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HomeMy WebLinkAbout2012/08/06 - ADMIN - Minutes - City Council - Regular /// St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA AUGUST 6,2012 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: Julia Ross. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Director of Public Works (Mr. Rardin), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Westwood Hills Nature Center Activity Specialist(Ms. Skinner), and Recording Secretary (Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Westwood Hills Nature Center Junior Naturalist Recognition Mayor Jacobs stated the Junior Naturalist Program represents one of the great assets in the community and thanked the students for volunteering in the program as well as their families. He introduced Ms. Sarah Skinner, Westwood Hills Nature Center Activity Specialist. Ms. Skinner stated the Junior Naturalists' energy, skills, and commitment are critical factors in allowing the City to continue to offer the Westwood Hills Nature Center programs to residents and surrounding communities. She stated the volunteers donated over 1,400 hours and the program aims to provide an enjoyable environment that fosters teamwork skills and allows the volunteers to take on new levels of responsibility. Mayor Jacobs presented certificates to the Junior Naturalist volunteers and expressed the City Council's thanks and appreciation to each of the volunteers. 3. Approval of Minutes 3a. Study Session Meeting Minutes of June 25,2012 Councilmember Sanger requested that the 12th paragraph on page two be revised to state "Councilmember Sanger suggested the following idea be explored if it has not already: a possible partnership with L.A. Fitness or another fitness club to put on the addition the City wants, and in return a discount would be provided to St. Louis Park residents." The minutes were approved as amended. 3b. Study Session Meeting Minutes of July 9,2012 City Council Meeting -2- August 6, 2012 Councilmember Mavity requested that the second sentence of the ninth paragraph on page two be revised to state "She expressed concern regarding ongoing north-south circulation issues and the Highway 100 reconstruction project, stating that at one point Council talked about a road between Beltline and Highway 100 on the other side of Nordic Ware which is not shown on any of the diagrams." The minutes were approved as amended. 3c. Special Study Session Meeting Minutes of July 16,2012 The minutes were approved as presented. 3d. City Council Meeting Minutes of July 16,2012 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. Authorize the execution of an encroachment agreement for grading on City property next to 9209 Cedar Lake Road. 4b. Adopt Resolution No. 110 amending Cooperative Agreement No. 94808 with Mn/DOT Highway 7/Wooddale Interchange Improvement, Project No. 2004- 1700. 4c. Adopt Resolution No. 111 authorizing execution of a Limited Use Permit with the Minnesota Department of Transportation for Minnetonka Boulevard trail improvements. 4d. Adopt Resolution No. 112 accepting work and authorizing final payment in the amount of$36,609.80 for the Redevelopment of Northside Park, Contract No. 33- 11. 4e. Approve for Filing Housing Authority Minutes of June 13, 2012. 4f. Approve for Filing Planning Commission Minutes of June 20, 2012. 4g. Approve for Filing Vendor Claims. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councrlmember Ross absent). 5. Boards and Commissions—None 6. Public Hearings City Council Meeting -3- August 6, 2012 6a. First Reading of City Code Amendment Pertaining to Administrative Penalties Mr. Morrison presented the staff report and explained the process for implementing the administrative penalty system, including a review by the Charter Commission. He stated the purpose of the amendment is to create a process for issuing citations for violations to the City Code without going through the Hennepin County court system and the difference is that administrative citations will be handled by the City. He indicated the advantage to this process is that the City can resolve violations faster and the fines imposed will stay with the City to cover administrative costs. He stated the amendment also creates a process for hearings if the citation is appealed and also creates a process for assessing unpaid fines similar to what is done with unpaid utility bills. He added the administrative citation represents another tool available to the City and staff's first priority is to educate and attempt to resolve the issue and then issue a citation if the property owner remains non-compliant. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Sanger requested further information regarding the level of discretion available to the hearing officer in making decisions, e.g., whether the hearing officer can adjust the level of the fine or set up payment plans. She suggested that the jurisdiction of the hearing officer be spelled out in the ordinance. Mr. Scott referenced Section (e)(4) of the proposed Ordinance amendment, which states the hearing officer has the authority to dismiss, impose, or modify a fine (increase or decrease). He noted this Section also includes criteria for the hearing officer to consider when imposing a penalty and added he was comfortable that this section addresses the discretion available to the hearing officer. Councilmember Sanger requested that Council be provided with periodic reports about how the process is working. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve First Reading of Ordinance Relating to Administrative Penalties Amending Section 1-14 and Appendix A of the St. Louis Park City Code and to set Second Reading for August 20, 2012 The motion passed 6-0 (Councilmember Ross absent) 6b. First Reading of Liquor Ordinance Amendment — Brewer Taproom Licensing Ms. Stroth presented the staff report and explained that breweries are allowed by State law to sell malt liquor for consumption on the premises with the approval of the municipality. She stated that amendments to the City's Zoning and Liquor Ordinances are required to allow on-sale of malt liquor. She stated that Steel Toe Brewing opened in August 2011 with current operations of tastings and off-sale growler sales and this public hearing is for consideration of a proposed liquor ordinance amendment adding a new classification of brewer taproom license that would allow up to 3,500 barrels of malt City Council Meeting -4- August 6, 2012 liquor per year to be sold on the premises for consumption on site and will assure the City is in compliance with the State Statute which states a brewer may only have one taproom license and a restaurant is not allowed at a brewery. She noted that pre-packaged snacks would be allowed and a yearly license fee of $800 is proposed to cover administrative and enforcement costs. She noted that all brewer taproom liquor licenses require approval by the State prior to becoming effective. She then introduced Mr. Jason Schoneman from Steel Toe Brewing. Mayor Jacobs opened the public hearing. Mr. Jason Schoneman, Steel Toe Brewing, appeared before the City Council and thanked the City for making it easier for him to do business in the City. Mayor Jacobs closed the public hearing. Councilmember Mavity stated she felt the proposed Ordinance amendment was appropriate and asked if the Ordinance addresses parking issues that may arise from additional taprooms or similar types of uses, noting that parking is not a problem at Steel Toe Brewing. Mr. Morrison explained the hours of operation coincide with the hours of operation in an Industrial Zoning District and parking is widely available. He added staff feels sufficient parking to accommodate taprooms as an accessory use is available in the City and any proposed use would be reviewed by the City to ensure adequate parking is available. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve First Reading of Ordinance Amending Chapter 3 of the St. Lours Park Code of Ordinances Concerning Brewer Taproom Licensing and to set Second Reading for August 20, 2012. Councilmember Santa requested information regarding annual barrel production and the size of a barrel. She noted that taprooms would be allowed to sell pre-packaged snacks and asked if the City has addressed food trucks selling food on or near the property. Mr. Schoneman stated a barrel is 31 gallons and Steel Toe Brewing currently produces 500-600 barrels annually. Mr. Morrison stated that staff has drafted an ordinance that would allow food trucks at breweries and the proposed ordinance will be reviewed by the Planning Commission. Councilmember Sanger asked if taprooms will be subject to the same requirements and penalties as other liquor license holders if they were to serve persons under the age of 21. Ms. Stroth replied in the affirmative and stated the City will perform the same compliance checks as other liquor licensees. The motion passed 6-0 (Councilmember Ross absent). 7. Requests,Petitions,and Communications from the Public—None City Council Meeting -5- August 6, 2012 8. Resolutions, Ordinances,Motions and Discussion Items 8a. First Reading of Zoning Ordinance Amendment—Brewery Taprooms Mr. Morrison presented the staff report and explained the proposed Zoning Ordinance amendment is intended to define where taprooms can occur and conditions for operating a taproom. He stated that breweries would be allowed in the Business Park, Industrial Park, and General Industrial Zoning Districts as permitted uses and would be limited to producing no more than 3,500 barrels per year in the Business Park and Industrial Park districts. He indicated that taprooms are proposed to be accessory uses in the Business Park and Industrial Park Zoning Districts with conditions limiting the size to 25% of the gross floor area in the Business Park District and up to 15% in the Industrial Park district. It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to approve First Reading of Ordinance Amending the St Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-4 Definitions, 36-233 BP Business Park District, 36-243 I-P Industrial Park District, and 36-244 I-G General Industrial District and to set Second Reading for August 20, 2012 The motion passed 6-0 (Councilmember Ross absent) 8b. National League of Cities Service Line Warranty Program. Mr. Rardin presented the staff report and explained that a marketing agreement with Utility Service Partners Private Label, Inc. (USP), is proposed to allow the marketing of USP's service line warranty program for residential properties. If approved, the marketing of this program could begin in September. He stated that all sewer and water service lines in the City are owned by and are the responsibility of homeowners and repairs to or replacement of these lines can be expensive; the USP program is called a warranty program but is more appropriately a service line protection plan which provides homeowners with an opportunity to purchase low cost protection for line cleaning, repairs, or replacement of service lines for a monthly fee with no deductibles or service fees. He stated that services are performed by local licensed contractors and typically repairs are done within 24-48 hours. He stated the USP website contains useful information and FAQ and further information will be posted on the City's website as well as the upcoming edition of Park Perspective. He added that letters will be sent to residents indicating the City's support and endorsement of USP in the fall and USP will market the program in September or October if approved. Councilmember Spano requested clarification about the City's endorsement of USP and whether the City has any liability in case of a dispute between USP and a policy holder. Mr. Rardin stated that the City will not be marketing the warranty program and the use of the City's logo indicates that the City is only endorsing USP. Councilmember Sanger felt it was important that the materials distributed by the City include a disclaimer that the City is not providing this service and any concerns the homeowner might have should be addressed only to USP. Mr. Rardin agreed to include this type of disclaimer in the materials sent to residents. City Council Meeting -6- August 6, 2012 It was moved by Councilmember Santa, seconded by Councilmember Spano, to authorize execution of a marketing agreement with Utility Service Partners Private Label, Inc, agreeing to cooperate in the marketing of their program to city residents and homeowners. Councilmember Spano asked if the City can terminate the marketing agreement with USP at some point in the future. Mr. Rardin advised the marketing agreement is an annual agreement with a 60 day termination clause. He added USP would honor and continue to provide service agreements to anyone who signed up and wanted to continue under the program. The motion passed 6-0 (Councilmember Ross absent) 8c. First Reading of Zoning Ordinance Amendment—Conditional Use Permits Mr. Morrison presented the staff report and explained the amendments are intended to consolidate the CUP regulations into one section and eliminate redundancy. He stated the amendments are housekeeping in nature with no substantive changes. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve First Reading of Ordinance Amending the St Louis Park Ordinance Code Relating to Zoning by Amending Sections 3, 33, 34, 35, 36, 37, 38, 39, 40, 41, 115, 151, 163, 164, 165, 166, 167, 223, 243, 244, 365 — Conditional Use Permit Regulations and to set Second Reading for August 20, 2012 The motion passed 6-0 (Councilmember Ross absent) 9. Communications Mayor Jacobs reminded residents that National Night Out is tomorrow, August 7th. He stated residents can contact Marney Olson or Ken Sysko in the Police Department or their neighborhood associations with questions. Councilmember Santa reminded residents that primary elections will be held on Tuesday, August 14th, and encouraged residents to check their polling place because some polling places may have changed due to redistricting and residents can call the City Clerk with questions. Mr. Harmening reminded residents that STEP is conducting its Back to School program and would appreciate donations of school supplies through August 17th Councilmember Spano stated that an All School Reunion will be held on Saturday, August 25th, at the high school from 11:00 a.m. to 2:00 p.m. He stated further information is available at www.slppsf.org. He added that STEP will have a truck at the reunion to accept donations. 10. Adjournment The meeting adjoun 8:19 p.m. ja �1 a� Nancy Stroth,C Clerk Jeff a obs, ayor