edina had 14 different funding
sources. She added the city should hold the course right now, noting staff has all the
details. She stated the deadlines are too short, while she appreciated bond counsel
noting the project is moving in the right direction. She stated she will make an
amendment to the motion during the EDA meeting to change the closing date to a
December 315t deadline.
Ms. Eddington stated the motion to approve the resolution will need to be changed to
reflect changing the date in the last paragraph of the resolution to December 31.
Councilmember Miller asked if the revenues from the north side were sufficient to pay
the bonds. Ms. Eddington stated the only way to sell the bonds was to provide evidence
to the buyers that the revenues would be sufficient to pay the costs of operating the
project and to pay the bonds. She added that she had not been given information
regarding the revenues of the north side, but perhaps Councilmember Miller's question
is more for the underwriter or PLACE itself.
Councilmember Miller stated he still has concerns.
Mr. Hunt stated ideally the city would have a development that is cohesive on both the
north and south sides, adding staff is confident another developer could be attracted for
the other side if PLACE is not able to develop both north and south projects.
City Council Meeting -7- November 5, 2018
Councilmember Hallfin stated he supports the extension, noting he has supported this
project for a long time. He noted the deadline keeps getting pushed and asked how
many extensions are needed. In the end, he stated, he is rooting for the project.
Councilmember Rog asked how the parking on the north and south parcels will be
compromised if only the north parcel is developed. Ms. Barton stated the parking is not
shared across the parcels.
Councilmember Rog thanked everyone who came to the meeting tonight, and stated
she appreciated all the emails she received and insights shared tonight. She stated some
concern and support might be based on old ideas, adding the affordability now has
shifted and she is disappointed in that. However, she will support the resolution and
staff's recommendation.
Councilmember Harris stated this is a visionary initiative, and she was on the ESC when
she met the developer, Mr. Velasco at a waste conference. She stated she likes the
model and the non-profit component, and is hoping the project will benefit fblks who
live there by keeping costs affordable. She supports the project and thanked those who
have emailed her their concerns. She proposed a policy for the future where there
might be reimbursement of staff time as amendments accrue, similar to police visits to a
particular property.
Councilmember Brausen stated he has been a supporter of the project since the
beginning and continues to be. He stated the project provides an exciting vision and
concept and is very challenging. He appreciates staff time and past council's diligence on
this project and on other projects such as Excelsior & Grand, and the West End. He
noted these projects also did not stay on their respective timelines, but have reflected
the vision of each council. He stated this project will direct the city toward its values of
climate action and affordable housing, and he will continue to support it.
Councilmember Miller stated he supports the staff recommendation, noting it is an
extraordinary project with the affordable housing it provides. He stated the affordable
component is key, along with its walkability, green areas, and retail.
Mayor Spano stated he also will support the extension, noting the project is visionary,
challenging, and the city is patient. He added it is time to move forward and reiterated
Councilmember Hallfin's comments related to the deadline.
It was moved by Councilmember Mavity, seconded by Councilmember Miller, to adopt
Resolution No. 18-173 and Resolution No.18-174 calling for the issuance of private
activity revenue bonds to finance PLACE'S Via Sol project and amendments to loan
document in connection with the multifamily housing revenue note, series 2017 to
finance PLACE'S Via Luna project, and change the contract date from December 18, 2018
to December 31, 2018.
The motion passed 7-0.
City Council Meeting -8- November 5, 2018
7. Requests, petitions, and communications from the public — none
8. Resolutions, ordinances, motions and discussion items
8a. St. Louis Park Middle School conditional use permit and variance. Resolution
No. 18-175.
Ms. Kramer presented the staff report.
Councilmember Brausen stated he supports these upgrades at the middle school and
added he hopes the school district is mindful of the city's climate action plans as they
move forward.
It was moved by Councilmember Brousen, seconded by Councilmember Harris, to adopt
Resolution No. 18-175, approving a conditional use permit and variance for building and
site improvements at 2025 Texas Avenue South, with conditions recommended by staff.
The motion passed 7-0.
8b. St. Louis Park High School conditional use permit. Resolution No. 18-176.
Resolution No. 18-177.
Ms. Kramer presented the staff report.
Councilmember Rog asked about the central kitchen at the high school, if all school
district food will be prepared at the high school, and if there will be additional trucks
and traffic at the school because of this.
Mr. Bravo stated the district has spoken to the trucking companies and the area has
been enclosed in order to keep trucks off the road and near the dock. He added the
intention is not to have congestion there, with 5-6 trucks planning to park at the dock.
It was moved by Councilmember Harris, seconded by Councilmember Rog, to adopt
Resolution No. 18-176 approving a conditional use permit for building and site
improvements at 6425 W. 331 Street, and to adopt Resolution No. 18-177 approving
removal of parking restrictions along West 331 Street.
The motion passed 7-0.
8c. The Block conditional use permit for restaurant and parking variance 7008
Hwy. 7. Resolution No. 18-178.
Mr. Morrison presented the staff report.
Mayor Spano left the chambers at 9:05 p.m. and Mayor Pro Tem Brausen chaired the
meeting.
City Council Meeting -9- November 5, 2018
Councilmember Harris stated this is an exciting development in this area, and noted she
was at the public meeting and appreciates the work done by staff on parking. She added
there will also be discussion about ways —walking or biking —to get the public to the
restaurant.
Councilmembers Mavity and Miller stated they are both excited about this new
development in the historic Walker Lake area.
Councilmember Rog stated she attended the public meeting as well, and heard about
the dog -friendly piece and valet option. She asked how the valet might impact
neighbors.
Luke Durheim, 3601 Dupont Ave., one of the owners of The Block, stated there will be a
drop site for the valet, based on demand. He noted they will be cognizant of this and its
effects on the neighborhood, adding the valet company will park cars a bit north, in the
Gorham lot.
Mayor Pro Tem Brausen stated he has received several emails from residents concerned
about the number of liquor licenses the city grants; however, he will let the marketplace
decide here and will support this.
It was moved by Councilmember Harris, seconded by Councilmember Miller, to adopt
Resolution No. 18-178, approving a conditional use permit and parking variance for a
restaurant with intoxicating liquor.
The motion passed 6-0 (Mayor Spano absent).
8d. Yeshiva of Minneapolis expansion — comprehensive plan amendment;
rezoning; conditional use permit; variances. Resolution No. 18-179. Resolution
No. 18-180.
Mr. Morrison presented the staff report.
Councilmember Rog stated she supports the Yeshiva, and noted her condolences
related to the recent events in Pittsburgh, which cause the Jewish community distress.
She stated the city is here to protect and support you, we love the Jewish community,
and are glad you are here. She stated she will support this expansion.
Mayor Spano returned to chambers at 9:20 p.m. and chaired the remainder of the
meeting.
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to adopt
Resolution No. 18-179, approving a comprehensive plan amendment changing the land
use designation of 3100 Natchez Ave. S, to Civic; to approve the first reading of an
ordinance to rezone 3115 Ottawa Ave. S, and 3100 Natchez Ave. S to R-4 multiple family
residence, and set second reading for November 19, 2018; and to adopt Resolution No.
City Council Meeting -10- November 5, 2018
18-180 approving a conditional use permit and variances for an expansion of the Yeshiva
facility.
The motion passed 7-0.
8e. Fees for 2019 as outlined in Appendix A of the City Code of Ordinances and
summary ordinance for publication. Ordinance No. 2545-18.
Councilmember Rog stated she would like to discuss the access issues related to pool
entry fees. Councilmember Brausen stated this bears the council discussing all city fees.
It was moved by Councilmember Rog, seconded by Councilmember Brausen, approving
second reading and adopt Ordinance No. 2545-18 establishing fees for 2019 as outlined
in Appendix A of the City Code of Ordinances and to approve the summary ordinance
for publication.
The motion passed 7-0.
8f. Acceptance of donations. Resolution No. 18-181.
Councilmember Rog thanked the Minneapolis company for their donation of lighting.
Councilmember Brausen hoped the direction of the lights will not harm the apartments
in the area.
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to adopt
Resolution No. 18-181 approving acceptance of the following donations:
• Aelius Energy donated two Saturn outdoor solar light fixtures ($1,912 value) for the
Carpenter Skate Park area.
• The St. Louis Park High School Class of 1954 donated $587.92 for a memorial plaque
honoring Bob Owen, Olympic Gold Medal winner and St. Louis Park High School Hall
of Fame member.
• Leslie Marcus donated $100 for park enhancements or program needs at Westwood
Hills Nature Center.
The motion passed 7-0.
8g. Monetary donation from Beth EI Synagogue. Resolution No. 18-182.
It was moved by Councilmember Brousen, seconded by Councilmember Miller, to adopt
Resolution No. 18-182 accepting monetary donation from Beth EI Synagogue to allow
ten police department staff to attend their Heros Among Us Speaker Series and
approving the change in language for the donation.
The motion passed 7-0.
8h. Employer contribution for benefits in 2019. Resolution No. 18-183.
City Council Meeting -11- November 5, 2018
Councilmember Brausen noted the 5% reduction in employer benefit fees for 2019, and
stated this is clear evidence the premiums will be reduced when appropriate.
It was moved by Councilmember Brausen, seconded by Councilmember Miller, to adopt
Resolution No. 18-183 establishing the employer contribution for benefits in 2019.
The motion passed 7-0.
9. Communications
Councilmember Miller stated on November 7, the Youth and Community Fund Give Back
Day will be held at Steel Toe Brewery from 5:30 —7:30 p.m. All are welcome to attend
and participate to honor those organizations who have received funding the past few
years.
Councilmember Brausen stated he and three other councilmembers will be attending
the National League of City's conference next week, and will be working on the business
of the city while sharing issues they care about with other cities across the nation.
Councilmember Harris stated there is a community meeting in Ward 3 related to the
Texatonka area on November 15, 6:30 p.m., at Aquila School in the media room. She
encouraged all to participate.
Councilmember Hallfin encourage all to vote in the mid-term elections tomorrow.
Mayor Spano encouraged all to vote tomorrow as well, and noted the state has had an
incredibly large early turnout. He encouraged folks to check MNVOTES.ORG for further
information, and added if folks are in line to vote at 8 p.m. tomorrow, to stay in line and
they will be able to vote.
Mayor Spano noted an event at Westwood Hills Lutheran Church that took place last
Thursday in support of the Jewish Community, and stated there were over 500 people in
attendance. He thanked all who organized and attended the event.
10. Adjournment
The meeting adjourned at 9:3 p.m.
Meliss enne y, City Clerk