HomeMy WebLinkAbout2011/02/22 - ADMIN - Minutes - City Council - Regular II/ St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
FEBRUARY 22, 2011
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Julia Ross, Susan Sanger, and Sue
Santa.
Councilmembers absent: Councilmembers Anne Mavity and Paul Omodt.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms.
Stroth), Housing Programs Coordinator (Ms. Larsen), Community Development Director (Mr.
Locke), Economic Development Coordinator (Mr. Hunt), Communications Coordinator (Mr.
Zwilling), Human Resources Coordinator(Ms. Fosse), and Recording Secretary(Ms. Hughes).
la. Pledge of Allegiance
lb. Roll Call
2. Presentations-None
3. Approval of Minutes
3a. Study Session Minutes January 24, 2011
Councilmember Santa requested that the fifth paragraph on page 7 be amended to reflect
that a discussion took place regarding the E-Learning Program and that this program was
available to City staff.
Councilmember Finkelstein requested that the second sentence of the fourth paragraph on
page 4 be amended to reflect that this statement was made by Councilmember Sanger.
The minutes were approved as amended.
3b. Special Study Session Minutes February 7,2011
Councilmember Ross requested that the second paragraph under agenda item 1 on page 1
be amended to state "Councilmember Ross expressed concern as to whether a one-day
workshop would be sufficient given the number of significant issues needing to be
addressed by the Council and suggested holding a two-day workshop in order to avoid
the need for additional study sessions due to the larger issues currently on the table that
Council should be discussing.
Councilmember Sanger requested that the recess referred to on page 2 be clarified to state
"Mayor Pro Tern Sanger recessed the Special City Council Study Session at 7:25 p.m. in
order to convene the City Council meeting."
City Council Meeting -2- February 22, 2011
Councilmember Sanger also requested that page 2 be amended by moving the reference
to "written reports provided and documented for recording purposes only" and "Report
on Freight Rail Alternatives" to follow the statement that the special study session was
reconvened at 7:53 p.m.
The minutes were approved as amended.
3c. City Council Minutes February 7, 2011
The minutes were approved as presented.
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. Execute a 2011 contract with Uppercut Tree Service, Inc. for the removal of
diseased trees on private property in an amount not to exceed $97,422.00.
4b. Execute a contract with Precision Landscape & Tree, Inc. for the 2011 Boulevard
Tree and Stump Removal Program in an amount not to exceed $83,657.00.
4c. Adopt Resolution No. 11-027 authorizing the execution of a grant agreement
with the State of Minnesota Board of Water and Soil Resources.
4d. Adopt Resolution No. 11-028 requesting a variance from Minnesota Rules for
State Aid Operations Chapter 8820 for Municipal State Aid Project No. 163-318-
001 (W. Lte Street from Brookside Terrace to France Avenue).
4e. Approve a Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity
Catholic Parish located at 4017 Utica Avenue South for a Fish Fry Event to be
held on Friday, March 18, 2011.
4f. Approve for Filing Fire Civil Service Commission Minutes July 14, 2010.
4g. Approve for Filing Planning Commission Minutes December 15, 2010.
4h. Approve for Filing Planning Commission Minutes February 2, 2011.
4i. Approve for Filing of Vendor Claims.
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to
approve the Agenda and items listed on the Consent Calendar; and to waive reading of
all resolutions and ordinances.
The motion passed 5-0 (Councilmembers Mavity and Omodt absent).
5. Boards and Commissions-None
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2011 Grant Year Community
Development Block Grant (CDBG) Funds
Resolution No. 11-029
City Council Meeting -3- February 22, 2011
Ms. Larsen presented the staff report and advised that the City is estimated to receive
approximately $222,000 in 2011 which is the same amount received in 2010. She
discussed the proposed 2011 allocation of CDBG funds which includes $144,931 aimed
at assisting low income single family homeowners with emergency repairs, rehab loans
and affordable ownership opportunities, $37,500 to the City's emergency repair program
which focuses on low income seniors and vulnerable residents and provides grants up to
$4,000 for emergencies such as leaking roofs, $65,431 for the City's low income single
family home rehab loan program which assists with bringing homes into code compliance
with a maximum loan amount of$25,000, $20,000 for the Homes within Reach program
which is an Affording Housing Land Trust program that purchases homes and sells them
to low income homeowners, $22,000 for Habitat for Humanity to acquire and construct a
new affordable single family home at 3317 Texas Avenue, $70,000 for St. Louis Park
Emergency Program (STEP) to repair and replace the roof at their facility, and $7,500 to
the City's park and recreation programming at Meadowbrook Manor and Aquila Parks to
ensure affordable registration fees for youth park programming at these locations. She
noted that actual 2011 Federal funding is still unknown; in the event that funding is
reduced, staff will provide the Council with revised project allocations.
Mayor Jacobs opened the public hearing.
Ms. Jackie Olafson, STEP Executive Director, appeared before the City Council and
expressed the organization's appreciation to the City for its allocation of CDBG funds for
replacement of the roof.
Councilmember Finkelstein presented a donation of food items from Fishman's Deli
following the recent closure of the deli.
Mr. Bill O'Meara, Community Action Partners for Suburban Hennepin County, appeared
before the City Council and provided a brief summation of projects undertaken by the
organization, including educating 20 first-time homebuyers, assisting residents with
refinancing options and foreclosure, providing literacy workshops, as well as providing
1,014 residents with energy assistance that included help with paying their energy bills,
replacing seven furnaces and repairing 17 furnaces. He expressed his appreciation to the
City for its support of the Emergency Home Repair Program.
Mayor Jacobs closed the public hearing.
Councilmember Ross expressed her appreciation to the City and to the community
organizations involved in helping people who need it the most.
Mayor Jacobs stated that he is a member of the STEP Board of Directors and asked if he
should abstain from voting on this item.
Mr. Scott advised Mayor Jacobs that he could vote on this item.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution No. 11-029 Approving Proposed Use of 2011 Urban Hennepin County
Community Development Block Grant Program Funds and Authorizing Execution of
Subrecipient Agreement with Hennepin County and any Third Party Agreements.
City Council Meeting 4- February 22, 2011
The motion passed 5-0 (Councilmembers Mavity and Omodt absent).
7. Requests, Petitions, and Communications from the Public—None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 2011 Liquor License Renewal—Toby Keith's I Love This Bar and Grill
Resolution No. 11-030
Ms. Stroth presented the staff report and stated that CRGE Minneapolis, LLC, dba Toby
Keith's I Love This Bar, has made application for renewal of its on-sale intoxicating and
Sunday liquor license. She advised that City Code requires all on-sale liquor licensees to
meet the requirement of at least 50% of the gross receipts be attributable to the sale of
food. She stated that the applicant began operations in June 2010 and their food and
liquor sales for the first year did not meet the City's criteria; however, the Chief Financial
Officer of the company indicated that because the establishment was not in business for a
full 12 months, the food and liquor sales did not represent an accurate picture consistent
with their restaurants in other states. She indicated that the General Manager of the
restaurant submitted a letter to the City addressing the compliance issue and proposes to
increase the restaurant's menu and to add additional outdoor seating. She added that the
City's ordinance allows the City to attach special conditions to the license renewal,
including placing the licensee on probationary status for six months; it is also proposed
that the licensee be required to provide an additional report by September 15, 2011, for
food and liquor sales for January 1, 2011 through August 31, 2011.
Councilmember Finkelstein stated that the City has a long-standing history of requiring
liquor establishments to serve food and to have a 50-50 split between food and liquor
sales. He felt that the proposed plan by the applicant was insufficient and did not appear
to consider other options for increasing food sales, e.g., lunch specials and/or happy hour
food. He stated that he did not want to have a situation where the City would be required
to assess penalties on the establishment in six months' time and suggested that the
applicant be required to come back to the Council in one month with a more thoughtful
plan for increasing food sales.
Councilmember Sanger stated that she did not think it was the Council's job to identify
what the restaurant should do to come into compliance with the ordinance; rather, the
Council's job is to identify for the restaurant what the consequences will be if it does not
come into compliance with the City's ordinance in the next six months. She indicated her
agreement with the stated condition of probationary status and suggested that the
resolution specify more clearly that the restaurant will lose its license if it does not come
into compliance in six months. She felt that the plan outlined by the restaurant was a
start, but did not represent enough effort to bring the restaurant into compliance. She
added that she wants to see the restaurant be successful and her goal is not to shut down
the restaurant, but for the establishment to comply with the City's requirements so that
there are fewer DWI's and alcohol-related crashes from customers leaving the premises.
Mr. Harmening indicated that the City has put the restaurant on notice that they have not
met the City's ordinance requirement of at least 50% of gross receipts attributable to food
sales; as a result, the City will place the license on probationary status for six months. He
advised that the resolution clearly states that staff will report the probationary results to
City Council Meeting -5- February 22, 2011
Council in September and if the restaurant is not in compliance, Council may take further
action up to and including revocation of the license.
Councilmember Sanger suggested that the Council be provided with an intenm report in
three months to see if the food sales are trending upward. She also suggested that
condition #4 in the resolution be revised to state that the license will be revoked after six
months unless the licensee can show good reason why it should not be revoked.
Mayor Jacobs stated he was not comfortable with changing condition #4 in the resolution
and felt that the language stating that "council may take further action dunng this license
period up to and including revocation of the license"was sufficient.
Councilmember Ross agreed with Mayor Jacobs and stated that the restaurant is aware of
the six month requirement and it is up to them to figure out how to meet the City's
ordinance requirements.
It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt
Resolution No. 11-030 Approving Issuance of Liquor License Renewal with Conditions
for CRGE Minneapolis, LLC, dba Toby Keith's I Love This Bar, 1623 Park Place
Boulevard for March 1, 2011 through March 1, 2012.
Councilmember Finkelstein requested a friendly amendment to the motion requiring the
licensee to provide the City with a report of food and liquor sales within three months of
the license renewal, and to direct staff to provide Council with a written report.
Councilmember Ross agreed to the friendly amendment.
Councilmember Santa seconded the friendly amendment.
The motion passed 5-0 (Councilmembers Mavity and Omodt absent).
8b. Gambling Premises Permit for Plymouth Lions Club
Resolution No. 11-031
Ms. Stroth presented the staff report and stated the City received a premises permit
application to operate pull tabs at Toby Keith's I Love This Bar&Grill. She advised that
the Plymouth Lions Club plans to work with the St. Louis Park Lions and look for
opportunities to benefit residents in St. Louis Park and in the trade area. She indicated
that the Plymouth Lions will be required to contribute 10% of net profits from the pull
tabs operation to the City pursuant to City Code, together with the local gambling tax of
$3,000 per year or 3% of gross receipts from all lawful gambling less prizes paid out,
whichever is less.
Councilmember Finkelstein expressed concern regarding the premises permit and stated
that it was his understanding that as of this evening, there was still no written agreement
in place with the St. Louis Park Lions as to how the Plymouth Lions will handle
donations or expend money from the pull tabs operation in St. Louis Park. He requested
that Council defer action on this item until a written agreement is presented reflecting
how the Plymouth Lions will expend its proceeds from lawful gambling.
City Council Meeting -6- February 22, 2011
Mr. Kris St. Martin, President, Plymouth Lions Club, appeared before the City Council
and stated that the Plymouth Lions approached the St. Louis Park Lions about operating
lawful gambling at Toby Keith's I Love This Bar & Grill and requested that the two
organizations work closely together to ensure that gambling proceeds are expended in St.
Louis Park. He indicated that no formal agreement is in place with the St. Louis Park
Lions, but the letter provided to the City states that the Plymouth Lions intend to work
closely with the St. Louis Park Lions.
Councilmember Sanger stated that it was important to her to make sure the bulk of lawful
gambling proceeds benefit the City and it would be helpful to understand the proposed
allocation of proceeds.
Mr. St. Martin indicated that the letter from the Plymouth Lions Club includes parameters
for donations, including 5-10% to community organizations or events in St. Louis Park,
at least 50% to needs-based organizations, e.g., women's shelters, and 20-35% to broader
Lions projects located within the trade area. He added that the Plymouth Lions Club did
not want more than 5-10%of proceeds to be used for sponsoring baseball teams.
Ms. Stroth stated that State law does not provide authority to cities on what specific
lawful purpose expenditures can be and the Plymouth Lions is required to contribute 10%
of net profits to a fund regulated by the City.
Mr. Scott noted that the City cannot include a specific legal condition requinng that the
organization spend "x" amount of dollars in St. Louis Park; the organization is only
required to expend 90% of its lawful purpose expenditures within the trade area.
Councilmember Ross questioned whether this premises permit discussion is premature
given the restaurant's probationary status of its liquor license.
Councilmember Sanger agreed and did not want to see the Plymouth Lions get caught in
the middle of the liquor license issue. She agreed that deferring action on this item
makes sense.
Mr. Kent Kramer, General Manager of Toby Keith's I Love This Bar & Grill, appeared
before the City Council and stated that he will do everything possible to increase food
sales and meet the City's 50% food sales requirement. He indicated that he approached
the Lions organization about the pull tabs operation and informed them that they would
have to give at least 50% of proceeds to St. Louis Park organizations.
Mr. Jim Bremer, Plymouth Lions Club Vice President, appeared before the City Council
and indicated that the Plymouth Lions Club is committed to working with the St. Louis
Park Lions Club. He urged the Council to approve this premises permit so that the
organization can make money and the proceeds can be donated and put it back into the
community as soon as possible.
Ms. Tracy Ohlendorf, Gambling Manager for Plymouth Lions Club, appeared before the
City Council and stated that the agreement with Toby Keith's I Love This Bar & Grill
provides that the restaurant can terminate its lease with the Plymouth Lions Club upon
thirty days notice. She indicated that one reason for terminating the lease would be if the
Plymouth Lions Club were not providing 50% of gambling proceeds to St. Louis Park
organizations.
City Council Meeting -7- February 22, 2011
It was moved by Councilmember Ross, seconded by Councilmember Santa, to adopt
Resolution No. 11-031 Approving Issuance of a Premises Permit for Lawful Gambling to
be Conducted by Plymouth Lions Club at Toby Keith's I Love This Bar & Grill, 1623
Park Place Boulevard.
The motion passed 4-1 (Councilmember Finkelstein opposed; Councilmembers Mavity
and Omodt absent).
8c. Operating Agreement with St.Louis Park Convention and Visitors Bureau
Mr. Hunt presented the staff report and proposed Operating Agreement between the City
and the recently formed St. Louis Park Convention and Visitors Bureau (CVB), which
delineates the working relationship between the CVB and the City. He stated that the
agreement specifies responsibilities and services to be rendered during the first year of
operation and the CVB is required to submit a budget prior to September 1St of each year
to Council and this will provide an opportunity for Council to review the CVB's
priorities. He pointed out that the Council ultimately has the ability to pull CVB funding
on 90 days notice.
Mayor Jacobs expressed the Council's thanks to City staff and to Bruce Nustad from
TwinWest Chamber of Commerce for their efforts.
It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to
approve proposed Operating Agreement between the City of St. Louis Park and the St
Louis Park Convention and Visitors Bureau.
The motion passed 5-0 (Councilmembers Mavity and Omodt absent).
8d. Resolution Approving 2011 International Union of Operating Engineers
(IUOE)Local#49 Labor Agreement
Resolution No. 11-032
Ms. Fosse presented the staff report and advised that Local #49 has agreed to a 0% wage
increase for 2011, which is the same as the non-union and other settled groups, as well as
an additional $65 in benefits, and a one time taxable lump sum payment in the amount of
$270.40. She indicated that new holiday language was negotiated that requires
employees to be compensated at two times their hourly wage if they are called in to work
unscheduled hours on Thanksgiving and Christmas. She stated that medical layoff
language has been added that allows recall rights, language was also added limiting the
hiring of temporary or seasonal employees to a 168 day window, and language was added
allowing leave to be used in accordance with the City's domestic partner ordinance.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution No. 11-032 Approving the Labor Agreement Between the City of St Louis
Park and International Union of Operating Engineers, Local #49 — January 1, 2011-
December 31, 2011.
The motion passed 5-0 (Councilmembers Mavity and Omodt absent).
City Council Meeting -8- February 22, 2011
Mayor Jacobs expressed his thanks to the union and City staff for their efforts in reaching
agreement on the contract. He noted that the City has a long history of harmonious labor
relations and the City values all of its employees.
9. Communications
Mayor Jacobs stated that the Public Works staff is working hard to remove the snow
expressed the Council's thanks to the Public Works staff and to everyone who has
worked hard plowing snow. He encouraged residents to comply with the voluntary
parking restrictions which will make it easier to plow and easier for large vehicles to get
through on the City streets, particularly public safety vehicles responding to an
emergency.
Councilmember Finkelstein expressed the City Council's thanks to Fishman's Deli for 15
years of great service to the City.
Councilmember Santa reminded residents of the Home Remodeling Fair on Sunday,
February 27th, from 10:30 a.m. to 3:30 p.m. at Eisenhower Community Center in
Hopkins.
10. Adjournment
The meeting adjourned at 8:32 p.m.
L A_Id
Nancy Stroth, City Clerk Jeff .11f,s Mayor