Loading...
HomeMy WebLinkAbout1997/05/19 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA May 19, 1997 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Mayor Dorfman presented two proclamations: One honoring the Rotary Club for its contributions to this community during the past 50 years; the second honoring Wayne Packard who is one of the founding members of the St. Louis Park Rotary as well as being one of the founders of Children First and numerous other projects benefiting the City. 3. Roll call The following Councilmembers were present at roll call: Jeff Jacobs, Beverly Flanagan, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman. Also present were the City Manager(Mr. Meyer); Deputy City Manager(Ms. Kutzler); City Attorney (Mr. Scott); Director of Community Development (Mr. Harmening); Economic Development Coordinator(Mr. Anderson); Director of Inspections (Mr. Petersen); Director of Public Works (Mr. Rardin); City Engineer(Mr. Moore); City Clerk (Ms. Larsen); Police Chief(Mr. Mitchell); Planning Coordinator(Ms. Jeremiah). 4. Approval of meeting minutes of May 5. 1997 Mayor Dorfman noted page 77 paragraph 7. If we are talking about$37,500 for the Phase I of median lighting, were we not then talking about perhaps a comparable amount for Phase II? If so, potentially the dollar amount being talked about is around $70,000 or greater. With that amendment, the minutes were received as presented. 5. Approval of the agenda for May 19. 1997 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to approve the agenda. The motion passed 7-0. 80 PUBLIC HEARINGS 6a. First reading of an ordinance amending two sections of the City Charter Deputy City Manager, Joanne Kutzler told the Council that one section deals with an amendment to the preamble of the Charter; the second deals with campaign finance to bring it into compliance with State Statute. Councilmember Young wanted to have the proposed amendments voted on separately as he had some concerns on amending the contributions section which he would like to see placed on a study session agenda. There being no one wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to waive first reading and set second for June 2, 1997 on an amendment to the City Charter amending Chapter 1, Section 1.00." Councilmember Latz offered a friendly amendment, including an effective date of 90 days after passage and publication. This was acceptable to the maker and second. The motion passed 7-0. Mayor Dorfman said the Contributions section would be placed on an upcoming study session. PETITIONS,REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. School employment background check ordinance This ordinance would authorize the police department to conduct a criminal history background check on any individual being offered employment by any school Councilmember Sanger asked if this was a service if, upon request, could be made available to other businesses in the St. Louis Park area. Mr. Mitchell recalled the Council felt this particular ordinance should be limited specifically to this issue. This is in an effort to expedite the process for the School District. He did not believe the process could be opened up to just anyone because of certain data privacy and confidentiality issues. They would research that, however. He said the ordinance provides for charging of a fee, but currently it is recommended no fee be charged to the School District. This could be amended in the future by resolution. 81 Councilmember Latz asked if it was the intent for the ordinance to cover education-related employees of churches and religious organizations or all employees. Mr. Mitchell said the intent would be to investigate teachers or employees in public/private schools in an educational process. Councilmember Latz felt the ordinance language needed to be clarified in that respect; and secondly, Council may want to consider exactly how that is defined. In the California case where a murder occurred, the suspect was a janitor. Mr. Scott said the definition of"school" comes from State Statute. He felt the language could be clarified. To clarify, Mr. Mitchell said certain schools are required, by Statute, to run backround checks on prospective employees, and that is who the police want to provide it for. They do not want to, nor intend to, expand beyond that definition. He noted one of the reasons the District asked the police to do this is because the MN Bureau of Criminal Apprehension is overwhelmed by requests for background checks. He would ask that Council, as they deliberate the issue, narrow the focus so that the department does not become equally overwhelmed by requests. Councilmember Sanger said she did not recall any discussion wherein it was decided not to expand the service to other employers and she would like that put on a study session. She'd like to talk about what is the proper scope to whom the City should provide this service. Councilmember Jacobs certainly didn't want the police staff wrapped up in background checks while the liquor store up the street is being held up and secondly, he was concerned, for the City's liability. If there was a mistake made in the search, the City may be liable? Councilmember Brimeyer found he was not prepared to vote based on the questions raised. He noted if the BCA can't do it, there are private sector firms that can; secondly, he was concerned about how many checks would be requested and he felt somewhat confident that the police department would be requesting additional personnel to provide this service. It was moved by Councilmember Jacobs, seconded by Councilmember Flanagan, to waive first reading and set second reading for June 2 and asked that the issue be placed on a study session to discuss the issues raised. Also at second reading, he would like to see language addressing the potential cost as well as clarification as to whom this service will be provided to. The motion passed 7-0. 8b. Alley paving- Elmwood area in Zone I Resolution 97-62 Councilmember Flanagan asked if it was correct that GO bond proceeds would pay for half of the project. She recalled the moneys would come from the Development Fund. 82 Mr. Meyer believed she was correct. It was moved by Councilmember Flanagan, seconded by Councilmember Brimeyer, to waive reading and adopt Resolution 97-62 entitled"Resolution accepting City Engineer's report, establishing Improvement Project 97- 17 and establishing a public hearing and assessment hearing for June 16, 1997." The motion passed 7-0. 8c. Traffic study No. 524: "No Parking Anytime" along both sides of Cedar Lake Rd. From Park Place Blvd. To Quentin Ave." Resolution 97-63 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 97-63 entitled "Resolution ordering the placement of"No Parking Anytime" signs on Cedar Lake Road from Park Place Blvd. To Quentin Ave." The motion passed 7-0. 8d. Void 8e. Wolfe Park preferred alternative design Resolution 97-64 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 97-64 entitled"Resolution supporting the `Preferred Alternative' design of Wolfe Park." The motion passed 7-0. 8f. Special Service District#2 Ordinance 2093-97 Mr. Anderson noted property owners had met and worked out some issues relative to the budgeting process that would be involved with the District. They have indicated their interest in continued work on a budget. Sandy Ackerberg, 4201 Excelsior Blvd. spoke. His impression after talking with the property owners was that most are in favor of the Special Service District; however, all are concerned about the costs of maintaining the District. All were concerned about the cost of snow removal and at a new figure of a minimum $2.00/linear foot for removal, the property owners were somewhat satisfied this would make operation of the Special Services District more tolerable. They remained concerned about the whole thing getting out of hand, financially, at some point with the property owners having no recourse. ICouncilmember Young asked if there wasn't a procedure that would allow the group with a certain percentage to rescind the Special Service District. 83 Mr. Harmening said that was correct. Within 45 days of adopting the ordinance creating the District, there could be a veto of the creation of the District and also within 45 days of setting the fees, the property owners can also veto that. After the 45 days have elapsed there is no recourse to dissolve the District, and once the maximum budget and fees are established, and 45 days have elapsed, there is no recourse for veto of fees. He wanted to point out an important distinction: when the Council does establish a maximum fee related to a budget, with the exception of annual adjustments (cost of living), the fee can never go higher than what was originally established. It was moved by Councilmember Flanagan, seconded by Councilmember Jacobs, to waive second reading and adopt Ordinance No. 2093-97 entitled "An ordinance authorizing creation of Special Service District No. 2", to approve summary and authorize its publication. Councilmember Brimeyer referenced the section on Decorative Lighting, harking back to Council's action on May 5 and suggested that the issue be revisited when it comes time to approve the plans for Phase II. The motion passed 7-0. 8g. Resolution authorizing staff and the Planning Commission to update Zoning Ordinance to respond to Vision St. Louis Park, the Strategic Plan,Town Center and Livable Communities principles Resolution 97-65 Councilmember Sanger hoped the issue of revisiting the City's setback requirements that get in the way of people building two-car garages be incorporated into any discussions. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution 97-65 entitled "A resolution authorizing staff to prepare amendments to the St. Louis Park Zoning Ordinance incorporating the principles laid out in Vision St. Louis Park, the Strategic Plan for Economic Development,the Town Center Project and Livable Communities." The motion passed 7-0. 8h. Resolution setting fees for disposition or private use of public land, including street, alley and utility easement vacations. Resolution 97-66 Councilmember Flanagan asked what "temporary fee" was -- to sell tomatoes or the like. She felt$150 was quite high. She would like to see an exception-- for example Holy Family which uses City sidewalks for its Fall Festival. Mr. Harmening felt an example of that would be newspaper vending machines, bus bench, landscaping in the Iright-of-way where it is not a permanent taking of the property but does require the City to go through a process involving review by multiple departments. 84 Councilmember Sanger wondered if$150 covered all administrative costs and Mr. Harmening felt it probably was not sufficient, but there was no way to accurately determine these types of fees and it was staff s recommendation to try to strike middle ground. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt Resolution 97-66 entitled"A resolution establishing fees for administrative activities related to the disposition or private use of public land." The motion passed 6-1 (Councilmember Flanagan opposed). 8I. Second reading of ordinance allowing alcoholic beverages at the Recreation Center Ordinance 2092-97 It was moved by Councilmember Flanagan, seconded by Councilmember Young, to adopt Ordinance 2092-97 entitled"An ordinance amending Section 6-406 related to regulations governing the use of parks", to approve the summary and authorize its publication." Mayor Dorfman clarified that all alcoholic beverages are permitted, that this is not limited to beer/wine. Mr. Gears explained the process for reserving space in the facility. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Financial report: April 1997 9b. Minutes: Housing Authority April 8, 1997 9c. Minutes: Planning Commission April 16, 1997 9d. Minutes: Board of Zoning Appeals April 24, 1997 By consent, items 9a-9d were received for filing MISCELLANEOUS 10a. MnDOT agreement for construction of Cedar Lake Trail connection It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to authorize the Mayor and City Manager to execute the standard MnDOT agreement. IThe motion passed 7-0. NEW BUSINESS 85 lla. Bid tabulation: 1997 seal coat materials By consent, Council designated Koch Materials Co as the lowest responsible bidder and authorized execution of a contract for$36,519. MISCELLANEOUS None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, Council approved the vendor claims and authorized payment 14. Communications From the Mayor- Mayor Dorfman said ads had been run soliciting individuals to serve on boards/commissions and interviews will be held in the near future. She said the Seniormania held at Lenox was a great day From the City Manager- Mr. Meyer reminded the Council that it and staff members would be meeting in retreat on Friday, May 23 to discuss long-range issues for the City. 15. Adjournment The meeting adjourned at 8:40 p.m. 1 lam'--- Mayor Dorfman Cc, .---4. (jc,L.,,___v_e_______ R cording Secretary I 86