HomeMy WebLinkAbout2010/07/06 - ADMIN - Minutes - City Council - Regular f/fSta Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JULY 6, 2010
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia
Ross, Susan Sanger, and Sue Santa.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Clerk (Ms. Stroth), Community Development
Director (Mr. Locke), Inspections Director (Mr. Hoffman), and Recording Secretary (Ms. Hughes).
1 a. Pledge of Allegiance
lb. Roll Call
2. Presentations
2a. Recognition of Joel Liz-Fonts
Mayor Jacobs recited the Proclamation honoring Joel Liz-Fonts for his receipt of a Gates
Millennium Scholarship given through the Bill and Melinda Gates Foundation. He stated
that Mr Liz-Fonts was one of twenty Minnesotans awarded this scholarship which will pay
for Mr. Liz-Fonts's college tuition through a doctorate degree. The City Council extended
their congratulations to Mr. Liz-Fonts.
3. Approval of Minutes
3a. Special City Council Minutes June 14, 2010
The minutes were approved as presented.
3b. Study Session Minutes June 14, 2010
Councilmember Sanger requested that the first paragraph on page 3 be revised to add at the
end of the sentence "and it is lower than in many of the other metro communities."
The minutes were approved as amended.
3c. Special Study Session Minutes June 21, 2010
The minutes were approved as presented.
City Council Meeting -2- July 6, 2010
3d. City Council Minutes June 21, 2010
Councilmember Ross requested that the spelling of her name be corrected.
The minutes were approved as amended
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.
4a. Adopt Resolution No. 10-067 accepting the project report, establishing
Improvement Project No. 2010-2600, approving plans and specifications, and
authorizing advertisement for bids.
4b. Adopt Resolution No. 10-068 accepting this report, establishing and ordering
Improvement Project No. 2010-2200, approving plans and specifications, and
authorizing advertisement for bids.
4c. Adopt Resolution No. 10-069 authorizing installation of permit parking
restrictions at 4718 Ottawa Court.
4d. Designate Allied Blacktop Company the lowest responsible bidder and authorize
execution of contract with the firm in the amount of $259,281.40 for Street
Maintenance Project (Sealcoat Streets—Area 2 — Project No. 2010-0001)
4e. Grant the City Manager authority to administratively expedite work extras (change
orders and minor extra work) for an additional $100,000 limit for City Project 2004-
1700 (Highway 7/Wooddale Interchange Project), in accordance with the City's
existing policy.
4f. Approve Change Order #5 to Contract 79-09 MSC Renovation Project No. 2008-
1900.
4g. Grant the City Manager authority to administratively expedite work extras (change
orders and minor extra work) for an additional $100,000 limit for City Project 2004-
1700 (Highway 7/Wooddale Interchange Project), in accordance with the City's
existing policy
4h. Approval of Vendor Claims.
It was moved by Councilmember Ross, 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 7-0.
5. Boards and Commissions - None
6. Public Hearings
City Council Meeting -3- July 6, 2010
6a. City Code Amendment to Chapter 3 Regarding Brewer's Off-Sale Malt Liquor
Licensing
Ms. Stroth presented the staff report and stated that Jason Schoneman, owner of Steel Toe
Brewing, is interested in starting a very small craft brewery and the current ordinance does
not include language allowing issuance of off-sale malt liquor to brewers at a brewery She
explained that breweries are allowed to be located in the City's industrial zoning districts and
State law allows the sale of off-sale malt liquor in 64 ounce containers with the approval of
the municipality. She added the brewery must meet all State construction codes and waste
discharge rules of the Metropolitan Council and Pollution Control Agency, and the City's
inspections department would be the licensing authority responsible for all inspections.
Mayor Jacobs opened the public hearing There were no speakers and Mayor Jacobs closed
the public hearing
Councilmember Sanger requested further information regarding the brewery's intended
method of controlling odors emitted from the brewery, as well as the proposed location of
the brewery.
Jason Schoneman, Steel Toe Brewing, appeared before the City Council and stated that the
odors emitted from the brewery are primarily from spent yeast and spent grains. He
explained that he initially plans to send the spent yeast discharge to the City sewer, and in
the future may potentially send to a local farmer. He advised that he is currently looking at
two sites, one just north of the Methodist Hospital industrial park along Cambridge and the
other site is northwest of Beltline Boulevard, north of the Rec Center on 35th Street.
Councilmember Ross asked if there are other negative impacts of the operation that could
impact the neighbors and other businesses in the area.
Mr. Schoneman stated the small amount of aroma comes from the boiling process during the
beer-making process and smells similar to warm Grape Nuts cereal or baking bread, which
he does not consider offensive; the aroma would be present only during the day.
It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to
approve first reading of an ordinance amendment to Chapter 3 of the City Code concerning
brewer's off-sale malt liquor licensing and to set a second reading for July1,9, 2010.
The motion passed 7-0.
6b. Public Hearing Wine & 3.2 Malt Liquor License —Thanh Do
Ms. Stroth presented the staff report and stated that the applicant Thanh Do recently moved
to a new location at 8028 Minnetonka Boulevard with indoor seating for approximately 118
and an outdoor patio with seating for 46.
City Council Meeting -4- July 6, 2010
Mayor Jacobs opened the public hearing. There were no speakers and Mayor Jacobs closed
the public hearing.
Councilmember Ross asked what provisions the applicant is taking to control the liquor sold
on the outdoor patio, particularly given the busy mall location and the fact that there are
frequently a number of minors in the area, and asked if there would be staff presence on the
patio at all times because liquor is being sold.
Elizabeth Grzechowiak, business manager for Thanh Do, appeared before the City Council
and stated the restaurant's outdoor patio area is located in front of the police station and the
restaurant undergoes extensive liquor training with its employees and they have always been
in compliance in terms of no liquor sales to minors. She added there will always be a staff
presence on the outdoor patio area
It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve
application from Thanh Do, Inc., dba Thanh Do for an on-sale wine and 3 2 malt liquor
hcense to be located at 8028 Minnetonka Boulevard with the license term through March 1,
2011.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public — None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Freight Rail Policy
Resolutions No. 10-070 and 10-071
Mr. Locke presented the staff report and stated the proposed resolutions represent the
culmination of the extensive work done by the City Council in study session. He stated the
first resolution is a restatement in summary form of the City's position regarding freight rail,
particularly the rerouting of freight rail and the second resolution requests that the County
conduct a further analysis of the options for rerouting of freight rail identified in the 2009
study.
Jami LaPray, co-chair of"Safety in the Park," appeared before the City Council and stated
she was impressed with the Council's thoroughness and thoughtful consideration of the
issues. She added that the fact that the Council was willing to take up this issue gives
residents hope for the continued livability and safety of St. Louis Park residents.
Councilmember Sanger stated that she is supportive of both resolutions and that it is
imperative that the City continue to state its opposition regarding the County's suggestion of
possibly moving freight rail traffic into St. Louis Park. She indicated it does not make sense
to her that the City should have so many additional trains, including trains carrying
City Council Meeting -5- July 6, 2010
hazardous substances, travel through the City when houses are so close to the tracks, where
the noise, vibration, etc. will create livability problems as well as problems for the high
school. She stated that the City has never consented to allowing more train traffic into St.
Louis Park, nor has the County ever asked the City for its consent She added that the
resolution requesting further analysis by the County is intended to determine what types of
mitigation will be necessary in order for people to live in close proximity to the trains if the
City is forced to have additional freight rail traffic, and this resolution asks the County to
conduct further study in order to make an apples to apples comparison so that whatever
choice is made represents the best choice for the County and taxpayers alike
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 10-070 relating to Freight Rail Activity in the City of St. Louis Park and to
adopt Resolution No. 10-071 requesting Hennepin County Regional Rail Authority
(HCRRA) to Reanalyze the Potential Routes in the 2009 TCWR Freight Rail Realignment
Study in Greater Detail.
Councilmember Mavity stated that the railroads have been a wonderful success and the City
has done well by them over the years, but just as our community has changed, our needs
have also changed, and other modes of transportation have replaced the prominence of the
railroads, including light rail. She stated that she is satisfied that the resolutions express the
City's support for light rail, which will be the next step in terms of what this City needs to
thrive. She expressed her thanks to the residents who have worked so hard on this issue, and
stated that the Council has the best interests of residents in mind and that safety continues to
be a primary issue moving forward. She stated it will remain important for the City and its
residents to continue to work together as a community to resolve all safety and other issues as
well as to continue looking at broader growth in terms of light rail.
Councilmember Finkelstein stated this has been a tough issue that will impact people's daily
lives. He stated that just because the City is in favor of full mitigation does not mean the
City is against light rail or that the City wishes to delay light rail. He added that the City is
interested in pointing out that wherever freight rail is located and before considering St
Louis Park, that the City receives the same consideration as its neighbors and that the
County uses the same analysis in each case in order to make a full and complete comparison.
He also stated that this does not mean that even though the City is in favor of mitigation
that the City will get everything that it wants; on the other hand, there are a number of
things the City can work on, including resolution of traffic issues, whistle-free zones, and
safer pedestrian crossings.
Councilmember Omodt expressed his appreciation to Ms LaPray and all the residents who
have been involved in this issue and encouraged residents to stay engaged at both the City
and County levels.
Councilmember Sanger emphasized that during the process of developing the preferred light
rail route, the committee was told that the light rail issue was totally separate from the freight
rail issue and that one did not influence the other. She stated that while the Council has
City Council Meeting -6- July 6, 2010
talked about mitigation, she felt the first question to be answered should be whether there
should be freight rail in the City at all. She explained that the resolution requesting further
study by the County is intended to ask for a fair comparison of all areas that the County
looked at, not just as it relates to Kenilworth but other areas further west; until that study is
done, the mitigation question is secondary. She added that the County is in the process of
hiring consultants to look at and reopen the route question and to conduct a concurrent
study to look at what type of mitigation needs to be done if freight rail is relocated to St.
Louis Park.
Councilmember Santa echoed her support of the resolutions and stated that it is heartening
to see so many people engaged and active on this issue.
Mayor Jacobs stated that after all is said and done, it will be important for the City to be able
to tell people why this happened and that the Council had a rational basis for its decision;
these resolutions go a long way toward that.
The motion passed 7-0.
9. Communications
Mayor Jacobs stated that Children First will be hosting a fundraiser on July 13th at West End
from 5:00-8.00 p.m. called "Kool Kids Health & Safety Fun Night."
Mayor Jacobs announced the opening of the farmers market on the plaza on July 7th; the
farmers market will be open from 3:00-7:00 p.m. on Wednesdays through October 20th.
Mayor Jacobs stated there will be a block captain and neighborhood leaders' picnic on
Thursday,July 15`h from 6:00-8:00 p.m. at Oak Hill Park.
Councilmember Sanger expressed her thanks to those involved in putting on the great
fireworks show at Aquila Park on Sunday.
Councilmember Ross expressed the City Council's congratulations to Police Lieutenant Lori
Dreier on her recent selection for a Law Enforcement Business Fellowship She stated this
award is a tribute to the City's outstanding staff.
10. Adjournment
The meeting adjourned at 8:10 p.m.
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Nancy Stroth, 6lty Clerk Jef' ac. . , ayor