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HomeMy WebLinkAbout2013/11/18 - ADMIN - Minutes - City Council - Regular Ifl St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA NOVEMBER 18, 2013 1. Call to Order Mr. Harmening advised that Mayor Jacobs and Mayor Pro Tern Sanger are both out of town and Council is required to appoint an Acting Mayor Pro Tern to run the meeting. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to nominate Julia Ross as Acting Mayor Pro Tem. The motion passed 5-0 (Mayor Jacobs and Councilmember Sanger absent). Acting Mayor Pro Tern Ross called the meeting to order at 7:31 p.m. Councilmembers present: Acting Mayor Pro Tem Julia Ross, Steve Hallfin, Anne Mavity, Sue Santa, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs and Councilmember Susan Sanger. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Director of Inspections (Mr. Hoffnan), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations -None 3. Approval of Minutes 3a. City Council Meeting Minutes November 4, 2013 The minutes were approved as presented. Councilmember Spano requested to make a statement to the public regarding the lighting on the trail (page 3) and his concern about lighting and emergency phones for purposes of safety, and at the time, staff indicated there were no plans for any lighting features. He stated that he has since been informed that the City is working with MCWD on a lighting plan for the trail to increase safety in that area. 3b. Special City Council Meeting Minutes November 12, 2013 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. City Council Meeting -2- November 18, 2013 4a. Approve Second Reading and Adopt Ordinance No. 2451-13 Repealing Section 16- 33 of the St. Louis Park Code of Ordinances Relating to Criminal History Background Investigations. 4b. Authorize execution of a contract with Northeast Tree, Inc., as the 2014-2016 Boulevard Tree Pruning contractor in an amount not to exceed $60,000 per year. 4c. Approve for filing Vendor Claims. 4d. Approve for filing Housing Authority Meeting Minutes September 11, 2013. The Agenda and items listed on the Consent Calendar were approved. 5. Boards and Commissions-None 6. Public Hearings 6a. Public Hearing—2014 Liquor License Fees. Resolution No. 13-171. Ms. Stroth presented the staff report and explained that City Ordinance permits Council to set liquor fees by resolution in amounts no greater than set forth in the State statute. She stated where there is no state restriction, a city can set the liquor fee at an amount that reflects the cost of issuing the license and other costs related to enforcement. She indicated the proposed 2014 liquor license fees reflect the cost of administration, public safety enforcement, are comparable to the midrange of other similar sized cities, and reflect no increases for 2014. Acting Mayor Pro Tern Ross opened the public hearing. No speakers were present. Acting Mayor Pro Tern Ross closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 13-171 Adopting 2014 Liquor License Fees for the License Term March 1, 2014-March 1, 2015. The motion passed 5-0 (Mayor Jacobs and Councilmember Sanger absent). 6b. Public Hearing—Byerly's, Inc., Liquor License Ms. Stroth presented the staff report and stated that Byerly's has requested an on-sale intoxicating and Sunday sale liquor license with the main emphasis to offer on-site wine and beer during cooking classes and to expand their catering to include alcohol. She advised the premises area is 3,280 square feet with seating for 61 and 23 seats in the cooking school and noted that staff and representatives from the Alcohol Enforcement Division met and agree that the use of planters is allowable to define the premises area. She pointed out the liquor,license will cover the remainder of the term through March 1, 2014. Acting Mayor Pro Tem Ross opened the public hearing. Mr. Ross Huseby, Byerly's General Manager, appeared before the City Council and stated that when Byerly's closed its restaurant in April, they lost the liquor license and are here this evening to request another liquor license that they can use for the catering City Council Meeting -3- November 18, 2013 business and to serve in their restaurant. He stated that Byerly's provides alcohol compliance training to its employees and this training is no different than the training provided at their liquor stores. Acting Mayor Pro Tem Ross indicated that Council approved a new type of liquor license for culinary cooking classes and asked if the Byerly's cooking school, catenng operations, and café are covered under one license. Ms. Stroth replied in the affirmative that the on sale intoxicating liquor license will cover the café and cooking school as well as liquor service allowed during catering operations. Acting Mayor Pro Tem Ross asked if the catering operations would be impacted if an underage drinking violation occurred in the Byerly's serving area. Mr. Harmening explained that if Byerly's did not pass a compliance check they would be treated like all other liquor establishments that do not pass a compliance check, i.e., a fine would be imposed for the first offense while still retaining their license, adding that continued violations could result in revocation of the liquor license. Acting Mayor Pro Tem Ross closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve On-Sale Intoxicating and Sunday Sale Liquor License for Byerly's, Inc., dba Byerly's, located at 3777 Park Center Blvd.,for the license term through March 1, 2014. The motion passed 5-0 (Mayor Jacobs and Councilmember Sanger absent). 6c. Public Hearing—M.G.M. of St. Louis Park, LLC, Liquor License Ms. Stroth presented the staff report and advised that M.G.M. of St. Louis Park, LLC, has made application for an off-sale intoxicating liquor license at 8100 Highway 7 in the Knollwood Mall consisting of approximately 8,890 square feet. She stated it is possible that M.G.M. of St. Louis Park, LLC,may not open until March of next year, however, the State Alcohol Division recommended that the liquor license be approved to cover the current liquor license term through March 1, 2014. Acting Mayor Pro Tem Ross opened the public hearing. Mr. Terrance Maglich, Vice President, M.G.M. of St. Louis Park, LLC, approached the City Council and introduced Mr. Michael Maglich, co-owner of M.G.M. of St. Louis Park, LLC, and requested Council's support in issuing the requested liquor license. Councilmember Hallfin asked if M.G.M. of St. Louis Park, LLC, has other stores. Mr. Maglich replied they have only one store in St. Louis Park and this is a new corporation. He stated they have been working with Rouse Properties and have reached agreement on retrofitting the Party City space and adding a new fascia on the building. Mr. Larry Jones, 8216 30 Y2 Street, appeared before the City Council and asked if the City has a requirement for a one-mile separation between off-sale liquor establishments. City Council Meeting -4- November,18, 2013 Mr. Harmening replied that the City does not have this requirement. Mr. Jones requested that the City Council consider an ordinance with a one-mile separation but allowing liquor establishments already in existence to be grandfathered in. Acting Mayor Pro Tem Ross stated a possible ordinance could be discussed at a study session. Councilmember Mavity asked if the one-mile separation ordinance is present in other communities. Mr. Scott stated he has seen this type of ordinance in other communities and it is something the City Council could consider if it wishes. Councilmember Hallfin stated that Council has talked about the number of off-sale liquor establishments in the City and requested that Council have a study session discussion about this issue. He indicated there is an established liquor store across the street and if MGM moves in, it is going to hurt the established liquor store adding that the MGM store will be closer to Cub and business will shift from the established store to the new store. Acting Mayor Pro Tem Ross closed the public hearing. It was moved by Councilmember Santa, seconded by Councilmember Spano, to approve off-sale intoxicating liquor license for M G.M. of St. Louis Park, LLC, dba MGM Wine and Spirits, located at 8100 Highway 7, Unit#348 (Knollwood Mall),for the license term through March 1, 2014. The motion failed 3-2 (Acting Mayor Pro Tem Ross and Councilmember Hahn opposed; Mayor Jacobs and Councilmember Sanger absent). Mr. Harmening stated that the motion required four affirmative votes, thus, the application for the off-sale liquor license was not approved. Mr. Maglich stated they have never been denied a liquor license in 35 years of business and this was a serious reflection on their company that enjoys a stellar reputation. He stated they probably would have pulled their application if City staff had given them any indication that their application would be turned down and he respectfully requested that the City Council reconsider its action. Acting Mayor Pro Tem Ross requested guidance from the City Attorney about the process for reconsidering. Mr. Scott advised there could be a motion to reconsider by anyone who voted against the motion, i.e., Acting Mayor Pro Tern Ross or Councilmember Hallfin, and at that time, the matter is back on the table and the City Council votes on whether to reconsider the liquor license application. He added it does not appear that the City Council has any basis for denying the liquor license application. Councilmember Mavity felt that Council should reconsider, adding she did not think this was a fair way to conduct business and apologized to Mr. Maglich. She also felt there were legitimate issues to consider and wanted to make sure Council considers this matter City Council Meeting -5- November 18, 2013 thoughtfully and thoroughly so that businesses are encouraged to come to St. Louis Park because they know they will be treated fairly. Mr. Maglich stated if someone had indicated there was a strong possibility that the license would be denied, they would not have gone forward with their application. He added this denial has a serious implication on damaging their company and reputation. Acting Mayor Pro Tern Ross stated it was not her intention to damage Mr. Maglich or his company, adding she understood their position and would reopen the matter for reconsideration. She stated it was her belief there are a lot of liquor stores in close proximity of each other in the City, adding she did not know MGM was planning to come to St. Louis Park and could not have given them any forewarning about the vote tonight. Mr. Scott advised that one option is for Acting Mayor Pro Tern Ross or Councilmember Hallfin to make a motion to reconsider for the purpose of allowing Mr. Maglich to withdraw their application, which means their application would not have been denied by Council. He stated another option is to bring a motion for reconsideration of this item at the next City Council meeting at which time there would be another vote on the liquor license application. Councilmember Hallfin stated he was fine letting the motion stand the way it is now. Acting Mayor Pro Tern Ross stated she wanted to be fair to Mr. Maglich and would make a motion to reconsider and bring the matter back before the City Council. It was moved by Acting Mayor Pro Tern Ross, seconded by Councilmember Santa, to reconsider the liquor license application for M G.M. of St. Louis Park, LLC, dba MGM Wine and Spirits, located at 8100 Highway 7, for the license term through March 1, 2014. The motion passed 4-1 (Councilmember Hallfin opposed; Mayor Jacobs and Councilmember Sanger absent). Mr. Scott advised that it is now up to Mr. Maglich whether to withdraw their application. He added Council could also table the matter if there are four votes. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to table the consideration of the off-sale intoxicating liquor license for M G.M. of St Louis Park, LLC, until the City Council's next regular meeting of December 2, 2013 The motion passed 4-1 (Councilmember Hallfin opposed; Mayor Jacobs and Councilmember Sanger absent). 6d. Public Hearing—Currency Exchange License Renewal—Excel Pawn Ms. Stroth presented the staff report and explained that licenses for currency exchange are handled by the Department of Commerce and are renewed each year through the State of Minnesota. She indicated the State conducts the criminal background investigations and the St. Louis Park Police Department has reviewed the findings and found nothing that warrants withholding the license renewal. City Council Meeting -6- November 18, 2013 Acting Mayor Pro Tem Ross opened the public hearing. Mr. Scott Lansing appeared before the City Council to speak in opposition to the license. He stated Excel has had a license for approximately 17 years and falsified their application either by not listing the real owners or misstating the criminal record of the owner(s). He presented the City Council with a written statement of facts along with copies of the Federal conviction and arrest reports. Mr. Doolittle approached the City Council and stated that some of the things that Mr. Lansing said are true. He stated he went to prison when he was 19 years old for conspiracy to distribute cocaine. He acknowledged he has had problems with drugs and alcohol but has been clean for nine years. Councilmember Mavity asked if these kinds of alleged criminal activities are activities that the City searches for when it conducts cnminal background investigations. She also asked if these kinds of activities are relevant to the application being considered by Council this evening. Mr. Scott stated these alleged criminal activities would be relevant. He pointed out that the City Council is not considering an application for the pawn shop license, which is issued administratively, rather, this is a currency exchange license issued by the State that comes before the City as the governing body for action within 60 days. He stated if the City does not act on the license within the 60 day time period, it is presumed that the City is okay with it and the State will issue the license. He advised that Council could consider the criminal background findings in determining whether it wants to pass on its approval to the State. Councilmember Mavity asked if the background checks performed by the City include multiple jurisdictions. Ms. Stroth replied the Police Department would be in a better position to answer this and added the Police Department reviewed the background check done by the State and checked the records for any other reasons why the applicant should not have a license. Councilmember Mavity stated that senous allegations have been raised, and she has no basis on which to know whether these allegations have any validity. She stated it was unclear to her whether the City's background checks have been thorough enough and did not feel that Council had enough information at this time to make a decision on the license renewal. It was moved by Councilmember Santa, seconded by Councilmember Mavity, to table action on the issuance of a Currency Exchange License Renewal to Excel Pawn & Jewelry by the State of Minnesota for their business located at 8008 Minnetonka Boulevard in St. Louis Park to a future City Council meeting. The motion passed 5-0 (Mayor Jacobs and Councilmember Sanger absent). Mr. Jones approached the City Council again and stated that Excel Pawn displays a café sign along the boulevard and asked if the City's sign ordinance prohibits these signs and if so, whether this was grounds for holding up the application or denying the application. City Council Meeting -7- November 18, 2013 Mr. Harmening stated that signs are generally not permitted on the right of way and would be a violation of the City's Ordinance. Mr. Scott stated that any violation of the sign ordinance would probably not be grounds for denying the license renewal. Councilmember Hallfin informed Mr. Jones that sign issues are enforced upon complaint and if a complaint was made to City Hall, someone would be sent out to address the issue. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items—None 9. Communications Councilmember Spano reminded residents that November is prostate cancer awareness month or"Movember" and encouraged residents to contribute to the charity. 10. Adjournment The meeting adjourned at 8:27 p.m. ---- -- Nancy Stroth ity Clerk Julia Ross, Acting Mayo ro Tern