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HomeMy WebLinkAbout2010/10/04 - ADMIN - Minutes - City Council - Regular 1/f St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 4, 2010 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Inspections Director (Mr. Hoffman), Inspection Services Manager (Ms. Boettcher), Police Chief (Mr. Luse), Police Lieutenant (Ms. Dreier), Environmental Coordinator (Mr. Vaughan), and Recording Secretary (Ms. Hughes). 1 a. Pledge of Allegiance 1 b. Roll Call 2. Presentations 2a. Daniel Kubes Retirement Recognition Resolution Mayor Jacobs recited a plaque recognizing the contributions of and expressing appreciation to Daniel Kubes for his 27 years of police service. He extended the City Council's thanks to Mr. Kubes. Chief Luse expressed the Police Department's thanks and appreciation to Mr. Kubes and congratulated him on his retirement after 27 years of service. He stated that Mr. Kubes performed a difficult job with kindness and compassion and brought value to the community. Mr. Kubes thanked the City Council and staff and stated that he always felt the Police Department had the support of the City Council. 2b. 2010 Evergreen Awards Mr. Vaughan stated that the Evergreen Award is presented each year to recognize properties that are uniquely designed and landscaped. He indicated that each award winner will have a sign placed on their property indicating that they have won an Evergreen Award. Mayor Jacobs and Mr. Vaughan presented the 2010 Evergreen Awards to Julie Sweitzer and Steve Kahlenbeck, 8925 West 31St Street, Catherine and Jon Gjerde, 3248 Alabama Avenue South, Rex and Linda McKee, 3251 Louisiana Avenue South, and Dr. David Hertelendy, 4221 Minnetonka Boulevard. 3. Approval of Minutes City Council Meeting -2- October 4, 2010 3a. Study Session Meeting Minutes of September 13, 2010 Councilmember Santa requested that the second full paragraph on page 3 be revised to state "Councilmember Santa requested that Council receive an-update historical information on its work with respect to storm water, trails and sidewalks, the flood proofing program, Reilly Tar, and the City's efforts regarding forestry and Emerald Ash Borer." Councilmember Mavity requested that the seventh paragraph on page 2 be revised to state "Councilmember Mavity stated she would like to see more focus on walk/bike initiatives. She indicated she would also like to find ways to allow more citizen input into the overall process. She indicated that there needs to be a venue or some way for residents to provide input, share information with other residents, and ask discuss questions on environmental issues. ' : • • • --•• • • •• • • .-• -- : - - -- - - -. She stated that creating a way for residents to share ideas in an interactive fashion will help promote and realize the City's goal of environmental sustainability and stewardship." The minutes were approved as amended. 3b. Special City Council Meeting Minutes of September 13, 2010 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 Resolution No. 10-101 appointing student election judges and additional regular election judges needed to staff the polls at the General Election to be held November 2, 2010. 4b. Adopt the following Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager: • Resolution No. 10-102 imposing civil penalty for liquor license violation on August 24, 2010 at Taste of India, 5617 Wayzata Blvd. • Resolution No. 10-103 imposing civil penalty for liquor license violation on August 24, 2010 at TGI Friday's, 5875 Wayzata Blvd. • Resolution No. 10-104 imposing civil penalty for liquor license violation on August 24, 2010 at Crave, 1603 West End Blvd. • Resolution No. 10-105 imposing civil penalty for liquor license violation on August 26, 2010 at Trader Joe's, 4500 Excelsior Blvd. • Resolution No. 10-106 imposing civil penalty for liquor license violation on August 27, 2010 at Vescio's Cucina, 4001 State Highway 7. City Council Meeting -3- October 4, 2010 4c. Adopt Second Reading of Ordinance No. 2390-10 adopting fees for 2011 as outlined in Appendix A of the City Code of Ordinances, approve summary, and authorize publication. 4d. Adopt Resolution No. 10-107 to recognize Police Sergeant Dan Kubes' retirement after 27 years of service to the City of St. Louis Park. 4e. Approval of Filing of Vendor Claims. It was moved by Councilmember Finkelstein, seconded by Councilmember Santa, 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 7-0. 5. Boards and Commissions 5a. Appointment of Citizen Representative to Boards and Commissions It was moved by Councilmember Santa, seconded by Councilmember Ross, to appoint citizen representative Gregg Lindberg as a commissioner to the Community Education Advisory Council(CEAC) to fill the position vacated by Bob Malooly who has resigned. The motion passed 7-0. Mayor Jacobs expressed the City Council's thanks to Mr. Malooly for his service on the CEAC. 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amending Section 8-33 Fees and the Section 8-333 Provisional License Mr. Hoffman presented the staff report and stated that the amendments are intended to refine and improve the City's licensing program. He advised that it is proposed to change the current fee structure to pro rate all business license fees on a semi-annual basis such that any new business that opens between July 1 and December 31 would pay a fee equal to one- half the annual fee and any business opening within the last 30 days of December would be issued a license for the following year. He explained that the intent of the provisional license is to assist property owners if problems arise and provides a more phased approach for the City to utilize if problems are not being resolved. He discussed the City's Crime Free Ordinance and how a provisional license is triggered based on one or more conditions, including the average number of police contacts per dwelling unit in the preceding twelve City Council Meeting -4- October 4, 2010 month period. He stated that City staff will then work with a property owner to establish a mitigation plan to bring the property into compliance; the provisional license fee is twice the total annual license fee to cover increased staff time. Lisa Peilen, 2816 Glenhurst, appeared before the City Council on behalf of the Minnesota Multi-Housing Association. She expressed her thanks to City staff and in particular to Mr. Hoffman and Ms. Boettcher for their outreach to the Association. She stated that the Association has some concern regarding how police contact is counted under the proposed Ordinance, specifically that police contact shall be counted if it involves an incident that occurs anywhere on the licensed premises regardless of who is involved, or near the licensed premises if the contact involves tenants or guests of the licensed premises. She explained that the Association's concern stems from the fact that a property owner has no control over a guest who leaves the building and that guest is then involved in an altercation in the next block and there is no recourse for the property owner based on that police contact. She indicated that it is her understanding that the City's intent is to deal with issues that may have started at a particular property but that may have spilled over off premise. She asked that the City consider amending the language to connect the guest's actions between the first and second incidents and/or to tighten up the definition of the word "guest." Dan Goldman, 8800, 8812, and 8824 West 36th Street, appeared before the City Council and reiterated the concerns expressed by Ms. Peilen. Jim Yarosh, representing Fine Properties of Minnesota, LLP, appeared before the City Council and stated that Mr. Fine has expressed opposition to the proposed amendments. He stated that Mr. Fine disagrees with the City holding him responsible as a landlord for third parties whom he has no have direct contact with; Mr. Fine had this same concern when the Crime Free Ordinance was adopted. He indicated that Mr. Fine does not understand the City's rationale for using a tiered system for facilities of different sizes and Mr. Fine has requested a meeting with staff to discuss this issue, as well as how the City is defining police contact. He stated that Sec. 8-333(a)(4) deals with failure to maintain compliance with property maintenance and other City Code requirements, and questioned the need for this provision since City Code already contains remedies for dealing with property maintenance violations; he suggested that Sec. 8-333(a)(4) be removed. He stated that there is a typographical error in the first line of Sec. 8-333(b). He stated that Sec. 8-333(d) is vague and requested that this provision be clarified, particularly with respect to the statement regarding ongoing public safety concerns. He requested that Sec. 8-333(0 be clarified regarding use of the terms "consistent failure." He added that the City already has remedies available to it, both criminal misdemeanor and citation, regarding property maintenance. He stated that Sec. 8-333(g)(1) is similar to language contained in the Crime Free Ordinance but requested that this provision be modified to mirror the language contained in the Crime Free Ordinance. He also asked about the necessity for providing a Certificate of Insurance contained in Sec. 8-333(g)(3). Councilmember Mavity requested that staff continue to evaluate the provisions of the ordinance, particularly those areas that appear to be more subjective, and to make certain City Council Meeting -5- October 4, 2010 that the ordinance provisions regarding the number of police contacts per dwelling unit is as quantifiable and measurable as possible. It was the consensus of the City Council to direct staff to continue to address the concerns raised this evening and to report back to the City Council at the time of the second reading. It was moved by Councilmember Ross, seconded by Councilmember Sanger, to adopt First Reading of an Ordinance Amending Chapter 8 of the St. Louis Park Code of Ordinances to Provide for a Provisional Rental Housing License. The motion passed 7-0. 8b. First Reading— Gambling Ordinance Amendments Ms. Stroth presented the staff report and stated this is a continuation of the first reading. She explained that the first motion is for consideration of the local gambling tax increase amendment and the second motion is for consideration of a 10% Contribution Fund requirement. She stated that if the first reading is approved, the Council can take action to include two exemptions to the proposed ordinance to allow an exemption to the 10% Contribution Fund requirement for those organizations who expend 100% of their lawful purpose expenditures within the City; and for those organizations located on a premises owned and operated by a nonprofit corporation. Mitch Speicher, St. Louis Park Hockey Boosters gambling manager, expressed concern regarding the increase in the local gambling tax. He stated that the increase represents an approximate $5,000 increase in their organization's local tax. He requested information regarding the City's rationale for increasing the local gambling tax. Mr. Harmening stated that the City reviewed how much time is spent on average by City staff in overseeing and managing the gambling activities in the City and determined that the City spends in excess of$10,000 per year; in the past the City has collected less than $1,000 per year to manage these activities. Mr. Speicher asked if the City would consider charging a flat fee for administering gambling activities. Mr. Scott stated that he was not sure if the statute allows a City to charge a flat fee to cover administrative costs and agreed to research this question prior to the second reading. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve First Reading of Ordinance amending Chapter 15, Section 15-9 of the St. Louis Park Code of Ordinances concerning charitable gambling regulations increasing the local gambling tax to 1.25%, and to set second reading for October 18, 2010. The motion passed 6-1 (Councilmember Omodt opposed). City Council Meeting -6- October 4, 2010 It was moved by Coundlmember Mavity, seconded by Councilmember Sanger, to approve First Reading of Ordinance amending Chapter 15, Section 15-8 of the St. Louis Park Code of Ordinances concerning gambling distribution of proceeds requiring organizations to contribute to a 10%contribution fund, and to set second reading for October 18, 2010. The motion passed 6-1 (Councilmember Omodt opposed). It was moved by Councilmember Finkelstein, seconded by Coundlmember Santa, to approve an exemption to Section 15-8 of the St. Louis Park Code of Ordinances concerning gambling distribution of proceeds relating to the required contribution to the 10% Contribution Fund for organizations that expend 100% of their lawful purpose expenditures within the City of St. Louis Park. The motion passed 7-0. It was moved by Coundlmember Finkelstein, seconded by Councilmember Omodt, to approve an exemption to Section 15-8 of the St. Louis Park Code of Ordinances concerning gambling distribution of proceeds relating to the required contribution to the 10% Contribution Fund where lawful gambling activity occurs on premises owned and operated by a nonprofit corporation. Councilmember Sanger stated that she was not in favor of this exemption and added that the legal status of an operator has no relevance to the question of where proceeds are spent. She indicated that it is important to remember that while gambling proceeds may provide benefit to the community, gambling also causes some difficulties for people who gamble too often, resulting in a burden to the community. Councilmember Finkelstein stated that he appreciated Councilmember Sanger's concerns, but indicated that entities such as the American Legion provide a valued service to veterans and it is important for the City to support institutions such as the American Legion. Councilmember Mavity stated that the intent of the ordinance amendment has always been to have benefits and money accrue to the residents and nonprofits in the City. The motion passed 6-1 (Coundlmember Sanger opposed). 9. Communications - None 10. Adjournment The meeting adjourned at 8:41 p.m. Nancy Stroth, city Clerk Jeff j`a • •s, yor