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HomeMy WebLinkAbout1999/11/15 - ADMIN - Minutes - City Council - Regular (2) CITY OF OFFICIAL MINUTES CITY COUNCIL MEETING ffierp,ATR.KLOULS ST. LOUIS PARK, INNESOTA November 15, 1999 1. Call to Order Mayor Jacobs called the meeting to order at 7 30 p m 2. Presentations - None 3. Roll Call The following Councilmembers were present at roll call Jim Brimeyer, Ron Latz, Chris Nelson, Sue Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs Also present were the City Manager(Mr Meyer), City Attorney (Mr Scott), Community Development Director (Mr Harmening), Economic Development Coordinator(Mr Kleve), Director of Parks and Recreation (Ms Walsh), Police Chief(Mr Luse),Director of Finance (Ms McGann), Planning Associate (Ms Peterson), City Clerk (Ms Larsen), and Recording Secretary (Ms Olson) 4. Approval of Minutes 4a. City Council Meeting of November 1, 1999 The minutes were approved as presented 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the consent agenda The motion passed 7-0 b. Agenda It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the agenda The motion passed 7-0 c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances 6. Public Hearings 6a. Amendment to an Ordinance regarding the presence and conduct of pets in City parks Council Meeting Minutes -2- November 15, 1999 Cynthia Walsh, Director of Parks and Recreation presented a staff report She indicated that City staff had received about a dozen calls relating to the proposed ordinance While a few of the residents were dog owners in favor of the expanded park areas where dogs would be allowed, the majority of the calls were not in favor of an ordinance change Their opposition was related to enforcement The people opposed to the proposed change did not believe the ordinance is being enforced now, therefore, they do not believe the new ordinance will be enforced Terry Jacobson, 3340 Rhode Island Avenue South, stated that she lives close to Oak Hill Park and has witnessed several irresponsible pet owners She was concerned about the ordinance being passed without the means to enforce it and that the City parks could become pet toilets, exercise areas, and playgrounds She didn't believe that the City was going to be fined or loose credibility for not passing the amendment Mayor Jacobs closed the public hearing subject to the right of the Council to reopen it at a future date Councilmember Nelson asked if the Police Chief could address the ability of the police department to enforce the amended ordinance John Luse, Police Chief, stated that he hoped that the City would allow some period of time for the community to become acclimated to the change in policy and the initial steps would be to control and monitor the parks and inform people of the change He indicated it was certainly within the department's capability to monitor and enforce behavior based on complaints and patrol patterns He noted that out of 1000 animals complaints that were received to date that less than 5% of them were about animals in parks Councilmember Brimeyer believed that the bad behavior of pet owners was the problem and recommended that a zero tolerance policy carried out Mr Luse indicated that a zero tolerance policy was possible, but the general objective has always been to move toward voluntary compliance verses enforcement as a first step Councilmember Brimeyer asked staff to clarify the proposed language that will be put on park signs Ms Walsh indicated that the signs will be changed to specifically tell people where pets are and are not allowed in area parks Councilmember Sanger believed that the irresponsible pet owners were a problem and she hoped that the need for greater enforcement will not be there, but to the extent that it needs to be done is fine She encouraged residents who see a irresponsible pet owner to approach and inform them that they need to be more responsible as a pet owner or its ruining it for everyone else She indicated that another reason for passing the ordinance was that the City should not be denying pet owners from using the park just because there are a few bad apples Councilmember Sanger recommended a proposed amendment to Section 6-406 (L) Exceptions(1) Delete "on trails and in parking lots at all parks" and add another exception (e) "Pets are not permitted in areas of parks utilized for playgrounds, athletic facilities or in park buildings" Council Meeting Minutes -3- November 15, 1999 Councilmember Santa asked if picnic areas were included Mr Meyer, City Manager noted that he had a concern about how well defined picnic areas were He believed it was clear that park buildings and playgrounds could be defined, but picnic areas tend not to have defined borders to them and it may become a problem Councilmember Latz believed that pet owners should be allowed to go to the picnic tables that are out in the grassy areas, but would not want to see pets in the picnic shelter areas Councilmember Nelson would like to expand the areas where pets were prohibited to include areas that were environmentally sensitive to pets, i e Browndale walking path Mayor Jacobs would like to allow staff the ability to post an area indicating that dogs ere no longer allowed rather than come up with a list of areas that are environmentally sensitive and pets should be prohibited Mr Meyer stated that staff could incorporate some language into the ordinance for second reading that would give the authonty to the Parks and Recreation Director to post certain areas for no dogs Councilmember Young was in favor of the ordinance He indicated that part of the vision for St Louis Park was to build community connections and believed allowing dogs in parks would encourage this to happen Councilmember Latz indicated violation of the ordinance would be a petty misdemeanors and they were not considered actual crimes He asked staff to comment on the existing conditions of the parks where dogs are allowed and did it appear that people were cleaning up after their pets and using leashes Ms Walsh stated that 95% of the pet owners were responsible Councilmember Latz was comfortable with a zero tolerance policy since new residents receive a St Louis Park fact book with City ordinances outlined Celia Anderson, 4246 Vernon Avenue South, was concerned that there was nothing in the ordinance that stated what the penalty would be for violation of the ordinance Mr Scott, City Attorney, indicated that there was a general provision in the City ordinance that sets the violations for all types of City ordinances He didn't have the code with him and would look into the type of penalty for this ordinance before the second reading Mayor Jacobs believed that the ordinance should be expanded with Councilmember Sanger's suggestions and encouraged pet owners to be responsible for their pets He agreed with the Police I/ Chief's approach about not being too heavy handed about enforcement nght up front, but rather educating the community by issuing warnings first and noted the need for additional signage Councilmember Nelson reiterated that the change was that now all the parks in St Louis Park would allow dogs, but they must be on a leash to ensure public safety Council Meeting Minutes -4- November 15, 1999 It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve first reading of the amended ordinance that allows pets in all parks with the following amendment Section 6-406 (L) Exceptions(1) Delete"on trails and in parking lots at all parks" and add exception (e) "Pets are not permitted in areas of parks utilized for playgrounds, athletic facilities, park buildings, picnic shelters or other areas posted or designated by the Director of Parks and Recreation" and set second reading for December 6, 1999 The motion passed 7-0 Councilmember Latz believed the intent to include other areas posted or designated by the Director of Parks and Recreation was in areas that were environmentally sensitive for one purpose or another and recommended that that staff work on the exact language before the second reading with the input of the City's naturalist 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. First Reading of Ordinance Regulating Operation of Lawful Gambling in St. Louis Park Cindy Larsen, City Clerk presented a staff report and noted that the ordinance would require gambling organizations operating in St Louis Park to distribute 100% of their lawful purpose expenditures with the trade area (St Louis Park, Minneapolis, Minnetonka, Plymouth, Golden Valley, Hopkins and Edina) They also requested that the ordinance contain a provision requiring gambling organizations operating within St Louis Park to contribute a percentage of their net profits to a fund administered by the city The fund will be used to cover costs related to the administration and regulation of lawful gambling She indicated that the effective date of the ordinance would be January 1, 2000 Mayor Jacobs noted that he received a document from the St Louis Park Hockey Association Bruce Berthioume, 3125 Oregon Avenue South, Gambling Manager for the St Louis Park Hockey Boosters, stated "I am opposed to the trade area restrictions and with them our organization cannot perform the way they are now Some of the equipment we purchase comes out of Bloomington which would be outside of the trade area What type of reports that the City would require on a quarterly or semi-annual basis? I think we do our part for the children in St Louis Park and would like to see money going to them and not the city administered fund" Ms Larsen, City Clerk stated"for the trade area expenditures what we would be asking for is a year end report of everywhere you have made lawful purpose expenditures, similar to the document you submitted to the council this eyeing A form is being developed for the future" Mr Scott, City Attorney stated "If items are purchased outside of the trade area for an activity that was conducted in the trade area than my impression it would be an activity that was conducted within the trade area and be allowed" Scott McDonald, 5400 Vernon Avenue South, Gambling Manager of Minnesota Youth Boxing at Al's Liquor stated"When we began charitable gambling about four years ago, there were no restrictions on programs that could be funded A number of our programs are located in St Paul, Duluth and Rochester Without our funding, these programs would have to be eliminated and doesn't believe it would be the Council's intention to destroy these programs that are in place" Council Meeting Minutes -5- November 15, 1999 David Payne, 3912 Excelsior Boulevard, Owner of Al's Liquor, stated "I have also been the Chief fund-raiser for the St Louis Park Parktacular and noted that Minnesota Youth Boxing has been a major contributor for the event" Frank Howard, 4360 Brookside Court, Edina, member of VFW Post 156-32, stated that he was against the ordinance He gave a brief history of the VFW organization He noted that the VFW has made a lot of contributions, but as the number of members decreases the amount of funds available is less for special events and services He stated that charitable gambling is their major source of income and they feel they cannot absorb another 10% Councilmember Latz asked if the trade area restriction was interpreted as the City Attorney suggests would that make it work for Mr Howard's organization Mr Howard stated that this was up to the City Attorney and he didn't know the answer to the question Councilmember Sanger believed it would be helpful to receive information from staff about the surrounding communities that have the trade area restrictions Mr Larsen, City Staff briefly commented that Minneapolis, Plymouth, and Arden Hills have trade area restrictions in place Councilmember Young stated that he was a member of the VFW and believed that 100% of the VFW expenditures were spent in St Louis Park in the form of the organization who was the end recipient, but if gambling proceeds were used to send a donation to the National Home in Bloomington then that may be restncted Ed McDevitt, 3379 Brownlawn Avenue South, Knight of Columbus Bingo in St Louis Park, stated that he was opposed to the ordinance and opposed to taking a percentage of their net profits to a fund administered by the city He explained that his organization does try to spend are money all in St Louis Park and has contributed a large amount in the past Mr Meyer, City Manager clarified that the provision requiring gambling organizations operating within St Louis Park to contribute a percentage of their net profits to a fund administered by the City would be used to cover costs related to the administration and regulation of lawful gambling He explained that it was not intended that any of the money would be decided to be used for other purposes by the City Council Shirley Kell, 1822 Edgewood Avenue South, stated that when she renews her license she already pays $250 for investigation fees She believed that a contribution of 10% of her net profits to a fund administered by the city and a distribution of 100% of her expenditures to St Louis Park was too high Ms Larsen, City Clerk clarified that the investigation fees are set by the State and the City was limited in its ability to raise fees in other ways She indicated that the cost of the investigations is often greater She noted that the current fee of$250 will no longer be required by organizations making an application Mr Meyer indicated that 10% was the maximum allowed under statute This proposal was to set the fee at 5% based on what the City's actual expenses are for enforcement Council Meeting Minutes -6- November 15, 1999 Ms Larsen indicated that the City would go through a year of determining what the actual costs are and at the end of that year, we'll see how it all balances out since these expenditures have not really been tracked by the City in the past Peter Levy, 2842 Salem Avenue South, President of the St Louis Park Association, CEO of the St Louis Park Boosters, stated that he supports the general concept of the ordinance It was in their charter to give 100% of gambling proceed to St Louis Park He believed it was important to clarify the issue about making expenditures outside trade area and recommended that when the ordinance form was drafted keep in mind other state required forms He questioned if a 5% contribution of their net profits to a fund administered by the City was necessary Mr Luse, Police Chief commented briefly on the investigation process and was fairly comfortable stating that the $250 fee was not sufficient for a background investigation Tom Flugar, 2900 Pennsylvania Avenue, St Louis Park Basketball Association, Texa- Tonka Lanes, reiterated that the organizations present were all responsible and were involved in charitable gambling to help the kids in St Louis Park and he didn't see the need to regulate gambling because it was already happening Councilmember Latz believed the speakers raised a number of good points He believed that clarification was needed as to whether or not State Statute does in fact trade area to be defined as location of where the activities are conducted rather than the location of where the money is spent He recommended that consideration of the ordinance be deferred until the Council has the answer to that question Secondly, he would like to include in the ordinance a specific restriction on how any proceeds from the fund administered by the city would be used He had some hesitation of the trade area issues from the beginning and didn't know if a requirement of 100% of expenditures within the trade area was necessary Related to the 5%of net profits to a fund administered by the city, he would like to see some type of provision in the ordinance to change the percentage at a future time if necessary or return any excess funds to the organization that contributed to it in the proportion that is was received Councilmember Sanger stated that she concurred with Councilmember Latz She was glad to hear that the organizations present were already funneling their expenditures primarily into St Louis Park and she would hope that others would do the same as well Councilmember Young briefly reviewed the path of the Council on this issue in the past He strongly supports the intent of the Council to retain the donation of the proceeds to the St Louis Park and encouraged the Council to keep moving this along and pass the amendment at first reading and get clarification on the issues before second reading on December 6th Mr Scott, City Attorney stated that there was no problem with getting clarification on the issues of concern by the second reading and that the language could be placed in the ordinance Peter Levy believed that a 100% distribution is a bit extreme because in any given organization there is going to be an extraordinary event that could require funding and now would be restricted Ms Larsen, City Clerk stated that under State Statute is was all or a portion of the expenditures Council could set the percentage anywhere up to 100% Council Meeting Minutes -7- November 15, 1999 Councilmember Sanger believed that organizations would only be restricted to money raised through charitable gambling in St Louis Park, but would be free to make contributions outside the trade area from funds by any other source She asked if organizations were raising funds from other sources Peter Levy indicated that his organization received funds from other sources that is used for daily operations, but didn't know about the other organizations He was concerned that if fees were based on net profits than his organization, which may be one of the more profitable organizations, may be funding the investigation reporting of his competitors Bob McWhite, St Louis Park VFW Gambling Manger, explained the financial background of his organization and noted there was not an excess of funds to contribute to another fund Councilmember Latz asked if Mr McDevitt of the Knights of Columbus had information about what percentage of the net profits of his organization are spent in St Louis Park trade area Ed McDevitt, Knights of Columbus, stated that he didn't have the information Councilmember Latz asked that this information be received before second reading Councilmember Nelson commented on both the expenditure and revenue side of this issue He supports the provision requiring gambling organizations operating within St Louis Park to contribute a percentage of their net profits to a fund administered by the city He does not support the trade area restriction because that is saying where a charitable organization can spend their money and that should be their own business Related to the revenue issue, he questioned how the organizations survived before charitable gambling came along He is opposed to charitable gambling in St Louis Park and elsewhere He believed it is an inefficient method of raising money and Just the expenses of having these programs is a very high percentage of the gross profit The police department stated that it attracts a certain element that is undesirable referring to the American Legion He suggested that if an organization depends solely on charitable gambling than they are on risk and need to think of diversifying their incomes He believed that gambling preys on the underprivileged and suggests a phasing out period of three years and get out of this program altogether He states there is a cost of our City in time and that a police officer could be using his time more efficiently He believed that even though an activity is legal and the outcome may be good, it doesn't mean that the St Louis Park needs to be participating in it and gave several examples It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to approve first reading and set second reading for December 6, 1999 with a change to require gambling organizations operating in St Louis Park to distribute 90% instead of 100% of their lawful purpose expenditures with the trade area and direct staff to present before second reading further clarification on the points raised and that the 5% city fund to be used only for investigation, administration and regulation of lawful gambling and cannot be used for other purposes The motion passed 6-1 Councilmember Nelson was opposed 8b. Resolution Authorizing An Agreement Between the City of St. Louis Park and Tautges, Redpath & Co. Ltd. for Audit Services. Resolution # 99-130 Jean McGann, Director of Finance presented a brief staff report Council Meeting Minutes -8- November 15, 1999 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt the attached resolution The motion passed 7-0 8c. Wolfe Park Amphitheater. Resolution # 99-131 Councilmember Nelson staff to clarify the terms of the grant agreement Ms Walsh, Director of Parks and Recreation stated at this point in time the City was committed to spending the money, but that is not to say that the City can't give the money back if the City decides not to do the project There were other organizations that have committed to spending the money and have continued to delay the project and the state was still working with them She believed that the City was not under any time parameters at this time She stated that the City was not committed to any design standards since the City was general enough in the design that was submitted to the State so the City could do what it wanted on the site Councilmember Brimeyer believed it was time to develop the final design concept so that if the money did go back it would go back quickly It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt the attached resolution authorizing the execution of a grant agreement with the Department of Trade and Economic Development in the State of Minnesota to secure $315,000 for the development of the Wolfe Park Amphitheater The motion passed 7-0 8d. Request to rezone land in the northwest quadrant of Zarthan Avenue and West 16th Street to R-4,Multiple Family Residence District I/ Case No. 99-25-Z Ms Peterson, Planning Associate presented a staff report and recommended approval of the rezoning request to R-4, Multiple Family Residence District Councilmember Sanger asked if it would be preferable to specific designate by zoning a portion of this site as parks and open space to really confirm the size and location of the neighborhood park Ms Peterson stated that this was a possibility, but it would depend on if a specific proposal came in the future where staff, the applicant and the Council agreed that the park would be better served in a different location then that would necessity a rezoning Councilmember Sanger asked if it would be better to wait until we have a specific plan where we know more specifically where the park would be located and at that time zone that portion of the land as parks and open space Mr Harmening, Community Development Director, indicated that the City did not have a zoning district of parks and open space, but we have residential districts where we allow parks The Comprehensive Plan somewhat arbitrarily designated some parcels just north of 16th Street for a park and open space area, however the language of the plan by neighborhood section of the Comprehensive Plan said that the location of the park could be different than that shown on the map if it made sense at the time a development plan was brought in such as the CSM Rottlund Project Council Meeting Minutes -9- November 15, 1999 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, approve first reading of an ordinance to rezone land in the northwest quadrant of W 16th Street and Zarthan Avenue to R-4 based on a finding that the R-4 zoning is consistent with the Comprehensive Plan, and to set second reading for December 6, 1999 The motion passed 7-0 8e. Request by Holiday Stationstores, Inc. for a Special Permit Amendment for a building expansion 7000 W. Lake Street. Case No. 99-24-CUP Resolution # 99-132 Ms Peterson, Planning Associate presented a staff report and recommended approval of the Special Permit Amendment with the conditions outlined in the staff report Councilmember Latz was concerned about the landscaping along the south and east edge of the property because of the possibility of interfering with the site lines of vehicles entering and exiting from Highway 7 Ms Peterson clarified the type and height of the proposed trees that would be used for landscaping in that area Mr Harmening recommended that staff take a specific look at the landscaping plan for that area to consider what the size of the trees will be both a planting and mature stage, consult with the City Engineer and require the developer to change this plan to address the safety concerns and still meet the City's ordinance in terms of the number of plant materials that have to be provided on the site Councilmember Santa asked if Mndot was consulted on this project Ms Peterson indicated that since the curb cuts were not changing and because the expansion is so minor there was not a requirement that they be consulted It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt a resolution approving the Special Permit Amendment with conditions in the resolution The motion passed 7- 0 8f. Change Order No. 2 to Contract No. 57-99 with Kevitt Excavating, Inc. for Park Commons demolition's/site restoration. Resolution # 99-133 By consent, Council adopted the attached resolution authorizing execution of Change Order No 2 in the amount of$11,450 00 to Contract No 57-99 for additional demolition work and hazardous material disposal, increasing the total contract amount from $193,662 30 to $205,112 30 8g. Traffic Study No. 547: Three way stop signs at Quentin Avenue So. and W. 42nd Street. Resolution # 99-134 By consent, Council accepted the report for filing and adopted the attached resolution authorizing the installation of three way stop signs at'the intersection of Quentin Avenue So and W 42nd Street Council Meeting Minutes -10- November 15, 1999 9. Reports from Officers, Boards, Committees a. Planning Commission Minutes of October 20, 1999 By consent, Council accepted report for filing b. Board of Zoning Appeals Minutes of September 23, 1999 By consent, Council accepted report for filing c. Vendor Claims By consent, Council accepted report for filing 10. Unfinished Business - None 11. New Business lla. Bid Tabulation: One(1) Street Flusher Truck By consent, Council designated Ruffridge-Johnson Equipment Company, Inc the lowest responsible bidder for one (1) new 2000 Street Flusher Truck and to authorize execution of a purchase agreement with Ruffridge-Johnson Equipment Company, Inc in the amount of $118,451 14 12. Miscellaneous - None 13. Claims, Appropriation, Contract Payments - None 14. Communications >From the City Manager-None >From the Mayor- Mayor Jacobs briefly commented on a Planning Discussion Seminar held by the City that he recently attended and indicated that Judie Erickson was working on a summary of the discussion that would be available for review by Council at a future date Councilmember Latz indicated that it would be helpful to him to have data on what current proportion of gambling proceeds of each organization are spent within and without the proposed definition of trade area Council had a brief discussion about the feasibility and purpose of asking for this type of information from an organizations 15. Adjournment It was moved by Councilmember Nelson, seconded by Co ncilmember anger, to adjourn the meeting at 9 40 p m The motion passed 7-0 7 ' . Cit Clerk M. •r ,