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HomeMy WebLinkAbout1994/11/21 - ADMIN - Minutes - City Council - Regular I MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 21, 1994 1 Call to Order Mayor Hanks called the meeting to order at 7.30 p.m 2 Presentations A Boy Scout Troop let the Council and audience in the Pledge of Allegiance to the flag. Members of the St. Louis Park Party in the Park Royalty were introduced and each presented with a City lapel pin and pen and pencil set. They in turn presented a picture of the royal court to the Mayor Councilmember Dorfman extended special thanks to Bonnie Blumberg for her work on the Party in the Park committee over the past years. 3 Roll Call The following Councilmembers were present at roll call: Jeff Jacobs, George Haun, Allen Friedman, Ron Latz, Gail Dorfman and Lyle Hanks. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Sheehy);Director of Community Development (Mr. Hagen); Acting Director of Public Works (Mr. Moore);Finance Director(Ms. McBride); Asst. Finance Director(Ms. Ziemer); and Asst. to the City Manager (Mr. Larson). 4 Approval of Minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the Minutes of the November 7, 1994 meeting with the following corrections: correct spelling of Barry Dunayer's last name; correct spelling of Corey Gordon's first name; and on page 210 change word"neighborhood" to "railroads." The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the November 14, 1994 study session The motion passed 5-0-1 (Councilmember Haun abstained) 214 5. Approval of Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve the consent agenda for November 21, 1994. The motion passed 6-0 • It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for November 21, 1994 The motion passed 6-0 PUBLIC HEARINGS 6a. Delinquent fees-Levy of assessment Resolution 94-170 Ruth Collins, 2950 Quebec Ave., Benita Robinson, 2808 Jersey Ave. and Melvin Logan, 2800 Louisiana Ave. were present to explain why their utility accounts have not been paid. It was moved by Councilmember Friedman, seconded by Councilmember Latz, that Ms. Collins have until the end of February 1995 to pay her utility bill Councilmember Dorfman asked if it were correct that should this item come back to Council Ms. Collins would not have to the pay the 8.5% interest for 1994. The response was yes. The motion passed 6-0. Benita Robinson did not want her arrearage added to the property taxes. She said someone from the City came to her last year stating she must paint her house and having done that, she was left financially short to take care of the utility bill. Mayor Hanks asked that the City Manager follow up on the house painting: who visited her, why it was ordered, who rendered a complaint. Ms. Robinson was seeking to work out some sort of financial arrangements with the City to clean up her arrearage. Councilmember Friedman was upset that individuals had to come before the Council and tell their stories. HF did not recall ever having anyone come before the Council in this manner during his tenure. He wanted them sent back to staff to work out a payment plan. Mr. Meyer said it was his understanding staff has always attempted to work with individuals in trying to work out a payment plan and that for this year a number of plans have been worked out with residents. It was moved by Councilmember Friedman that none be levied, that all be worked out with staff. 215 Councilmember Dorfman agreed that she would rather have staff work out payment plans, but was not in favor of dismissing all the delinquent assessment. Councilmember Friedman agreed stating he did not wish them to be dismissed; rather work with staff and if not paid off, they come back next year. Councilmember Dorfman seconded Councilmember Friedman's motion having understood he was just referring to the five individuals in staff's report. Resolution No. 94-170 entitled"Resolution levying assessment for delinquent water/sewer/refuse, tree removal/injection, grass/weed cutting and false alarms" passed 6-0 and excluded the five items under consideration. Councilmember Latz was curious as to whether any of these five have had discussion with staff and perhaps reached an impasse of sorts and did they request to have a hearing before the Council. Ms. McBride said her department has contacted everyone who has written them and the five listed in the report; however;they were not further contacted because they had either had an amount certified last year or failed to meet prior payment arrangements. Their unpaid balances were added to their 1994 property tax statement. Councilmember Latz was not comfortable extending any additional time or assistance to those people who may not have honored the payment schedule staff set up with them without certifying it on to their statements for this year. Councilmember Friedman agreed, but he would like to see better follow-up with the people who received letters, better customer service, a more friendly attitude. He really did not want to see people standing before Council baring their soul to the Council and tv. Councilmember Friedman called the question. The motion passed 4-2 (Mayor Hanks, Councilmember Jacobs opposed). The motion failed 3-3 (Councilmembers Haun, Friedman, Dorfman in favor, Councilmembers Jacobs, Latz, Mayor Hanks opposed). Mayor Hanks said he could not support the motion because two of the individuals before Council had made arrangements to pay and never did. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, not to certify Ms. Robinson's arrearage for this year and that staff contact her to attempt to work out an appropriate payment arrangement. Councilmember Jacobs seconded The motion passed 6-0 216 Melvin Logan, 2800 Louisiana Ave. So., addressed the Council. He said his wife was currently out of work and he is going to school and was simply not able to make payments. He said he would be starting a second job in two months and felt he could honor a payment schedule. Councilmember Jacobs asked if the amount certified was added to the escrow amount for one's mortgage payment when would they see the increase in their mortgage payment Mr. Logan said he assumed it would show up in mid-February It was moved by Councilmember Haun, seconded by Councilmember Friedman, to give Mr. Logan six months to clear up his arrearage and if not taken care of during 1995, it would be certified totally the following year. The motion passed 5-1 (Councilmember Jacobs opposed). There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date It was moved by Councilmember Jacobs, seconded by Councilmember Latz, that Michael Fraser and Paula Hanson arrearages be certified for 1994. The motion passed 4-2 (Councilmembers Dorfman and Friedman opposed). Councilmember Friedman said he would like to have a report from the City Manager as to how this will be handled in the future. Councilmember Latz, seconded by Councilmember Dorfman, moved for reconsideration of the motion re Mr. Logan wherein he was given six months to meet his obligation. He would propose an alternative: that the $540 that was removed from 1993 be certified onto his property taxes and the amount not paid in 1994 not be certified, giving him an opportunity to pay it off. He was concerned about the precedent being set is non-payment if allowed to go two years. The motion to reconsider failed 2-5 (Councilmembers Jacobs and Latz in favor, Councilmembers Haun, Friedman, Dorfman, Mayor Hanks opposed). 6b. Application of B & A for on-sale intoxicating liquor license The Nicklow brothers were present to answer questions. It is their hope to relocate their restaurant in Crystal to the former Polo's location. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. I 217 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve the liquor license but withheld until proof of dram shop insurance is received and the necessary permits, if any, are received from the City The motion passed 6-0 6c Conditional Use Permit. 38-unit townhome complex, 4400 Park Glen Rd Resolution 94-171 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 94-171 entitled"A resolution granting conditional use permit under Section 14:5-4.6(D)(1) of the St. Louis Park Ordinance Code relating to zoning to permit a 38-unit townhome development for property zoned R-C, High Density Multiple Family District, located at 4400 Park Glen Rd." The motion passed 6-0 PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Bet Shalom Congregation: Second reading of ordinance Ordinance 94-2009 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Ordinance 94-2009 entitled"An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Section 14:5-7.3(C)." The motion passed 6-0 8b Amendment to Comprehensive Plan to change land use from R7 Low Density to R30 High Density Resolution 94-173 Jerry Martin again spoke on behalf of the property owners at 7342 W. 14th St. He said the Planning Commission, although denying the proposed change to the Comprehensive Plan, did ask staff if there were some other mechanism to allow the property to continue its use as a 7-unit building. He said the Planning Commission could only act on the land use question which they did; consequently the issue came to the Council. He noted that through a typo in the street address, the Miller's never received relevant correspondence dealing with 7342 W 14th St. in 218 , time to respond or, indeed, at all Tonight he was asking the Council, if the zoning request is denied, to direct staff to work with the owners to bring back a workable solution for everyone. Councilmember Latz noted that the owner signed off on a document dated July 21, 1989 stating that the building contained 6 units. Mr. Martin said that was correct, that she filled it out from the City's records and the building at that time conformed with the zoning Councilmember Jacobs said it was now clearer what had happened. He was not comfortable changing the zoning to allow high density residential. He would like to see staff work with the owner or Mr. Martin to see if it can't be resolved in some way It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to adopt Resolution 94-172 entitled"A resolution of findings regarding the application of Helen Miller for an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis Park to change the land use designation from R7, Low Density Residential, to R30, High Density Residential for property located at 7342 W 14th St. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to direct staff to work with either the Millers or their representative, Mr. Martin, and to review any solutions that might be brought forth by the landowner Mayor Hanks said he didn't know what else is going to come of this. It did not make sense to him to direct staff to get in the middle of this issue. Even though the letters may have been inadverently misaddressed, if he were filling out such a form which said 6 units when it really was 7, he'd make sure it was correct. He didn't know what staff could come back to Council with other than to suggest it be grandfathered in at this point. Councilmember Jacobs did not disagree that there may not be a solution; however, if the property owner can come up with some agreeable solution, that's fine. He was not willing at this point to simply make the decision that there is no resolution. He said the Mayor may be right, but that he was not willing to make that determination tonight. The motion passed 5-1 (Mayor Hanks opposed). 8c. Audit services for 1994 Resolution 94-173 It was moved by Councilmember Dorfinan, seconded by Councilmember Jacobs, to adopt Resolution 94-173 entitled"Resolution to retain Tautges, Redpath& Co , Ltd for 1994 audit services.' The motion passed 6-0. 1 219 Councilmember Friedman asked if the Council was going to set policy as to how often to change auditors Ms. McBride said she had always dealt with such a policy Not necessarily to change auditors, but to go out for a formal request for proposal every five years Councilmember Friedman felt that was a good suggestion and that Council ought to look at it. 8d 1995 water/sewer/refuse rates Mayor Hanks noted water and refuse will remain the same. Because of increases from MWCC, the sewer rates will need to be increased Councilmember Friedman asked if there were an actual increase or an anticipated increase. Mr. Meyer said that the MWCC increase last year was passed on, in part, to the City's utility customers and part was absorbed from the sewer budget. An increase is not anticipated for 1995 from MWCC, however, the City is making up for part of what wasn't passed along in 1994 and an increase is anticipated in 1996 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve first reading, set second for December 5, 1994 and authorize summary publication. The motion passed 5-1 (Councilmember Friedman opposed). REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Extension of ENSR contract for 1995 Reilly activities Resolution 94-174 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-174 entitled"Resolution authorizing execution of Amendment No. 2 to City Contract No. 3006 with ENSR Consulting and Engineering." The motion passed 6-0. Councilmember Dorfman asked what other activities were being undertaken as part of this. Mr. Moore said the ENSR contract is primarily an overseer position which works with the City to implement mediation activities. There are sub-sets of activities such as water treatment, sampling, and so forth that involve different levels of specialized services not directly related to the larger, oversight role. These activities are delegated to the other 8 consulting firms as subparts of the overall ENSR management role Each was contracted out separately 9b Traffic Study update. Stop signs on W 35th St. at Wyoming. Yukon, Zinran Avenues 220 Eugene Seymour, 8214 W. 35th St., spoke. He felt some type of traffic management on 35th St. was imperative. Not only is there excessive speed on the street, but 35th and Wyoming is a blind intersection with some large trees blocking the view. He noted there were ordinances specifying where lilac bushes can be placed but nothing relating to a tree which is probably 10-12 feet across the base. He was suggesting a 4-way stop on that intersection. He said W 35th St. does not have any sidewalks and all the schoolchildren have to walk in the street, a problem which is compounded once the snow comes. He said before they changed the route, children could wait on the side streets. Mayor Hanks said only this problem could be handled by the School District. Also,just over the top of the hill between Zinran and Xylon there is a sign that says"Speed Limit Ahead."He thought it told people there is no speed limit until you get up over the hill. Mayor Hanks asked staff to make a note of that and follow-up Michael Robich, 8500 W. 35th St., said he felt this was a matter of driver responsibility There is too much speed for the road which has a hill on it. Al Quackenbush, 8608 W. 35th St. said he lived on the corner of Aquila and 35th St. and half the people don't stop for the stop sign there. Many of the people exiting Target and Rainbow use 35th St. because of all the stop signs on 36th. He would be in favor of a stop sign on Wyoming because of the trees. Lynette Robich, 8500 W. 35th St. said she had talked to the School District. Their suggestion was to talk to the families and the children and ask them not to sit on the Robich's retaining wall. She's continuing to pursue a change in the bus route with the School District. Councilmember Latz said he felt a 4-way stop at 35th and Wyoming was appropriate at this point. He also asked that staff take a look of the issue of speeding, what would be involved to consider a sidewalk at least on one side of the street and also look into the issue of the speed zone sign. He so moved which was seconded by Councilmember Friedman. Councilmember Jacobs asked what was the scope of the mailing done to the area on this item. Why did only one resident show up for the meeting. • Mr. Moore said property owners from Aquila to Texas Ave. on both sides were noticed. The motion passed 6-0. 9c. City Engineer's report: Reconstruction of Cedar Lake Rd. from T H. 169 to Jersey Ave. Resolutions 94-175. 94-176 Councilmember Dorfman asked if any residents involved would be responsible for paying for any rewiring involved in undergrounding. Mr Moore said this was usually just an exterior service connection change. Any homes involved will have to be inspected to determine if any change in the meter or service panel on the house is necessary 221 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution No , 94-175 entitled"Resolution accepting City Engineer's report, ordering improvement Project 90-51, Phase I, approving plans and specifications and authorizing advertisement for bids for Improvement No 90-51 and Resolution 94-176 entitled"Resolution authorizing the acquisition of certain properties by purchase or eminent domain." The motion passed 6-0 9d. Request to amend Cable TV franchise relating to subscriber survey It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to set a public hearing for Jan. 3, 1995 to consider recommendation of Cable TV Advisory Commission to amend the franchise ordinance to require an annual subscriber survey to be conducted in November of each year. The motion passed 6-0 9e. Minutes. financial report 1. Planning Commission minutes Nov 2 2. Housing Authority minutes Oct. 11 3. Human Rights Commission minutes Oct. 19 4. Board of Zoning Appeals minutes Oct. 27 5. Neighborhood Revitalization Commission minutes Oct. 26 6. October financial statement Items 9e1-9e6 ordered filed by consent. MISCELLANEOUS 10a. Boards and commissions Interviews will be scheduled for Nov. 28 and Dec. 5 for individuals seeking reappointment. NEW BUSINESS 11 a. Benilde St. Margaret's. Request to hold raffle It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the license exemption and waive the 30-day waiting period The motion passed 6-0., 11b. Intoxicating liquor license renewals 222 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to authorize issuance of 1995 liquor licenses to the establishments and that the licenses of Duggan's, Jennings Liquor Store and the Classic are renewed subject to the outcome of the license violation hearings to be held forthcoming. The motion passed 6-0 , 11 c. 3 2 beer license renewals It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the license renewals. The motion passed 6-0 11d. Proposed amendment to liquor ordinance Councilmember Dorfman asked if this were approved and Council has the authority to impose civil penalties, does that action require an opportunity for an administrative hearing. It doesn't appear one is required if a civil penalty is imposed as opposed to revocation/suspension which does require an administrative hearing. Mr. Sheehy said State law says no revocation/suspension can take place before a hearing. In answer to Councilmember Dorfman's question, he would want to research the case law. Councilmember Jacobs referenced the repealing of 8.00 p.m. Christmas Eve on-sale. Mr. Meyer said the Council can retain a greater restriction but under State Statute the City is now allowed to repeal this section. Mayor Hanks had concern about the 8:00 Christmas eve closure repealment and the provision that licensees shall be U.S. citizens be removed. He was o.k. with No. 4 and had no strong opinion on No. 3. Councilmember Jacobs questioned No. 2 and wondered about equal protection types of arguments. He could envision someone retaining legal resident alien status might want to start a liquor establishment and it was his sense with the number of legal resident aliens in the City, this is where the case might start. He would support it because of case law requirements and perhaps even constitutional arguments. Mayor Hanks asked what protection does the City have that any person would have to be a legal alien. Mr. Sheehy responded a background check would still be performed by the Police Department. Mayor Hanks asked if it could be left in the ordinance that an applicant would need to be a U.S. citizen or a legal alien. Councilmember Jacobs felt that would make sense Mr Sheehy said to the 223 extent an applicant was an illegal alien, the Council would have the discretion to deny a license. Whether it could be specified "resident and/or legal alien", he would have to research that. It was the consensus to receive further legal research on the provision that licensees shall be U.S citizens is removed It was moved by Councilmember Jacobs to leave the 8.00 p m. closing time on Christmas Eve in the ordinance and that the changes as recommended to No 3 and No. 4 be approved. The motion died for lack of a second It was moved by Councilmember Latz, seconded by Councilmember Dorfman, to make the recommended changes to 1, 3 and 4 (remove the 8 00 p m. Christmas Eve closing time; add state- registered political committees as eligible political entities for temporary licenses; approve revision of suspension/revocation statute with regard to civil penalties.) The motion passed 5-1 (Mayor Hanks opposed) MISCELLANEOUS 12a. Damage claims Richard Fink By consent, claims referred to City Clerk and City Manager. 12b. Communications from the Mayor Mayor Hanks reminded Council of the study session, 7.00 on Nov. 28. 12c. Communications from the City Manager Mr. Meyer introduced Kathleen Anderson, senior staff to Congressman Martin Sabo, with whom he has worked on several matters Mr. Meyer reminded Council of the Truth in Taxation hearing date is set for Wed.,Nov. 30 at 7:30 p.m. in the Council Chambers with an adjournment date to Dec. 14 at 7:30 p.m. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, approve the list of verified claims prepared by the Director of Finance dated November 21, 1994 in the following amounts and authorize distribution of checks: Vendor claims: $400,646 66 and payroll claims- $21,518 15 14 Adjournment 224 The meeting adjourned at 9:45 p.m. 1 hji Lyl-f . Hanks, Mayor „obi ,/ ,(Ab jTh ' ecording Secretary 225