The URL can be used to link to this page

Home My WebLink About2009/11/02 - ADMIN - Minutes - City Council - Regular �ffSt. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 2, 2009 1. Call to Order Mayor Pro Tern Sanger called the meeting to order at 7.33 p.m. Councilmembers present: Mayor Pro Tern Sanger, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, and Loran Paprocki. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Human Resources Director (Ms. Gohman), City Attorney (Mr. Scott), Police Chief (Mr. Luse), Assistant Finance Director (Mr. Swanson), Community Development Director (Mr. Locke), Economic Development Coordinator (Mr Hunt), Planning/Zoning Supervisor (Ms. McMonigal), Assistant Zoning Administrator (Mr Morrison), Assistant Planner (Mr Fulton), Facilities Superintendent (Mr. Altepeter), Police Sergeant (Mr Garland), and Recording Secretary (Ms. Hughes). Others present: St. Louis Park Lion's Club (Mr. Harjes) and CSM Properties (Mr. Ferrier). 2. Presentations 2a. St. Louis Park Lions Club Community Appreciation Award Mr. Vern Harjes, on behalf of the St. Louis Park Lions Club, presented the City with the Lions Club's Community Appreciation Award. Mr. Hares stated the Lions Club is honoring the City for its ongoing support of the Lions Club's annual pancake breakfast,the Parktacular food stand and waffle breakfast, and the Fourth of July food activities. He expressed their appreciation to the City Council and Parks and Recreation staff for their efforts. Councilmember Finkelstein accepted the award on behalf of the City. 3. Approval of Minutes 3a. City Council Study Session Minutes of October 12, 2009 The minutes were approved as presented. 3b. City Council/School Board Joint Meeting Minutes of October 19, 2009 The minutes were approved as presented. Council Meeting Minutes -2- November 2, 2009 3c. City Council Minutes October 19, 2009 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. Adopt Second Reading of Ordinance No. 2378-09 adopting fees for 2010 as outlined in Appendix A of the City Code of Ordinances, approve summary, and authorize publication. 4b. Authorize the Execution of a Contract with Qwest Communications to Upgrade the 911 Emergency Communications System for an Amount not to exceed $271,574.00. 4c. Adopt Resolution No. 09-140 authorizing final payment to J. Carlson & Son's in the amount of$5,635.38 for City Hall Exterior Renovation Project No. 2008-2700, Contract No. 100-08. 4d. Adopt Resolution No. 09-141 ratifying the publication of a notice of public hearing and establishing the date for a public hearing regarding the issuance of health care facilities revenue refunding bonds under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. 4e. Approve for Filing Vendor Claims. 4f. Approve for Filing Human Rights Commission Minutes September 15, 2009. 4g. Approve for Filing Planning Commission Minutes October 7, 2009. 4h. Approve for Filing Charter Commission 2008 Annual Report. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Assessment of Delinquent Utilities, False Alarms, Mowing, Tree Removal/Injection, and Other Miscellaneous Charges Resolution No. 09-142 Mr. Swanson presented the staff report and provided a brief overview of the public process undertaken by the City pertaining to assessment of delinquent utility accounts, false alarms, mowing, tree removal/injection, and other miscellaneous charges. He explained that Council Meeting Minutes -3- November 2, 2009 accounts remaining delinquent and unpaid at close of business on November 6, 2009 will be sent to Hennepin County for inclusion with 2010 property tax bills. He stated that 1,687 letters were sent to customers; balances past due as of September 22, 2009, are considered delinquent. He indicated that the total delinquent amount as of October 27, 2009, is $589,363 on 1,220 accounts. Customers have until November 6, 2009, to pay the outstanding balance before this amount is certified to Hennepin County. He added that past due amounts do not include interest at 5.85% for thirteen months and a $30 per account administrative fee. He noted that at the point of certification with Hennepin County, these amounts become liens on the property itself. Mayor Pro Tem Sanger opened the public hearing. No speakers were present Mayor Pro Tern Sanger closed the public hearing. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to adopt Resolution No. 09-142 Levying Assessment and Reassessment for Delinquent Utility Accounts, False Alarms, Mowing, Tree Removal/Injection, and Other Miscellaneous Charges. The motion passed 6-0. 6b. On-Sale Intoxicating Liquor License with Sunday Sales — El GordoUno, Inc. Ms. Gohman presented the staff report and stated the applicant previously withdrew his first application in August 2008 based on police department concerns with the findings contained in the background investigation She indicated the City Council has reviewed this application in Study Session and asked for additional information, which is contained in the agenda materials. Mayor Pro Tern Sanger opened the public hearing. Kate Becker, attorney for Mr. Alguizar, appeared before the City Council and stated the applicant is the sole owner of the restaurant and Mr. Alguizar feels the liquor license would be a nice accompaniment to offer his customers. Baldomero Valenzo Alguizar stated he has supplied the City Council with an additional letter, dated October 22, 2009, in support of his application and which is contained in the agenda materials. Councilmember Paprocki requested further information regarding the applicant's use of two last names. Mr. Alguizar stated in Mexico it is custom to use two last names, and Valenzo is his father's last name. He indicated that all his immigration papers and his diploma state Valenzo and not Alguizar, however, both names are on his social security number. Council Meeting Minutes -4- November 2, 2009 Councilmember Basil' stated the most concerning item he read in the staff report was the applicant's falsifying information about his prior convictions. Councilmember Finkelstein noted the incident in December 2007 involving the applicant's stepson and stated it was his understanding that the applicant is on probation for two years. Mr. Alguizar stated he is on probation until June 2010. Councilmember Finkelstein requested the record reflect that Mr. Alguizar is currently on probation. Mayor Pro Tem Sanger closed the public hearing. Councilmember Omodt stated he agreed with the assessment of the Police Chief regarding the applicant's request and stated he will not be voting in favor of the request Mayor Pro Tem Sanger stated the legal standard for approving a liquor license includes a standard that the applicant is of good moral character. She stated she has previously voiced her reservations, including the fact that the applicant is on probation through June 2010. She added Mr. Alguizar's actions in 2007 seemed to indicate some disrespect for law enforcement; and when the City grants a liquor license, the City is trusting that the applicant will help the City enforce the laws, that customers do not leave the premises intoxicated, and that minors are not served. She stated one of Mr. Alguizar's convictions is for interfering with a call to 911. She indicated she cannot support the application at this time and would not want to revisit this application until Mr. Alguizar finishes his probation. Councilmember Paprocki stated he is also concerned about Mr. Alguizar's past history and it raises questions that must be dealt with. He stated it appears Mr Alguizar has made positive progress since the early 2000s, but felt that granting the liquor license would be premature. He stated he would be in favor of directing staff to wait until the applicant's probation has been completed and allowing Mr. Alguizar to re-apply for the liquor license at that time. Mr. Scott stated the City Council must decide if there is enough evidence to deny the license based on the moral character of the applicant, as outlined in MN Statutes 364.05. He added if the City Council denies the application, the motion should be to direct the City Attorney to prepare written findings for denial for consideration at the November 16, 2009, Council meeting. He indicated those findings would also address when the applicant could re-apply for the liquor license; the end of the applicant's probation period under his latest conviction could be used as a benchmark for re-applying It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to deny the application for an on-sale intoxicating liquor license with Sunday sales to El GordoUno, Inc., dba El Gordo Mexican Restaurant located at 8140 Highway 7, and directing the City Attorney to prepare written findings and decision denying the application for consideration at the November 16 Council meeting. Council Meeting Minutes -5- November 2, 2009 Mayor Pro Tem Sanger suggested a friendly amendment to the motion to state that in addition to the applicant's completion of probation, that the applicant shall have no further criminal charges or liquor-related infractions at the time of his reapplication. Councilmember Paprocki agreed to the friendly amendment to the motion. Councilmember Omodt agreed to the friendly amendment to the motion. Councilmember Finkelstein pointed out that if the City Council denies the applicant's liquor license until such time as he makes reapplication, it does not mean he will be automatically granted the liquor license in the future. The motion passed 6-0. 6c. Consolidated Public Hearing (1) 2010 Budget and Property Owner Service Charges for Special Service District No. 1. Resolution No. 09-143 (2) 2010 Budget and Property Owner Service Charges for Special Service District No. 2. Resolution No. 09-144 (3) 2010 Budget and Property Owner Service Charges for Special Service District No. 3. Resolution No. 09-145 (4) 2010 Budget and Property Owner Service Charges for Special Service District No. 4. Resolution No. 09-146 (5) 2010 Budget and Property Owner Service Charges for Special Service District No. 5. Resolution No. 09-147 (6) 2010 Budget and Property Owner Service Charges for Special Service District No. 6. Resolution No. 09-148 Mr. Altepeter presented the staff report and stated annually the City Council must set a service charge for the District. He stated Special Service District #1's 2010 budget is $126,592 and the 2010 service charge is $32,534; Special Service District #2's 2010 budget is $44,660 and the 2010 service charge is $44,660; Special Service District #3's 2010 budget is $63,000 and the 2010 service charge is $63,000; Special Service District #4's 2010 budget is $38,100 and the 2010 service charge is $0 (he noted this district was set up prior to actual construction of the streetscape improvements); Special Service District #5's 2010 budget is $26,400 and the 2010 service charge is $26,400, and Special Service District#6's 2010 budget is $24,450 and the 2010 service charge is $12,225. Council Meeting Minutes -5- November 2, 2009 Mayor Pro Tern Sanger suggested a friendly amendment to the motion to state that in addition to the applicant's completion of probation, that the applicant shall have no further criminal charges or liquor-related infractions at the time of his reapplication. Councilmember Paprocki agreed to the friendly amendment to the motion. Councilmember Omodt agreed to the friendly amendment to the motion. Councilmember Finkelstein pointed out that if the City Council denies the applicant's liquor license until such time as he makes reapplication, it does not mean he will be automatically granted the liquor license in the future. The motion passed 6-0. 6c. Consolidated Public Hearing (1) 2010 Budget and Property Owner Service Charges for Special Service District No. 1. Resolution No. 09-143 (2) 2010 Budget and Property Owner Service Charges for Special Service District No. 2. Resolution No. 09-144 (3) 2010 Budget and Property Owner Service Charges for Special Service District No. 3. Resolution No. 09-145 (4) 2010 Budget and Property Owner Service Charges for Special Service District No. 4. Resolution No. 09-146 (5) 2010 Budget and Property Owner Service Charges for Special Service District No. 5. Resolution No. 09-147 (6) 2010 Budget and Property Owner Service Charges for Special Service District No. 6. Resolution No. 09-148 Mr. Altepeter presented the staff report and stated annually the City Council must set a service charge for the District. He stated Special Service District #1's 2010 budget is $126,592 and the 2010 service charge is $32,534; Special Service District #2's 2010 budget is $44,660 and the 2010 service charge is $44,660; Special Service District #3's 2010 budget is $63,000 and the 2010 service charge is $63,000; Special Service District #4's 2010 budget is $38,100 and the 2010 service charge is $0 (he noted this district was set up prior to actual construction of the streetscape improvements); Special Service District #5's 2010 budget is $26,400 and the 2010 service charge is $26,400; and Special Service District#6's 2010 budget is $24,450 and the 2010 service charge is $12,225. Council Meeting Minutes -7- November 2, 2009 8. Resolutions, Ordinances, Motions and Discussion Items 8a. El Gordo's Restaurant — Conditional Use Permit to operate a restaurant with Intoxicating Liquor. Resolution No. 09-149 Mr. Morrison presented the staff report. He stated the Planning Commission has reviewed the applicant's request and is recommending approval, subject to the conditions noted. He added if the Conditional Use Permit is approved, the owner cannot sell liquor until his liquor license is approved. Councilmember Basill asked if there is any time restriction for re-applying for the Conditional Use Permit if it expires in one year; in other words, if the CUP is approved, but the liquor license is not, the applicant has one year to get a liquor license. Mr. Harmening stated the applicant could make reapplication one year and one day from now if the CUP expired. He stated the CUP is valid for one year and if, for whatever reason, the applicant does not act on the CUP, he does not have to wait another year. Councilmember Basill asked if it is true that there is no relevance or correlation with the CUP and any legality with the liquor license, and that they are independent. Mr. Scott stated this is correct It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to adopt Resolution No. 09-149 Granting Conditional Use Permit under Section 36-194(d)(4) of the St. Louis Park Ordinance Code Relating to Zoning to Permit a Restaurant with Intoxicating Liquor for Property Zoned C-2 General Commercial and Located at 8140 State Highway#7. The motion passed 6-0. 8b. CSM/BPG Properties — Hotel Proposal Resolutions No. 09-150 and 09-151 Mr. Fulton presented the staff report He explained the applicants are proposing to build a seven-story hotel within the Metropoint office complex adjacent to the 600 Tower. He stated the Planning Commission has reviewed the property twice and is recommending approval of the Preliminary Plat and PUD. He presented an overview of the site design and noted that an easement variance and sidewalk variance from the subdivision ordinance are requested. He indicated that staff is supportive of the variances and noted that easements are not required for any new utilities, public or private. The sidewalk variance is requested due to technical difficulties in constructing a sidewalk which staff found had special conditions affecting the property and the owner's ability to construct a sidewalk. He discussed the Special Permit governing the site and stated if the Preliminary Plat and PUD are approved, the applicant would withdraw from the Special Permit area and create its own PUD at the Council Meeting Minutes -8- November 2, 2009 time of the final PUD and Plat approval. Staff feels the PUD better suits this area for future redevelopment and other changes to the office complex. He reviewed the landscaping and tree replacement and noted the applicant has requested an alternative provision of the landscape ordinance by providing urban features including native plantings, benches and pedestrian walkways. Mr. John Ferrier, CSM Properties, introduced the development team and expressed his thanks to City staff for their assistance on the project. He stated their timeline for construction is based on market conditions. Mayor Pro Tem Sanger stated there does not appear to be any parking provided for bicycles. Mr. Fulton stated_the applicant has included sixteen parking spaces to meet the requirements for the hotel; the chart on page 3 of the staff report is incorrect. He stated that the remainder of the bicycle parking is provided as "proof of parking," as there is not a need for it at this time. It was moved by Councilmember Carver, seconded by Councilmember Omodt, to Adopt Resolution No. 90-150 Giving Approval for Preliminary Plat ofMetroPoint with Variances from Subdivision Ordinance for Sidewalk and Easement. The motion passed 6-0. It was moved by Councilmember Carver, seconded by Councilmember Omodr, to Adopt Resolution No. 09-151 Approving a Preliminary Planned Unit Development(PUD) under Section 36-367 of the St. Louis Park Ordinance Code relating to Zoning for Properly Zoned 0-Office located at 600 Highway 169. The motion passed 6-0. 9. Communications Mayor Pro Tern Sanger encouraged residents to vote tomorrow. She stated residents will be voting for three seats on the School Board and four seats on the City Council. 10. Adjournment The meeting adjourned at 8:34 p.m. Nancy Stroth, City Clerk S san Sanger, Mayor Pro Tern