HomeMy WebLinkAbout2007/02/05 - ADMIN - Agenda Packets - City Council - Study SessionCITY COUNCIL STUDY SESSION
FEBRUARY 5, 2007
6:30 PM
COUNCIL CHAMBERS
Discussion Items
Approximate
Times
1. 6:30 pm Charter Commission Update
2. 6:40 pm Telecommunications Advisory Commission Bylaws, Work Plan and
Annual Report
3. 7:05 pm Human Rights Commission Bylaws, Work Plan and Annual Report
Study Session to be reconvened immediately following
the 7:30 pm Regular City Council Meeting.
4. Ordinance Amendment – Liquor Ordinance
5. Flame Metals
6. Future Agenda Planning
Adjourn
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administrative Services Department at (952) 924-2525 (TDD
(952) 924-2518) at least 96 hours in advance of meeting.
AGENDA SUPPLEMENT
ST. LOUIS PARK
CITY COUNCIL STUDY SESSION
*** FEBRUARY 5, 2007***
Items contained in this section are those items which are not yet
available in electronic format and which are identified in the individual
reports by inclusion of the word “Supplement”.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 1 - Charter Commission Update
Page 1
1
1. Charter Commission Update Administrative Services
PURPOSE OF DISCUSSION: To update the Council on the study and recommendations from
the Charter Commission about Instant Runoff Voting (IRV) and related election issues.
BACKGROUND: The Charter Commission designated two members, Charter Commission
Chair Lynne Carper and Charter Commissioner John Orenstein, to chair subcommittees and
study the practicality of changing the City’s Charter to allow Instant Runoff Voting in St. Louis
Park local elections, increasing the number of signatures required to run for office, and whether
or not to change how primaries are decided and run in the city.
After study, the subcommittees reported to the full Commission and recommended no changes to
the existing Charter at this time. The update from Chair Carper and Commissioner Orenstein
will provide additional details regarding their studies and decision.
Attachments: Minutes from the May 22, 2006 joint meeting between the Charter
Commission and the City Council
Prepared by: Marcia Honold, Management Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Study Session
Discussion Item: 020507 - 1 - Charter Commission Update
Page 2
2
(Excepted from the approved May 22, 2006 study session minutes)
1. Instant Run-Off Voting (Joint Meeting with Charter Commission)
Tony Solgard, president of FairVote Minnesota, presented information on Instant Runoff Voting
(IRV). Instant Runoff Voting is a ranked ballot voting method that simulates a series of runoff
elections on one ballot. A majority (50% + 1) is needed to win. If there is no winner, the
candidate with the fewest votes is defeated and the votes go to the second choice on each ballot.
Mr. Solgard stated the advantages are the winner is chosen by a majority of voters, ends spoiled
elections, reduces strategic voting, promotes more civil campaigns, and eliminates low turnout
primary elections. Disadvantages are some people value primary elections, changes may be
difficult for some voters, and implementation may be challenging. Instant Runoff Voting is not
only about changing how elections are done, but also a core change in what the requirements
were for being elected.
There was discussion regarding the question: Is IRV authorized in statute. Mr. Knutson of
Campbell Knutson said no city wants to risk spoiling an election, and thinks a declaratory
judgment action would not suffice. Mr. Knutson suggested the City should obtain an opinion
from the attorney general’s office before changing the Charter. In Mr. Knutson’s opinion,
implementing IRV for local elections would likely involve a legal challenge by the State and/or
the candidate who loses the election.
Councilmember Carver said he thinks it would be worthwhile to pursue IRV. Councilmember
Carver called attention to the report in the Council’s packet called Non-Partisan Municipal
Election Results. He said for the benefit of less than 1,000 who came out to vote, the City spent
$20,000 to run the 2005 Primary election for Ward 1 and Ward 4. Councilmember Carver said
from a cost perspective, IRV is worthwhile.
City Clerk Nancy Stroth remarked that municipal primaries are regulated by City Charter which
currently states a primary election occurs whenever 3 or more candidates have filed for office.
Councilmember Sanger said perhaps the current amount of 15 signatures required for the
nomination petition should be increased.
Mayor Jacobs said the consequences to change from the current voting method to IRV could be
catastrophic; he would be uncomfortable changing to IRV until there is clear statutory authority
to do so.
Councilmember Finkelstein requested the Charter Commission look at Councilmember Sanger’s
suggestion to require more signatures to get on the ballot as an alternative method and to
consider eliminating primaries, and to study the legality and associated costs of IRV.
Councilmember Sanger said a formal recommendation from the Charter Commission to the
Council is not necessary; she doesn’t want this to go to a referendum.
Management Assistant Marcia Honold asked for direction. Councilmember Carver suggested
the timing be controlled by the next legislative session, i.e., introduce IRV to the legislators. A
complete study would probably need to be done by the end of this year.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 1
2. Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Information Resources
PURPOSE OF DISCUSSION: To allow the City Council to review the Telecommunications
Advisory Commission’s (TAC) 2006 Annual Report and proposed Work Plan and By-Law
changes prior to meeting with the TAC. By-Laws will be amended at the next meeting to include
the Council’s holiday policy. Representatives of the TAC will not be in attendance at this
meeting.
BACKGROUND: The Telecommunications Advisory Commission held four official meetings
in 2006, and Commissioners remained involved in other ways including:
• Commissioners Browning, Dworsky, Hartman, Huiras, and Jacobson attended the March
27 Council Study Session to discuss the Telecommunications Commission Annual
Report, a proposed fiber optic ordinance and the Work Plan for 2006.
• Commissioners Dworsky, Hartman, Jacobson and Overend attended the Minnesota
Association of Community Television Administrators (MACTA) annual conference in
the fall.
• Chair Dworsky contacted staff as needed to prepare or follow up on Commission
activities.
• Chair Dworsky attended a National Association of Telecommunications Officers and
Advisors (NATOA) conference in Orlando, FL, reported back to the Commission and
shared numerous handouts with staff.
School District #283 Funding Grant
On May 4, the Commission recommended fully funding the District’s request for a $35,000
operations grant, approved by Council on the consent agenda June 5.
Web Site Town Meeting
The Commission hosted a meeting February 9 to demonstrate the new City web site designed by
Jason Huber, the Technology & Support Services (TSS) Web Developer. Several residents
attended and commented favorably on the recent changes to the web site and offered suggestions
for further improvements.
Web Streaming Local Channels and “Video on Demand” of Council Meetings & Other Programs
TSS staff Clint Pires, Jason Huber, John McHugh and Reg Dunlap reviewed proposals from
three vendors and selected Implex to supply infrastructure to web stream the City’s three
channels and host “Video on Demand” archives on the City web site. Web streaming, “Video on
Demand” archives and GovDelivery were demonstrated for the Commission on August 3.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 2
Fiber Optic Ordinance
The Commission heard testimony from Jim Erickson & Craig Rapp of Fiber First, Minnesota,
supporting an ordinance requiring fiber to the home premises. Staff contacted some developers
that are building projects in St. Louis Park and the results were mixed; most were concerned
about adding costs to projects, but some supported the general concept. The Commission
directed staff to do further research and also has been waiting to see if the Park Wi Fi project will
go ahead before further discussing the concepts that could be included in a fiber optic ordinance.
Local Origination Transition
A number of tasks have been completed. John McHugh researched production vans early in
2006 and reported to the Commission. John also arranged for a satellite dish installation at City
Hall to receive the NASA signal, which runs part time on channel 16. Park TV 16 will be the
name of the former L.O. channel until the City’s new Communication Coordinator is available to
help brand all of the local channels. John has arranged to use the High School studio part time
after the Comcast studio is no longer available as per franchise agreement after December 31,
2006. The Comcast van and title was transferred to the City on December 29, 2006. The City’s
character generators were upgraded in December to allow text messages and programming to be
replayed on channel 16. Park TV staff has been hired and begins work the first week of 2007.
Staff expects the first City van production to occur on January 5 or 6.
Legislative Issues
A national cable franchising bill proposed by Rep. Joe Barton (Republican, Texas) and opposed
by local governments, passed the House but its less onerous sister bill in the Senate, proposed by
Sen. Ted Stevens (Republican, Alaska), wasn’t brought to a vote. The fall elections changed
control of both Houses of Congress so there will be new committee chairs in 2007 and the
national franchising bill isn’t expected to be a high priority.
However the MACTA Board is concerned that the push to pass state-wide franchising bills may
affect Minnesota this year. Statewide franchising bills vary and to date have always passed over
the objections of local authorities.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 3
Telecommunications Commission Attendance: 2006
Commissioner 1/19 2/9
Web site
town
mtg.
3/27
Study
Session
5/4 8/3 12/7 Total
attended
Rick Dworsky (Chair) YES YES YES YES YES YES 6
Ken Huiras (Vice Chair) YES YES YES YES YES YES 6
Mary Jean Overend YES YES - - YES - 3
Bruce Browning YES YES YES YES YES YES 6
Dale Hartman YES YES YES YES YES YES 6
Bob Jacobson YES YES YES YES YES YES 6
Rolf Peterson YES - - YES - YES 3
Kirk Morrow (appointed 9/5/06) YES 1
Attachments: Work Plan for 2007
Proposed Bylaws Revisions and Revised Bylaws
Prepared by: Reg Dunlap, Civic TV Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 4
2007 Telecommunications Advisory Commission Work Plan
February 1 Council Chambers
♦ Update on Park Wi Fi
♦ Progress on fiber optic ordinance
♦ Park TV update
♦ Studio update
♦ School District accountability policy proposal
♦ Cable company reports and suggested categories to track
♦ FCC rule making update
March Joint meeting at City Council Study Session
♦ Review 2006 Annual Commission Report to City Council
♦ Review Work Plan for 2007
♦ FCC rule making update
May 3 Council Chambers
♦ School District funding for 2006
♦ School District quarterly report
♦ Using High School studio for Community TV productions
July 12 Council Chambers
♦ Update on Park Wi Fi
♦ Review draft mid year report
July 31 mid year progress report to Council
October 4 Council Chambers
December 6 Council Chambers
♦ Comcast presentation on new cable rates and/or changes in the channel line up
♦ Review School District reports
♦ Wireless update
♦ Set meetings for 2008
♦ Draft Work Plan for 2008
♦ Draft Annual Report for 2007
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 5
Telecommunications Commission Proposed Bylaws Revisions
Background
The Council adopted revised Rules and Procedures for Boards and Commissions on September
18, 2006 that required some changes to the Telecommunications Commission bylaws. The
Telecommunications Commission approved the two revisions described below. The key phrases
that conflict between the Rules and Procedures and the Telecommunications Commission bylaws
are underlined.
Change #1:
Current Bylaws :
3.2 Term of Office. Officers will assume office at the first meeting following an election.
The term for officers shall be one year and the chair shall be limited to serving two
consecutive one-year terms.
September 18 Rules and Procedures state:
C. Membership and Terms
…..Board and Commission members may not chair more than one commission at a time and
commissioners may only serve one consecutive year as chair.
Proposed revision:
3.2 Term of Office. Officers will assume office at the first meeting following an election.
The term for officers shall be one year and the chair may only serve one consecutive year
as chair.
Change #2:
Current Bylaws:
5.2 Annual Meeting. The annual meeting of the Commission shall be held early each year
at which time elections will be held and a summation of progress made, work
accomplished and a proposed work program for the coming year shall be prepared for
delivery to the City Council.
September 18 Rules and Procedures state:
I. Annual Report
Each board or commission shall prepare a draft written report for the Council which includes
activities undertaken in the past year and goals for the coming year. Every effort should be made
to submit the report to the Council by January 1. After reviewing the report, the Council will
meet with the group in a study session to discuss the report and other issues of concern to the
commission prior to approving the report. Mid-year progress reports should be submitted to the
Council by July 31 of each year.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 6
Proposed revision:
5.2 Annual Meeting. The annual meeting of the Commission shall be the last meeting held
each year at which time elections will be held and a summation of progress made, work
accomplished and a proposed work program for the coming year shall be prepared for
delivery to the City Council.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 7
TELECOMMUNICATIONS ADVISORY COMMISSION BYLAWS
ARTICLE I – THE COMMISSION
1.1 Name of the Commission. The Commission was officially created as the Cable
Television Advisory Commission by Ordinance 1783-89 on April 17, 1989, and
reestablished and renamed the Telecommunications Advisory Commission (“The
Commission” by Ordinance 2216-01 effective January 1, 2002.
1.2 Powers. The powers of the Commission shall be as stated in section 2-184 of the St.
Louis Park City Code.
1.3 Relation to the Ordinance. These bylaws supplement the Ordinance, and in the case of
conflict, are subordinate to the Ordinance.
ARTICLE II – OFFICERS & STAFF
2.1 Officers. The officers of the Commission shall be the Chair and Vice-Chair.
2.2 Chair. The chair shall preside at all meetings of the Commission and is eligible to vote
on all matters coming before the Commission. The chair shall appoint all committees.
The chair shall have the responsibility for calling special meetings of the Commission and
for conducting all meetings in an orderly manner.
2.2 Vice-Chair. The Vice-Chair shall perform the duties of the chair in the absence or
incapacity of the Chair.
2.3 Staff Liaison. A staff liaison to the Commission shall be appointed by the city manager
and shall be subject to the administrative rules and regulations of the city. The staff
liaison may facilitate or assist in the meetings and shall be responsible for recording
attendance of commission members and for preparation of minutes. The staff liaison is
responsible for keeping the city manager informed regarding the business of the
commission and shall communicate to the city manager any problems or issues that may
arise. The staff liaison shall also be responsible for assisting the commission in
considering their financial needs and, if deemed necessary by the commission, shall
request appropriate funding from the city council through the annual budget process.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 8
ARTICLE III - ELECTIONS
3.1 Elections. A regular election shall be held at the annual meeting each year. Officers
shall be nominated from the floor by any voting member of the commission.
3.2 Term of Office. Officers will assume office at the first meeting following an election.
The term for officers shall be one year and the chair may only serve one consecutive year
as chair.
3.3 Succession of Office. The Vice-Chair shall succeed to the office of Chair in the event
the Chair is vacant by virtue of any inability to fulfill the duties of the office. Should the
Vice-Chair thus move to the Chair, a special election shall be held to fill the unexpired
term of the Vice-Chair.
ARTICLE IV – CONDUCT OF BUSINESS
4.1 Voting. Each regular member of the Commission including the Commissioner
appointed by the School Board and any Youth Member appointed by the City Council
shall be entitled to one vote on all matters brought to a vote.
4.2 Quorum. Four (4) commissioners shall constitute a quorum for the purpose of
transacting its business. A smaller number may adjourn from time to time until a quorum
is obtained.
4.3 Majority Vote Required. A majority vote of the members present and voting is required
for passage of all matters before the Commission.
ARTICLE V – MEETINGS
5.1 Meetings. All meetings of the commission will be conducted in accordance with the
Minnesota Open Meeting Law. Proceedings of the Commission will be conducted as
outlined in the Standard Code of Parliamentary Procedure.
5.2 Annual Meeting. The annual meeting of the Commission shall be the last meeting held
each year at which time elections will be held and a summation of progress made, work
accomplished and a proposed work program for the coming year shall be prepared for
delivery to the City Council.
5.3 Regular Meetings. The Commission will hold at least four regular meetings each year.
Regular meeting dates shall be set during the final meeting of each year for the upcoming
year and shall not be held on any of the holidays recognized by the St. Louis Park City
Council. The meeting time shall be 7:00 p.m. promptly. Meeting dates shall be posted in
advance in the city offices. The commission may change the regular meeting time or date
as deemed appropriate, provided the public notice requirement for a special meeting is
met.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 9
5.4 Special Meetings. Special meetings of the Commission may be called by the chair or
three commissioners for the purpose of transacting any business designated in the call.
The call for special meeting shall be delivered in compliance with state law. At least one
day prior to the meeting, a notice must be delivered to the Commissioners of the date,
time, place and purpose of the special meeting. Notice of the date, time, place and
purpose of a special meeting must also be posted on the principal bulletin board of the
city at least three days prior to the date of the meeting.
5.5 Emergency Meetings. An emergency meeting may be called by the chair due to
circumstances which require immediate consideration. Notice must be made to
commissioners by any means available. A good faith effort shall be made to provide
notice of the meeting to any news medium that has filed a written request for notice of
meetings. The notice shall include the purpose of the meeting.
5.6 Record of Proceedings. All minutes and resolutions shall be in writing and shall be
recorded in the journal of the proceedings of the commission. Records shall be kept in
accordance with MN Statute and rules regarding preservation of public records and the
MN Data Privacy Act.
ARTICLE VI – ATTENDANCE
6.1 Absences. If a Commissioner is unable to attend a regularly scheduled or special meeting
of the Commission, that member shall notify the City staff liaison of this fact no later
than 4 p.m. the day of the meeting.
6.2 Attendance. Commission members are expected to attend regular and special
commission meetings and assigned committee meetings. A roster of attendance shall be
maintained. Repeated absences shall result in the chair contacting the member to
ascertain his/her intentions as to continuing involvement on this Commission.
6.3 Request for Council Action. Should the member not wish to continue to serve on the
Commission, or should the member have continuing absences, the chair shall inform the
City Council of this fact, recommending the Council appoint a replacement.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 2 - Telecommunications Advisory Commission Bylaws, Work
Plan and Annual Report
Page 10
ARTICLE VII – AMENDMENTS
7.1 Amendments. Amendments to these bylaws may be proposed by any voting member.
All proposed amendments shall be submitted in writing to each member of the
Commission at least fifteen (15) days prior to the regular meeting of the Commission at
which that amendment is to be considered. A statement explaining the purpose and effect
of the proposed amendment shall be attached to the proposed amendment. Amendments
shall be considered only at regular meetings of the Commission.
Adopted January 27, 1983
Revised August 23, 1984
Revised March 10, 1997
Revised December 5, 2002
Revised May 5, 2005
Revised December 7, 2006
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 1
3. Human Rights Commission Bylaws, Work Plan and
Annual Report
Administrative Services
PURPOSE OF DISCUSSION: To provide the Council with the work plan and annual report
prepared by the Human Rights Commission (HRC) in advance of the meeting with the
commissioners in March or April. The HRC Bylaws, already approved, have been included so
that Council can review and compare them to what is set forth in the ordinance.
BACKGROUND: The City Council has requested draft copies of each commission’s work plan
and annual report prior to the annual meeting with the commissions. The 2006-2007 HRC Work
Plan, which was approved by Council last year, and the 2006 Annual Report are attached for
Council’s review and discussion.
In addition, staff is attaching the HRC’s Bylaws for your review and comment. Chapter 2 of the
City Code defines the HRC’s Purpose (Sec. 2-211) and the HRC’s Powers and Duties (Sec. 2-
215). There are some differences between the HRC Bylaws , mission and goals as listed under
Article I, Sections 1.31 and 1.34, and city ordinance. Staff is seeking Council’s direction on the
HRC Bylaws and how Council would like to proceed with changes, if any.
Attachments: Human Rights Commission 2006-2007 Work Plan
Human Rights Commission Annual Report
Human Rights Commission Bylaws
City Code, Chapter 2, Art. IV, Div. 3, Sections 2-211 and 2-215
Prepared by: Marcia Honold, Management Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 2
Human Rights Commission
2006 – 2007 Work Plan
Mission: The Human Rights Commission advises the City Council about promoting equal
opportunity, thwarting discrimination and encouraging an appreciation for the city’s diverse
ethnic and cultural populations among residents, workers and visitors to St. Louis Park. The
Commission helps individuals and institutions cultivate a community that embraces principles of
equality, mutual respect, fair treatment and social equity for all of its citizens.
Priorities
Connecting and supporting minority communities
Work on proposing an Equal Access / City Separation Policy for St. Louis Park.
Identify and meet with groups representing or serving minority populations within the
city.
Listen and gather information about perceptions of bias.
Partner with adult ELL programs and other groups to support the work of the
commission.
Community & Youth Education
Promote cultural competency and human rights education in the community including
promoting the curriculum and video “This Is My Home” for use in groups and
classrooms for discussion. (www.thisismyhome.org)
Work together with schools to conduct anti-bullying and anti-teasing education.
Increase diverse programming on public cable TV by engaging youth to develop and
select programs.
Host a panel where people speak about different cultures.
Ongoing Commission Work
Respond to bias crimes as they occur in partnership with the Police Department
Sponsor a Human Rights Essay Contest winner for the state competition each year
Select annual Human Rights Award winners for St. Louis Park
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 3
Other Ideas (If time allows)
Develop new neighborhood programs so that minorities feel welcome in single family
areas and associations & crime watch programs are organized in multifamily housing
areas.
Host a picnic or house party for specific minority populations as a means to foster
connection and welcome feelings.
Invite the Ambassador programs to attend a Mosque
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 4
Human Rights Commission
2006 Annual Report
The following report is based on the work that was performed by the HRC, set by the
2006-2007 HRC work plan.
Priorities
Connecting and supporting minority communities
Worked on proposing an Equal Access / City Separation Policy for St. Louis Park.
o HRC attended a study session and updated the City Council on how other
communities were dealing with immigrants
o HRC researched various separation ordinances and policies and met with other
community organizations to understand their positions and efforts. The HRC
presented their findings as well as a proposed separation ordinance
As a result of this study session council asked to have more education
opportunities for themselves and others within the community on this
topic.
Identified and met with groups representing or serving minority populations within the
city.
o HRC worked with Jewish Community Action and Somali Action Alliance and
conducted a forum with members of the Somali Community.
Attendees included various city officials, PAC members, and members of
other community organizations
As a result of the forum, members of the Somali Community and SAA are
working with the SLP police on culture sensitivity training.
Listened and gathered information about perceptions of bias.
o The HRC received feedback about perceptions on bias from members of the
Somali Community during HRC meetings and at the forum
o Members of local synagogues attended an HRC meeting and discussed their
views on bias
Partnered with adult ELL programs and other groups to support the work of the
commission
o The director of SLP ELL attended HRC meetings as well as the forum and would
like to work with the commission to improve ELL opportunities. HRC will
continue dialogue with the ELL program in 2007.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 5
Community & Youth Education
Promoted cultural competency and human rights education in the community including
promoting the curriculum and video “This Is My Home” for use in groups and
classrooms for discussion. (www.thisismyhome.org)
o Commissioner Kristi Rudelius-Palmer facilitated a workshop for the Adult
Options in Education Fall In-Service on This is My Home with approximately 35
educators.
o Mayor Jeff Jacobs served as an inspirational panelist at the annual League of MN
Human Rights Commissions in September. The HRC participated and
coordinated the venue and technical support. A presentation on This is My Home
was conducted.
o Human Rights Commission training on This is My Home was conducted on
October 1st. The focus was on school-commission partnerships in five cities
throughout the state as a model.
o Met with Superintendent Debra Bowers and the District Curriculum Coordinator
to explore ways the This is My Home K-12 curriculum and school climate
initiative can work with St. Louis Park Schools.
Worked together with schools to conduct anti-bullying and anti-teasing education.
o The SLP schools are offering education on anti-bullying and anti-teasing. The
HRC will reassess the need for any further education.
Increased diverse programming on public cable TV by engaging youth to develop and
select programs.
o Recommended by Mayor Jacobs, the HRC Education Committee worked to
develop potential questions for the Bookmark in the Park interviews of
immigrants in St. Louis Park, which aired on cable.
o HRC worked with Reg Dunlap to begin showing the Twin Cities Public
Television production of This is My Home, beginning in 2007.
Hosted a panel where people spoke about different cultures.
o Members of the HRC attended a forum sponsored by the Tandem Project that
discussed the separation of belief and state.
o HRC will continue to host panels and forums with other immigrant communities
within SLP
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 6
Ongoing Commission Work
Responded to bias crimes as they occurred in partnership with the Police Department
o HRC has responded to any bias crimes via the bias/crimes of hate response plan
Sponsored a Human Rights Essay Contest winner for the state competition each year
o HRC continued to market and support the competition
Selected an annual Human Rights Award winners for St. Louis Park
Commissioner Matt Armbrecht attended the SLP Sunrise Rotary Club to promote the
work of the HRC.
Commissioner Joe Polach was noted as a guest columnist by the Sun Sailor.
A commissioner helped to coordinate the first statewide K-12 Human Rights poster
contest. Students were given their awards and recognized at the annual Human Rights
Day event held on December 1st, sponsored by the Minnesota Department of Human
Rights. Several commissioners attended the Human Rights Day event.
Sandy Johnson, HRC Liaison, and Kristi Rudelius-Palmer participated on the Diversity
Committee for Vision St. Louis Park.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 7
ST. LOUIS PARK, MINNESOTA
HUMAN RIGHTS COMMISSION BY-LAWS
Revised December 2006 and Approved by City Council on _________________
The St. Louis Park Human Rights Commission was established May 20, 1968.
Article I - The Commission
1.1 Name of Commission. The name of the Commission shall be the “St. Louis Park
Human Rights Commission”, which is referred to herein from time to time as “The
Commission”.
1.2 Powers. The powers of the commission shall be vested in the Commissioners thereof in
office from time to time.
1.3 Mission, Vision, Values, and Goal Statements. The Commission shall operate under
the tenets of these mission, vision, values and goal statements.
1.31 Mission
• The St. Louis Park Human Rights Commission advises the City Council about
promoting equal opportunity, thwarting discriminations, and encouraging an
appreciation for the City’s diverse ethnic and cultural populations among
residents, workers, and visitors to St. Louis Park. The Commission helps
individuals and institutions cultivate a community that embraces principles of
equality, mutual respect, fair treatment, and social equity for all of its citizens.
1.32 Vision
• The Commission adheres to the vision set forth by the City
1.33 Values
• The Commission adheres to the values set forth by the City
1.34 Goals
• To develop awareness and sensitivity to the diversity and changing
demographics of the general population and business communities.
• To build relationships with the School District, Community Education, The
Library, other human rights commissions or civic organizations, and to
collaborate with them in efforts related to human rights.
• To define and strengthen the Commission’s relationship with the St. Louis
Park city government.
• To develop the Commission into an effective, cohesive, and knowledgeable
work group, creating a community structure to meet both cyclical needs and
specific project objectives.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 8
Article II - Officers
2.1 Officers. The officers of the Commission shall be Chair, and Vice-Chair.
2.2 Chair. The chair shall preside at all meetings of the commission. The chair shall also
be responsible for appointing Commission members to task force committees. The
Chair’s position rotates annually and the chair serves for one year.
2.3 Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or
incapacity of the chair; and in case of the resignation or death of the chair, the vice-chair
shall perform such duties as imposed on the chair until such time as the commission shall
select a new chair. The Vice-Chair serves for one year.
2.4 Secretary (if applicable). The secretary shall be responsible for ensuring proper notice
of all meetings is given. The secretary shall also be responsible for the minutes of all
meetings and for the recording of all official actions of the commission in accordance
with MN Statute and City policy. The secretary shall perform other duties as the
commission shall prescribe.
2.5 Staff Liaison. A staff liaison to the Human Rights Commission shall be appointed by the
city manager and shall be subject to the administrative rules and regulations of the city.
The staff liaison may facilitate or assist in the meetings and shall be responsible for
recording attendance of commission members. The staff liaison is responsible for
keeping the city manager informed regarding the business of the commission and shall
communicate to the city manager any problems or issues that may arise. The staff liaison
shall also be responsible for assisting the commission in considering their financial needs
and, if deemed necessary by the commission, shall request appropriate funding from the
city council through the annual budget process.
2.6 Delegation of Duties. Officers may delegate duties of their position to other personnel
as deemed appropriate by the commission.
Article III - Election of Officers
3.1 Elections and Terms of Office. The chair and vice-chair shall be elected from the
commission membership by its members at the regular meeting in December of each
year, or as shortly thereafter as possible. Terms of office shall be for one year and shall
run from January 1st through December 31st of each year, or until a duly elected
successor takes office.
3.2 Vacancies. Should the office of chair or vice-chair become vacant, the commission shall
elect a successor from its membership at the next regular meeting, and such election shall
be for the unexpired term of said office.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 9
Article IV - Meetings
4.1 Meetings. All meetings of the commission shall be conducted in accordance with the Minnesota Open Meeting Law.
4.2 Annual Meeting. The annual meeting of the commission shall be the regular meeting in
December at which time elections will be held and the schedule for the following year’s
regular meeting schedule will be considered.
4.3 Regular Meetings. The regular meetings of the commission shall be held on the third
Tuesday of the month at City Hall at 7:00 p.m. The commission may, by a majority vote,
change the regular meeting dates for any reason provided proper public notice of the
changed meeting is provided to the public.
4.4 Holidays. The Commission shall hold regular meetings as set forth in section 4.3. [provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the following holidays: Ash Wednesday, Chanukah, Christmas, Veterans Day, Independence Day, Thanksgiving Day, President’s Day, Martin Luther King Jr. Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Tuesday not a holiday. (For Chanukah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Commission shall be held in the City Hall of the City or other public building as noticed.
4.5 Special Meetings. Special meetings of the Commission may be called by the chair or
two commissioners, or by the city council, for the purpose of transacting any business
designated in the call. The call for special meeting shall be delivered in compliance with
state law. The secretary must deliver to the commissioners at least three days prior to the
meeting a notice of the date, time, place and purpose of the special meeting. If however,
all commissioners attend and participate in the meeting, these notice requirements are not
necessary. The presence of any commissioner at a special meeting shall constitute a
waiver of any formal notice unless the commissioner appears for the special purpose of
objecting to the holding of such meeting. Notice of the date, time, place and purpose of a
special meeting must also be posted by the secretary on the principal bulletin board of the
city at least three days prior to the date of the meeting.
4.5 Emergency Meetings. An emergency meeting may be called by the chair due to
circumstances which require immediate consideration. The staff liaison may notify
commissioners by any means available. A good faith effort shall be made to provide
notice of the meeting to any news medium that has filed a written request for notice of
meetings. The notice shall include the purpose of the meeting.
4.5 Quorum and Voting. The presence of a majority of all currently appointed members of
the commission shall constitute a quorum for the purpose of conducting its business and
exercising its powers and for all other purposes. In the event a quorum is not reached, a
smaller number of members may meet to discuss the business of the commission and
recommendations may be made, however, formal action must be reserved for such time
as a quorum of the commission is reached.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 10
Article V - Agenda and Records of Proceedings
5.1 Agenda Preparation. The agenda for regular and special meetings of the commission
shall be prepared by the staff liaison subject to approval by the chair. Items to be placed
on the agenda may be proposed by the chair, a commission member, the staff liaison or at
the request of the city council. Residents, businesses, or other interested parties may
contact individual commission members or the staff liaison to request that an item be
placed on the agenda for consideration. All agenda topics presented by the city council
will be placed on an appropriate agenda, requests from other parties will be placed on an
appropriate future agenda at the discretion of the chair. .
5.2 Approval of the Agenda. The agenda shall be approved at each meeting prior to
discussion of any item on the agenda. At the time of agenda approval, items may be
removed and the order of business may be modified by a majority vote of members
present at the meeting. Prior to adjournment, members present may communicate items
recommended for inclusion on future agendas.
5.3 Record of Proceedings. All minutes and resolutions shall be in writing and shall be
copied in the journal of the proceedings of the Authority. Records shall be kept in
accordance with MN Statute and Rules regarding preservation of public records and the
MN Data Privacy Act.
Article VI - Attendance and Performance of Duties
6.1 Attendance. Regular attendance at meetings is a requirement for continued membership.
Commission members are expected to attend regular and special commission meetings
and assigned committee meetings. Planned absences communicated to the commission
chair or committee task force chair in advance of the meeting will be deemed excused.
Any other absence will be deemed unexcused. The commission will approve and record
the approval of all excused and unexcused absences.
6.2 Reporting. Council will be informed if a member receives three unexcused absences in
any calendar year, if a member attends scheduled meetings irregularly or if a member is
frequently absent from scheduled meetings.
6.3 Performance of Duties. Commissioners are expected to adequately prepare for
meetings. Commissioners unable to complete an assigned task should notify the
commission chair or task force chair as soon as possible. The commission may ask the
Council to review a member's appointment based upon its assessment of significant non-
performance of duties.
Article VII - Commission Activities
7.1 Annual Work Plan. The commission will adopt an annual work plan that details
activities and projected timelines for the calendar year.
• The chair may appoint commission members to be primarily responsible for each
work plan activity.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 11
• The commission may establish task force committees to oversee work plan activities,
chaired by members appointed by the chair.
• Commission work plans will be submitted to the City Council by January 1st or as
shortly thereafter as practicable.
• Commission members will attend a study session to discuss the annual work plan
with the City Council. A written mid-year progress report is due by July 31 of each
year.
7.2 Task Forces. The commission may create task force committees to investigate and
perform duties related to subjects of interest to the commission and to oversee work plan
activities.
• Task force committees will be chaired by commission members appointed by the
commission chair.
• A task force consists of at least two appointed commission members, one of whom
will be designated committee chair or committee co-chair by the commission chair.
A majority of the task force must be present to conduct business, including at least
two commission members.
• The commission may consolidate or dissolve existing task forces at any time.
• The task force chair may appoint other commission members and representatives
from the broader community to the task force.
• The task force chair shall report about task force activities as an agenda item at
regular commission meetings.
7.3 City Council Annual Report. The commission will submit an annual report to the City
Council summarizing the past year's activities. The report may highlight issues of
concern and other information the commission feels appropriate to convey to the city
council.
• The commission chair or designee will prepare the report for approval by the
commission. Commission members may submit signed addenda presenting
alternative conclusions or perspectives.
• The report and addenda are submitted with the current year work plan by January 1
or as soon thereafter as possible.
Article VIII - By-Laws and Rules
8.1 Amendments. These By-Laws may be amended by a majority of all voting member of
the commission. Commission members must be given one month's advance notice
regarding proposed amendments prior to formal commission action. Amendments to
these procedures can only be considered at a regular meeting of the commission.
8.2 City Council’s Rules and Procedures for Boards and Commissions. These by-laws
are subject to the City Council’s Rules and Procedures for Boards and Commissions,
amended by Resolution 06-148 on September 18, 2006 and Chapter 2, Administration,
the St. Louis Park City Code.
St. Louis Park City Council Study Session
Discussion Item: 020507 - 3 - Human Rights Commission Bylaws, Work Plan and Annual
Report
Page 12
CITY CODE, CHAPTER 2 ADMINSTRATION
ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES
DIVISION 3. HUMAN RIGHTS COMMISSION
…
Sec. 2-211. Purpose.
The purpose of the human rights commission shall be to advise the city council in its efforts to
ensure all citizens protection of their human rights and full and equal opportunity for participation in the
affairs of this community. The city declares, as a matter of public policy, that it is interested in securing
for all of its citizens equal opportunity in housing, employment, public services, public accommodations
and education, and that it is the public policy of the city to assist the state department of human rights in
implementing the Minnesota Human Rights Act (M.S.A. § 363.13) by the human rights commission's
investigation of complaints, development and implementation of a program of education and compliance
review, and through advising the city council on long range programs to improve human relations and
expand the protection of human rights in the city.
(Code 1976, § 1-340)
Sec. 2-215. Powers and duties.
(a) The human rights commission shall have the following powers and duties to:
(1) Study and review programs and policies and advise and aid the city council in enlisting
the cooperation of agencies, organizations and individuals in the city in an active
program directed to create equal opportunity and eliminate discrimination.
(2) Advise and aid the city council in developing and implementing programs of cooperation
with the state department of human rights to fulfill the purposes set out in section 2-211.
(3) Make recommendations to the city council regarding formulation and implementation of
human rights programs for the city. The programs shall be directed toward increasing the
effectiveness and direction of all individuals and agencies of the city through planning,
policy-making and education in the area of human rights.
(4) Advise the city council with respect to human rights issues arising out of or in connection
with the plans or operations of any city department or agency and recommend the
adoption of such specific policies or actions as may be needed to protect human rights in
the city.
(5) Advise and recommend to the city council programs or legislation to eliminate
inequalities of opportunity in the area of human rights.
(6) Publish and distribute to the public at large any materials necessary or advisable to carry
out its functions, subject to requirements of the city council.
(7) Make studies, surveys and investigations necessary or advisable to carry out its functions.
(8) Sponsor such meetings, institutes, forums and other educational activities as will lead to
clearer understanding of local human rights issues and contribute to their proper
resolution.
(9) Submit to the city council by April 1 of each year an annual report of the activities of the
commission during the previous year.
(b) The commission shall have such additional powers and duties as the city council shall from time
to time determine.
…
(Code 1976, § 1-344)
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 1
4. Liquor Ordinance Amendments Administrative Services
PURPOSE OF DISCUSSION: Staff is returning to Council to report back on the discussion
with liquor license holders on the potential changes to the City’s regulations relating to on and
off-sale liquor establishments. Based on the May 8th and the July 17, 2006 study sessions,
proposed changes to the ordinance included signage (50% maximum coverage for windows),
prohibiting installation of security bars on windows, minimum distances from schools and
daycares, proposed changes to the administrative penalties schedule (see attached), and strategies
for employers to prevent the sale of alcohol to minors. Staff requests direction from Council on
how it wishes to proceed regarding these matters.
BACKGROUND: Council has expressed concern over recent months about the number and
location of new off-sale liquor stores within St. Louis Park, image issues associated with this,
and the sale of alcohol to minors. After reviewing possible changes to the ordinance, Council
directed staff to meet with liquor license holders and ask them for feedback on the changes being
considered.
An open house was held on January 11 with the license holders and the following is a summary
of comments staff received on the various changes being considered.
1. Signage and restricting bars on windows:
License holders did not seem concerned with the proposed changes to this section. Prior to the
meeting, Assistant Zoning Administrator Gary Morrison conducted drive-bys of many
establishments and did not find bars on any windows. One store owner wanted to know if
Council would prohibit installation of security bars on the inside of windows – not visible from
the exterior of the building.
2. Minimum Distances from Sensitive Uses:
No comments were received about this change.
3. Administrative Penalties:
License holders strongly opposed changes to the penalty schedule, specifically the temporary
suspension of the license for the second and third violations. The majority prefer paying a fine
(state law restricts us to a $2,000 maximum fine per occurrence) over temporary suspension. As
proposed, for second and third offenses within a three-year time period, license holders would be
subject to 10 and 15 day suspensions respectively, and we heard that this could put many of them
out of business. In addition, they felt that the suspension would unfairly penalize patrons,
employees and owners.
License holders also asked if the city could apply administrative penalties to the person who
made the sale. After checking with our attorney, the city can not impose an administrative
penalty on anyone except the license holder. The person who makes the sale to a minor is
charged criminally.
The license holders do support limiting the amount of time fines can be counted toward
cumulative violations. The proposed ordinance tracks violations over a three-year period; some
proposed following a two-year schedule.
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 2
4. Education:
License holders and their employees participate in training, and were pleased to know that the
police department also offers voluntary education training. Mandatory training is already in
place for all employees and is required by the license holder’s insurance company. As proposed
in the attached Ordinance, mandatory education is in place for first-time violators.
5. Other issues
Other issues that were discussed during the open house include incentives for license holders
who will terminate employees for selling alcohol to minors, card readers at off-sale liquor stores,
training for false identification, and mandatory carding of all people who want to purchase
alcohol. Based on the conversations that followed, the only idea that received support was the
incentives.
POLICY CONSIDERATIONS:What changes should be made to the penalty schedule, if any?
Staff has developed a revised penalty schedule for your consideration (this has not yet been run
by the license holders for their feedback). Also, staff desires direction as to whether it should
proceed with making changes to the other sections of the ordinance e.g., minimum distances,
signage, prohibiting bars on windows etc.?
Current Previously Proposed Revised
1st Violation $1,000 fine $2,000 fine $2,000
2nd Violation $2,000 fine 10 day suspension $2,000, 1 day
suspension
3rd Violation 3-day suspension
(business days)
15 day suspension $2,000, 3 day
suspension
4th Violation None Revocation (4th
violation in 3 years)
Revocation (4th
violation within 3
years)
Attachments: Minutes from the July 17, 2006 Council meeting (excerpt)
Draft Ordinance Amending Chapter 3, Alcoholic Beverages
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 3
Minutes from the July 17, 2006 Study Session (Excerpt)
1. Off-Sale Liquor Licenses
Staff has returned to Council with information regarding the sale of liquor and staff
recommendations.
Councilmember Omodt favors the staff recommendation on signage. Councilmember
Finkelstein said the Council may need to revisit limiting the number of liquor stores.
Councilmember Carver favors a $2000 fine for the first offense of selling to a minor and begin
suspensions the second time. Councilmember Omodt agrees with Councilmember Carver.
City Clerk Nancy Stroth said, currently, there is nothing in the City ordinance regarding a
timeframe for violations. City Manager Tom Harmening said staff is suggesting, for the sale of
beverages to minors, a fine for the first offense and then suspension for all offenses thereafter
within a three-year period, and a three-day suspension, i.e., for the liquor portion of an
establishment.
Police Lieutenant Chad Kraayenbrink said liquor store owners are offered alcohol compliance
training from the City for their employees.
Councilmember Sanger asked if a liquor establishment is cited for noncompliance, may the City
require mandatory alcohol compliance training or that the liquor establishment furnish
certification from a private vendor. Mr. Harmening thinks that would be a possibility.
Councilmember Sanger asked if compliance checks could be done more than one a year.
Management Assistant Marcia Honold responded yes. Ms. Honold said Police Chief Luse
indicated to her that he would like to increase the frequency of the checks based on failure rates.
In regard to the sale of liquor to a minor, Lieutenant Kraayenbrink said the criminal offense goes
to the person who served the alcohol and the civil penalty to the establishment.
Councilmember Basill said bars on windows were not covered in the staff report. There is no
reason for bars on windows. Councilmember Basill wants to limit the number of liquor stores in
St. Louis Park. Assistant Zoning Administrator Gary Morrison said he is not aware of anything
that prohibits bars on windows. Mr. Harmening said staff will try to fit that in for Council’s
adoption.
Councilmember Carver asked if the City could adopt an ordinance to require buyers to provide
identification. Councilmember Paprocki suggested getting owners more concerned. Council and
staff discussed verifying identification electronically. Mayor Jacobs asked what the public
policy for the passage of tonight’s suggestions would be. Mr. Harmening said staff will have
conversations with liquor store owners and get their feedback.
Mr. Harmening summarized: There is a consensus to limit signage of exterior windows, avoid
negative aesthetic and appearance issues to not allow bars on windows; there is no consensus to
limit the number of liquor establishments; there is some interest in adopting some minimal
distance between liquor establishments and sensitive uses such as schools and churches, but not
for existing establishments; there is a consensus to increase penalties and impose a timeline of
three years; in regard to compliance checks, after one violation mandatory training will be
required; and staff will check about requiring showing identification.
Councilmember Finkelstein may want to take the signage issue to the Business Council for their
input.
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 4
ORDINANCE NO. _________
CITY OF St. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 3 OF THE
ST. LOUIS PARK CITY CODE CONCERNING
ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS:
SECTION 1. Section 3-32 of the St. Louis Park City Code is amended by adding the
following definitions:
Place of Worship means church, synagogue, temple, mosque, or other facility used for
religious services.
School means a building used for the purpose of elementary or secondary education, which
meets all the requirements of compulsory education laws of the State of Minnesota, and not
providing residential accommodations.
SECTION 2. Section 3-57. (3) of the St. Louis Park City Code is amended to read:
(3) On-sale Wine licenses. Wine licenses may be issued, with the approval of the
commissioner, only to restaurants having facilities for seating at least 30 people at one
time for the sale of wine not exceeding 14 percent alcohol by volume and for
consumption on the licensed premises only in conjunction with the sale of food. The
holder of a wine license who is also licensed to sell 3.2 percent malt liquor on-sale, and
whose gross receipts are at least 60 percent attributable to the sale of food, may also sell
intoxicating malt liquor at on-sale without an additional license. A rabbi, priest or
minister of a church or other established religious organization may import wine
exclusively for sacramental purposes without a license. No license shall be required for
the resale of wine by a rabbi, priest, minister or pastor of a duly organized religious
organization to worshippers solely for the purpose of practicing religious rites in their
homes.
SECTION 3. Section 3-75 of the St. Louis Park City Code is amended to read:
Sec. 3-75. Administrative penalty.
Prior to expiration of the 20-day notice period as set forth in section 3-74, the licensee
may stipulate to both the violation identified in the notice and an administrative penalty
(revocation, suspension of up to 60 days and/or up to $2,000.00 civil fine) set by the city
manager, as set forth in section 3-78, in lieu of a hearing before the city council. The stipulation
must be approved by the city council. If such stipulation is approved by the city council, the
administrative penalty proposed by the stipulation must be completed within 30 days. If the city
council does not approve the stipulation, the city council may impose penalties as provided in
section 3-73, following a hearing as set forth in section 3-74.
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 5
SECTION 4. Chapter 3 of the St. Louis Park City Code is amended by adding Section
3-78 to provide:
Sec. 3-78. Presumptive civil penalties.
A. Purpose: The purpose of this Section is to establish a standard by which the City Council
determines the length of license suspensions and the propriety of revocations, and shall
apply to all premises licensed under this Chapter. These penalties are presumed to be
appropriate. The Council may deviate from the presumptive penalty where the Council
finds that there exist substantial reasons making it appropriate to deviate, such as, but not
limited to, a licensee’s efforts in combination with the State or City to prevent the sale of
alcohol to minors. When deviating from these standards, the Council will provide written
findings that support the penalty selected.
B. Presumed penalties for Violations: The presumed penalties for violations are as follows
(unless specified, numbers below indicate consecutive days’ suspension):
Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation
1. Commission of a felony
related to the licensed
activity.
Revocation
N/A
N/A
N/A
2. Sale of alcoholic beverages
while license is under
suspension.
Revocation
N/A
N/A
N/A
3. Sale of alcoholic beverages
to underage person:
$2,000
10
15
Revocation
4. Sale of alcoholic beverages
to obviously intoxicated
person.
3
6
18
Revocation
5. After hours sale of alcoholic
beverages.
3
6
18
Revocation
6. After hours display or
consumption of alcoholic
beverages.
2
4
12
Revocation
7. Refusal to allow govern-
ment inspectors or Police
admission to inspect
premises.
5
15
Revocation
N/A
8. Illegal gambling on
premises.
3
6
18
Revocation
9. Failure to take reasonable
steps to stop person from
leaving premises with
alcoholic beverages.
2
4
12
Revocation
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 6
10. Sale of intoxicating liquor
where only license for
3.2 percent malt liquor
3
6
18
Revocation
The penalty for violations without a presumptive penalty shall be determined by the City
Council.
C. Multiple Violations: At a licensee’s first appearance before the Council, the Council
must act upon all of the violations that have been alleged in the notice sent to the
licensee. The Council in that case must consider the presumptive penalty for each
violation under the first appearance column in subsection (B) above. The occurrence of
multiple violations is grounds for deviation from the presumed penalties in the Council’s
discretion.
D. Subsequent Violations: Violations occurring after the notice of hearing has been mailed,
but prior to the hearing, must be treated as a separate violation and dealt with as a second
appearance before the Council, unless the City Administrator and licensee agree in
writing to add the violation to the first appearance. The same procedure applies to the
second, third, or fourth appearance before the Council.
E. Subsequent Appearances: Upon a second, third, or fourth appearance before the Council
by the same licensee, the Council must impose the presumptive penalty for the violation
or violations giving rise to the subsequent appearance without regard to the particular
violation or violations that were the subject of the first or prior appearance. However, the
Council may consider the amount of time elapsed between appearances as a basis for
deviating from the presumptive penalty imposed by this Section.
F. Computation of Violations: Multiple violations are computed by checking the time
period of the three (3) years immediately prior to the date of the most current violation.
G. Other Penalties: Nothing in this Section shall restrict or limit the authority of the Council
to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two
thousand dollars ($2,000.00), to impose conditions, or take any other action in
accordance with law; provided, that the license holder has been afforded an opportunity
for a hearing in the manner provided in this Chapter.
H. In addition to civil penalties, every licensee that has been found in violation of this
Chapter must enter into and complete a training program approved by the City’s Police
Department.
SECTION 5. Section 3-103 of the St. Louis Park City Code is amended by adding the
following paragraph:
(c) Proof of Age. No liquor licensee shall sell or allow consumption of alcoholic
beverages without first obtaining proof of age. Proof of age for purchasing or
consuming alcoholic beverages may be established only by one of the following:
City Council Study Session
Discussion Item: 020507 - 4 - Liquor Ordinance Amendment
Page 7
(1) a valid driver’s license or identification card issued by Minnesota, another
state, or a province of Canada, and including the photograph and date of
birth of the licensed person;
(2) a valid military identification card issued by the United States Department
of Defense;
(3) a valid passport issued by the United States; or
(4) in the case of a foreign national, by a valid passport.
SECTION 6. Section 3-110 of the St. Louis Park City Code is amended by adding the
following paragraphs:
(d) Exterior metal burglar bars on windows and doors are prohibited.
(e) The total area of signs in windows shall not exceed 50% of the total area of
windows fronting a street. Signs shall not be displayed on doors, and doors shall
not be included in the window area for purposes of determining the 50%
maximum coverage.
(f) No initial license to sell intoxicating liquor may be issued within 300 feet of a
public school or place of worship.
SECTION 7 This ordinance shall take effect fifteen days after its publication.
First Reading
Second Reading
Date of Publication
Date Ordinance takes effect
Reviewed for Administration: Adopted by the City Council , 2007
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
St. Louis Park City Council Study Session
Discussion Item: 020507 - 5 - Flame Metals Update Report
Page 1
5. Flame Metals Update Inspections Department
PURPOSE OF DISCUSSION: To review the Consultants report on Flame Metals ventilation
and exhaust systems.
BACKGROUND: Flame Metals previously hired a consulting engineer to evaluate possible
modifications to reduce the concentration of exhaust emissions on the adjacent neighborhood.
The resulting permit application from Flame Metals proposed replacing one of the large
mushroom rooftop building exhaust fans with a high velocity upward discharging unit. As
consultants for the City, ENSR reviewed the information and raised some questions regarding
the effectiveness of Flame Metal’s proposal. Following discussion during the September 11,
2006 Study Session, Council directed staff to investigate other alternatives to reduce the impact
of exhaust emissions on the neighborhood.
Staff worked with ENSR to locate and interview local consulting engineering firms with the
necessary expertise. Early in December we entered into a contract with Knutson Ventilation
Consulting, Inc. to evaluate the Flame Metals facility. Dennis Stevermer, Flame CFO, agreed to
allow Knutson Ventilation into the facility and suspend moving forward with their venting
modifications until after our consultants report was completed.
A copy of the January 31 consultants report will be provided to Flame Metals following the
meeting. Attorney Tom Scott will be attending the Study Session.
Attachments: ENSR/Knutson Ventilation Consulting, Inc. Report
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
City Council Study Session
Discussion Item: 020507 - 6 - Future Study Session Agenda
Page 1
6. Future Study Session Agenda Planning Administrative Services
PURPOSE OF DISCUSSION: To assist the City Council and the City Manager in setting the
next study session agenda.
BACKGROUND: At each study session, approximately five minutes are set aside to discuss the
next study session agenda. For this purpose, attached please find the tentative agenda and
proposed discussion items for the study sessions on February 12.
Attachments: Future Study Session Agenda Planning
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
City Council Study Session
Discussion Item: 020507 - 6 - Future Study Session Agenda
Page 2
Future Study Session Agenda Planning
Monday, February 12, 2007
6:00 p.m. Executive Session with Council finalizing City Manager Evaluation – closed session.
Tentative Discussion - 7:00 p.m.
A. EDI Project Business Points – Community Development (45 minutes)
Staff to provide Council with the main business points/features of the EDI Project.
B. Joint Powers Agreement (SLP-Golden Valley) – Community Development (30 minutes)
Staff to return to Council for further discussion about the joint powers agreement and
associated issues as it relates to the proposed Duke development.
C. Vision St. Louis Park – Administrative Services (45 minutes)
To provide Council with initial staff feedback on the results of the visioning process and
to discuss the approach for discussing Vision during the Council workshop on February
23 and 24.
D. Police Advisory Commission Work Plan and Annual Report – Administrative Services
(15 minutes)
Council to review and discuss the 2007 work plan and 2006 annual report prepared by the
Police Advisory Commission (PAC) prior to meeting with the Commissioners at the
February 26 study session..
E. Future Agenda Planning – Administrative Services (5 minutes)
Reports
Draft Landscaping Ordinance
Quarterly Investment Report
Audit Work Plan
Finance Report (December)
Wireless Update
SLP Arts and Culture Grant Program Update
9:20 p.m. End of Meeting