March 21, 2016, Council Minutes

MARCH 21, 2016 – 7:30 PM
Those present, Mike Mason, Catherine Palen, Gerald Palen, Al Brixius, Nancy Beck.
1. CALL TO ORDER – Mayor Williamson called the meeting to order at 7:36 p.m.
2. ROLL CALL – Pavot, Hughes, Bren, Horton, Williamson.
3. INTRODUCTIONS – Williamson introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Planner Brixius, Commissioner Mason.
5. ADOPT AGENDA – Hughes makes a motion to adopt the agenda and Bren seconds. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA – Williamson explained this is routine in nature. Horton makes a motion and Pavot seconds to adopt the consent agenda. All votes ayes, motion carries.
a. City Council Regular Meeting Minutes from March 7, 2016
b. Garbage Hauler Annual Licenses
7. PUBLIC FORUM – Nothing.
a. Minnesota Bound Crappie Contest – May 7th
Horton asked about amplification because according to the application, tournament director, Liddle Marketing Company, is supplying the sound system in the parking lot. She wonders if this company is aware of the restrictions. Williamson refers to the language preceding this that they are subject to all relevant ordinances. Hughes asked about the hours of the event being 6 a.m. to 2 p.m. and he wonders if it’s too early. Tolsma said the sound system is used to announce competitors, fish weights, etc. He said he spoke with Tom Emer and noise in general was discussed along with this specific event and ‘less is more’ is the approach we’re looking for. Emer agreed. Pavot wonders about lowering the decibel level or limiting the amount of speech amplified. Tolsma said one call was received last year. He suggests restricting them to the decibel levels as cited in the ordinance. Hughes makes the motion to approve the special event permit for the Crappie Contest with the understanding Tolsma will communicate the decibel limitations for the first hour. Horton seconds. All votes ayes, motion carries.
b. LMCD Port of Call Request – Williamson said this is where watercraft engaged in a commercial activity may be licensed in one place and they may pull into other establishments. Hughes said the only port-of-call for Spring Park is Lord Fletcher’s restaurant. He said if a resident is going to have a large celebration and a cruise boat pulls up to a personal dock, the LMCD code says there is a one-time per season allowance. Hughes wonders about the Paddle Pub at the Lord Fletcher’s Apartments. Williamson said there are two other applications for paddle pub in the packet. Tolsma said there are three port-of-call requests, all for Lord Fletchers Restaurant. There is also a notification that one of the three boats using LF for port-of-call is also using 5th Street Ventures Marina Center as its Berth location. He said in the annual permitting process, multi housing permit is required to be licensed but a commercial district does not require this. Hughes wonders about where the alcohol comes from. He said the boat itself has to sell the liquor and thee paddle pubs operate where they buy the alcohol from Lord Fletchers. Catherine Palen 4352 West Arm Road. She asked about the paddleboat docked at LF Apartments. Williamson said it’s difficult to determine because they haven’t been named previously. Hughes asked Palen if she’s witnessed passengers leaving LF Apartments on the paddle pub boats and if so, that would be in violation. Tolsma said he spoke with Judd last year about cities getting notified where the boats will be berthed at. Hence, Serenity will be berthed at 5th Street Ventures. He’s not sure why they would notify us of two of them but not the third. Hughes would like to table this until we get more information. Williamson said communication with the LMCD is necessary that the city objects until more information is given. Horton wonders about the other requests. Tolsma said he’ll talk to the LMCD to get further information.
c. Plant Place CUP Extension Request – Williamson said part of the parking lot at the Marina shopping center has been used to sell seasonal plants. He said it was originally with Linders and it was approved as a CUP. He said CUP’s run with the property and all conditions still apply. He said the main conditions had to do with traffic movement and safety. He said the map seems to indicate an old way of traffic movement that has since been changed to accommodate a better traffic flow. Hughes said his concern was the fact that parking spaces were used for plant display. Horton wonders if they are aware of the requirements. Horton thinks they should be told to move the sales area further to the south, away from CR 15. Williamson said the CUP has to be revisited. Brixius said the sales area has specific setbacks of 30 feet and 50 feet for the greenhouse. Brixius suggests making this part of the condition that five parking stalls be followed. Williamson said it also needs to be stipulated plants and pots cannot be located in the flow of traffic. He said it’s to align with MGM and specific conditions for setup will be included. Hughes also thinks loading of vehicles needs to take place in the lot. Williamson said they like what they’re doing but it needs to be done safely. Hughes makes a motion to approve the CUP the original setbacks and fence area delineates the outdoor sales and communicated directly to the applicant. Horton seconds. All votes ayes, motion carries.
a. Mayor and Council –
• Hughes said the LMCD had their annual meeting with the Water Patrol. He said there was one fatal accident with Co2 poisoning, 33 BWI arrests and 388 citations were written. He said regarding the BWI’s it requires 2-3 officers off the lake to process. He said hours patrolled was 6000 plus. He said this year there are new boats. He said they are center-console designed with fire pumps and a flat deck at the bow. He said emergency transfer is much better. Computer technology has been loaded on the boats. He said it’s about $20k more than previous boats. Hughes said he met the full time deputy that’s been added. Hughes said the executive director of the LMCD is leaving the end of April and they are looking for an interim. He said the process has yet to be defined. He said they hope to have applications in next week for the interim and interview and approving as soon as April 6th. Pavot asked about water events in other areas of Hennepin County and deputies leaving to respond. Hughes said staffing has been increased to accommodate and he thinks the four new boats will be staying on Lk Mtka.
• Pavot said there are only two garden spaces left so she encourages those who are interested to sign up as soon as possible as they might be gone. Hughes said what is currently displayed in front of Norlings is what the garden container will look like.
• Williamson said he’s been invited to serve on the Board of Directors at the Gillespie Center.
b. City Administrator
c. City Engineer
d. City Planner
1. Micro Brewery & Taproom Discussion –
Brixius said there has been some interest shown in this. Brixius said the Surly bill allows for microbrews produced at a brewery. He said a C2 zoning allows for the business but doesn’t allow the manufacturing. He said microbrewery is where malt liquor is manufactured and the taproom is an accessory to the brewery. He said the taproom will be the principle use. He said growlers are an off sale component which is a 64 oz container that is sealed and sold for off site. Brixius said under the liquor licensing all intoxicating liquor needs 75% food sales and taprooms are not required to have food sales. He said the next highest is Wayzata requiring 60% with a full liquor license. He said in most communities establishment of food sales discourages taverns.

As a taproom, food sales would not be part of the business. Brixius said a typical taproom will offer the services of a mobile food truck. He said the city has a transient merchant ordinance. He said it’s a broad definition but he thinks the transient food trucks would be allowed under current code. He said what needs to be determined is the zoning districts, hours of operation, established setback separations from brick and mortar, annually licensed by the state and the number or frequency allowed.

He said he wants to know:
• What the city would like to allow, brewery/taproom in the C-2, C-1.
• Parking requirements would be required, additional provisions would be built in for wholesaling.
• Whether to exempt the taprooms from the food requirement percentage; and,
• What about food trucks.
• Growler sales need to be discussed and the licensing that goes with.

Williamson said he’s against it. Hughes said he understands the food trucks selling shrimp or garden produce, because they don’t eat it at the site. Brixius said definitions would be specifically defined. Pavot is excited for this. She wonders about a compromise and thinks it might be a benefit to both the Minnetonka Drive-In and the Asian Bistro. She said it’s a destination. She thinks it could be complimentary. Horton thinks it’s very exciting and she would hope it would be a take-off like what goes on in Excelsior. She thinks they have done a good job with enticing other groups, those that are interested in the history of the area. Bren also finds this to be exciting. She does not consume alcohol but she thinks it’s something new for Spring Par and she likes the idea of a disused building finding new life. She said other communities that have breweries, they take great pride in their business and they are clean and orderly. She said she thinks they’re a great addition. She said food trucks is another issue. She doesn’t have a problem with them, she said they’re regulated by the State of MN. She supports the idea and would be interested in getting more information. Hughes said his initial comment was on the food trucks. He said he is for the sales trucks but not preparation of food in the vehicle. He said if there were distances established, he’s not sure where they would be allowed. He said he’s open to the brewery or taproom concept but he’s like to know more about what’s being proposed. Hughes said he has been to several breweries.

Williamson said there were bars and taverns in this town and a lot of effort was made to get rid of them. He said that’s why the food percentages were established. He said part of the problem was a policing problem, especially if there are too many. He said this one proposal might be just the tip of the iceberg. Williamson said there was an establishment in Spring Park called All Stars and it was a sports bar. He said the problem was the police calls. He said it was a degradation of a good community. He said when writing a code it applies across the board so others come along and with that problems can come with it. He said this proposition puts a "Come and have a drink" brewery very close to Ridgeview Clinic. He thinks that would be the last place to put it.

Bren said we are in a different time and this is not 20 years ago. She said change is difficult and yet MGM Liquors is not too far away from the clinic. She said drugstores sell cigarettes and she doesn’t look at it as a detriment. She said she was raising kids while some of the taverns were in place but she looks at the breweries differently. She said they are interested in producing and selling a product.

Williamson said MGM Liquor was there first. He said there was an investment stipulated in the building. He wonders why this isn’t proposed in a manufacturing district. Brixius said the brewery would be allowed in the manufacturing but the taproom wouldn’t. He said in each case the combination doesn’t fit either zoning district. He said he thinks it can be allowed under CUP.

Brixius said he can provide what he has crafted in other communities in order to get a comprehensive understanding. Brixius said when looking at viable places for a brewery, parking demands will be a key component. He said these are not a full service bar. He’s not advocating either way. He thinks it needs to be compatible with liquor licensing and land use. Pavot said she thinks a taproom is an investment. She said a food establishment inside a brewery is cost prohibitive due to the incredible investment in the brewing equipment. Pavot said what’s important to think about is the seasonality of the Drive-In. She thinks ideally it would be great if a brewery would partner with the Drive-In and the Asian restaurant in order to promote everyone.

Brixius said he will forward more information that he has already prepared for other cities. Williamson likes the idea of not recreating anything and spending money on something that might go away. Brixius said breweries are opening everywhere and he doesn’t see an end in sight for these type of inquiries. Pavot is in favor of amending the 75% food sales because she thinks this chases potential businesses away.
e. City Attorney – nothing.
f. Public Works Superintendent – nothing.
a. March 23 – LMCD – 7:00 PM 6 PM
b. March 28 – City Council Work Session – 7:00 PM
c. April 4 – Regular City Council Meeting – 7:30 PM
d. April 6 – Police Commission – 8:00 AM
15. MISCELLANEOUS (Information Only)
a. Mound Fire Department Press Release
b. February Fire Department Report
Horton said Heart-safe training was on March 8th and she would like to encourage those interested to contact Vicki Weber or Chief Greg Pederson to get hands-on training for AED use.
16. ADJOURNMENT – Bren makes a motion and Hughes seconds to adjourn the meeting at 9:08 PM. All votes ayes, motion carries.

Wendy Lewin, City Clerk

Dan Tolsma, City Administrator