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HomeMy WebLinkAbout1999/12/06 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA PARK December 6, 1999 1. Call to Order Mayor Jacobs called the meeting to order at 7 30 p m 2. Presentations a. Recognition of Board and Commission resignees Mayor Jacobs noted that it was the spirit of volunteerism that makes St Louis Park a great city He presented Certificates of Appreciation to the following residents for their dedicated service on the Commissions Sally Velick Charter Commission Phil Finkelstein Charter Commission Therese Samudio Charter Commission Walter Hartman Housing Authority Judith Moore Human Rights Commission John Archbold Human Rights Commission Christine Stephenson Parks and Recreation Advisory Commission Pete Chubb Parks and Recreation AdvisoryCommission b. National League of Cities Conference Update Councilmember Latz noted that on behalf of St Louis Park, Councilmembers Brimeyer and Latz accepted an Innovation Award at the National League of Cities conference for the book on home renovation ideas that staff developed in conjunction with other municipalities 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), Economic Development Coordinator (Mr Kleve), Director of Finance (Ms McGann), City Assessor(Mr Stepnick), Planning Associate (Ms Peterson), Parks and Recreation Director(Ms Walsh), Engineering Superintendent (Mr Moore), Public Works Director(Mr Rardin), Chief Building Official (Mr Shoppe), and Recording Secretary (Ms Olson) Council Meeting Minutes -2- December 6, 1999 4. Approval of Minutes 4a. City Council Meeting of November 15, 1999 The minutes were approved as presented 4b. Special City Council Meeting of November 15, 1999 The minutes were approved as presented 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the consent agenda The motion passed 7-0 b. Agenda It was moved by Councilmember Nelson, 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. Public Hearing to consider the 2000 Proposed Budget and Tax Levy Ms McGann, Director of Finance made a presentation highlighting the proposed budget for 2000 as outlined in the staff report Mr Stepmck, City Assessor presented a staff report outlining data on the trends of property values on both commercial and residential in St Louis Park He noted that there was a Senior Citizens Tax Deferral program available through the State of Minnesota(651-296-3781) and explained the This Old House law Mayor Jacobs closed the public hearing subject to the right of the Council to reopen it at a future date 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Second Reading of an Ordinance Regulating Operation of Lawful Gambling in St. Louis Park. Ordinance# 2148-99 Cindy Larsen, City Clerk presented a staff report and recommended approval with an effective date of January 1, 2000 Council Meeting Minutes -3- December 6, 1999 Il Bruce Berthiume, 3125 Oregon Avenue South, "My concern with the proposed administrative tax is that our organization would end up being over 25% of the cost of the whole fund due to the amount of the sales that we have Our organization does not feel that is right We feel that the burden that the St Louis Park Hockey Boosters would have would be greater than our share as far as the administrative costs" Cindy Larsen, City Clerk stated that the City was not allowed by Statute to adjust that for organizations Ed McDevitt, 3379 Brownlow Avenue South, "In checking with our bookkeeper, I found out that we did not spend any money outside of the St Louis Park area and I would be in favor of the 90%trade area restriction He briefly commented on how the game of Bingo was a great benefit to the public and recommended limiting the number of additional forms required by organizations" Cindy Larsen, City Clerk stated that rather than completing new sets of forms, organizations would be required only to make a photocopy of forms already prepared for the State Board She noted that the only additional form was the lawful purpose expenditure form Councilmember Latz stated that he reviewed the data from the organizations on the amount of 111 proceeds being spent within the trade area and after extrapolating, questioned the need to impose any legislative trade area restrictions at this time when almost all of the organizations in St Louis Park are currently spending their money in St Louis Park (trade area) He was also concerned if the language in the ordinance would get at the information that was actually desired Tom Flugar, 2900 Pennsylvania Avenue, noted an error in the staff report in Section 13-1608 The amount of tax to be collected should be 2% rather than 3% as stated in the draft ordinance He asked if the amount that a certain organization would contribute could be capped Ms Larsen, City Clerk indicated that the Statute was very well defined and this was not possible It was moved by Councilmember Latz to adopt the ordinance, approve the summary and authorize summary publication with the exception of the portion regarding the trade area restriction The motion failed for lack of a second to the motion Councilmember Young believed that if the Council extrapolated with the information that received from the organizations to date we would find that the other organizations are giving less than 90% to the trade area and this may be a reason why they have not responded yet He stated that the City has had significant problems with some organizations in the past where virtually 100% of their proceeds never stayed in St Louis Park or the trade area and we can prevent this from happening in the future Councilmember Sanger concurred with Councilmember Young She asked staff to clarify how the City could adjust 2%tax rate annually depending on what the expenses are Council Meeting Minutes -4- December 6, 1999 Ms Larsen, City Clerk explained that at the end of the year if the City finds that they collected too much or too little, they can act to change the ordinance to modify the amount of tax collected She indicated that a new vote was not necessary unless the City decided they wanted to change the ordinance Councilmember Sanger questioned if something couldn't be built into the ordinance that indexes the tax based on the cost so it is predictable for organizations of what the tax will be from year to year Mr Meyer, City Manager suggested that the percentage be adjusted one time in the future which would be either up or down within the 3% range Mr Scott, City Attorney concurred with the City Manager She noted that the trade area was for lawful purposes within the trade area, but was very loosely defined and City could set parameters Councilmember Nelson questioned what the cost impact was going to be on the organizations to obtain certification from a CPA Ms McGann, Director of Finance stated that statute already requires organizations to do an annual audit and that certification by a CPA stating that the organization is in compliance with state and local ordinances is already part of that audit She did not see that this would be an additional expense to the organizations111 Councilmember Nelson stated that since the CPA was being asked to certify that the funds are being expended in the trade area this would be new information and be an additional cost to the organization He stated that he believed that the attitude of the City Council was that this is money generated in St Louis Park, therefore it is ours and we should be able to spend it He did not agree with that attitude He stated that he would be voting against the ordinance Tom Flugar, 2900 Pennsylvania Avenue and Bruce Berthiume, 3125 Oregon Avenue South, indicated that their audits were done at the end of their individual fiscal year not calendar year Councilmember Sanger asked if organizations do their reporting to the state on a fiscal year which is different than the calendar could this be accepted and the City monitor base this on the individual's fiscal year rather than a calendar year Ms Larsen indicated that this was possible Mr Meyer, City Manager suggested taking out the dates in the ordinance to reflect this Councilmember recommended a friendly amendment to the ordinance requiring certification starting with the next fiscal year for an organization that ends on or after January 1, 2000 Councilmember Latz asked staff to read the letter that was sent to organizations requesting information Ms Larsen read a copy of letter that was sent to each organization Council Meeting Minutes -5- December 6, 1999 Councilmember Latz stated that he found it difficult to determine any percentages of what was currently being directed toward the trade area from the information organizations had submitted in response to that letter He would prefer not to make a decision without having this information Councilmember Young believed that it was important to move forward on this issue to set guidelines for future organizations that will protect the City and won't have to be revisited again Mr Meyer, City Manager clarified the amendments to the ordinance That the trade area restriction reporting would apply to the fiscal year beginning after January, 2000 and simplify language in Section 13-1607 to read "In addition each organization must submit an annual report to the City listing all lawful purpose expenditures " Councilmember Young accepted the Councilmember Sanger's friendly amendment It was moved by Councilmember Young, seconded by Councilmember Brimeyer to adopt the ordinance, approve the summary and authorize summary publication The motion passed 5-2 Councilmembers Latz and Nelson opposed Sb. Resolution Authorizing Renewal of Gambling Premises Permit for Minnesota Youth Athletic Services operating at the Classic Bar& Cafe, 4700 Excelsior Blvd. Resolution # 99-136 It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to approve the resolution authorizing renewal The motion passed 6-1 Councilmember Nelson was opposed 8c. Resolution Authorizing Renewal of Gambling Premises Permit for VFW Post 5632 operating at 5606 West 36th Street. Resolution # 99-137 It was moved by Councilmember Brimeyer, seconded by Councilmember Young, to approve the resolution authorizing renewal The motion passed 6-1 Councilmember Nelson was opposed 8d. Approval for Year 2000 Liquor License Renewals. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve renewal of licenses contingent on full compliance with ordinance requirements The motion passed 7-0 Sc. Amendment to Ordinance regarding the presence and conduct of pets in City parks. Ordinance#2149-99 Ms Walsh, Parks and Recreation Director recommended amending the amended ordinance to change language to read park shelters rather than picnic areas It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve second reading of the amended ordinance that allows pets in all park with additional amendment The motion passed 7-0 Council Meeting Minutes -6- December 6, 1999 8f. Second Reading of ordinance to rezone land in the northwest quadrant of Zarthan Avenue and West 16th Street to R-4, Multiple Family Residence District. Case No. 99-25-Z. Ordinance# 2150-99 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve second reading of an ordinance and to authorize publication, based upon a finding that the R-4 zoning is consistent with the Comprehensive Plan The motion passed 7-0 8g. Request by Microcenter, Inc. for a Minor Amendment to a Special Permit to allow certain property Improvements 3700 Highway 100 South Case No. 99-26-CUP. Resolution # 99-138 Ms Peterson, Planning Associate presented a staff report and recommended approval of the Special Permit minor amendment, subject to the seven conditions outlined in the staff report David Bishop, Director of Construction Services of Microelectronics was present to answer questions Councilmember Brimeyer asked if funds were being escrowed for landscaping and parking lot improvements that are called for at a later date to ensure that its done Ms Peterson indicated that staff was recommending that at the time of a certificate of occupancy is issued that a letter of credit would be submitted to the City covering the cost of Phase II improvements Councilmember Sanger questioned the number of handicapped parking spaces required Staff clarified the calculation for the number of handicapped parking spaces based on the MN State Disability Code It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt a resolution approving a minor amendment to a Special Permit for Microcenter, Inc subject to conditions in the resolution The motion passed 7-0 8h. First Reading of the Ordinance Amending Water& Sewer Utility Rates for 2000 Ms McGann, Director of Finance presented staff report It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to waive first reading and set second reading for December 20, 1999 The motion passed 7-0 8i. Resolution Appointing Jean McGann as Alternate to LOGIS Board of Directors. Resolution # 99-139 By consent, Council moved to approve the resolution authorizing appointment Council Meeting Minutes -7- December 6, 1999 8j. Request by Silvercrest Properties, LLC to amend final plat resolution for Silvercrest Addition to extend final plat filing deadline to January 6, 2000 Case No. 99-15-S 3601, 3633, 3663 Park Center Boulevard Resolution # 99-140 By consent, Council moved to adopt a resolution amending Resolution No 99-102, extending final plat filing deadline to January 6, 2000 8k. Amendment to Ordinance 1325 By consent, Council moved to approve first reading of Ordinance and set second reading for December 20, 1999 81. Resolution to Amend the 1999 Budget. Resolution # 99-141 By consent, Council moved to approve the resolution 8m. Resolution to authorizing policy on Naming of Parks, Trails, and Facilities in the City of St. Louis Park. Resolution # 99-142 By consent, Council moved to approve the resolution 8n. First Reading of Ordinance Amendment Revising Permit Fees for Plumbing, Mechanical, Electrical Permits George Shoppe, Chief Building Official presented staff report It was moved by Councilmember Santa, seconded by Councilmember Sanger to approve first reading of ordinance amendment revising plumbing, mechanical and electrical permit fees Set second reading for December 20, 1999 80. Year 2000 Major Equipment Purchases. Resolution #99-143 By consent, Council moved to adopt the attached resolution that accepts this report and authonzes staff to acquire equipment scheduled for replacement in year 2000 as allowed by Statue, Charter, or Ordinance 8p. Cooperative Agreement with Hennepin County for participation in the Federal Aid Preservation Program at various traffic signal locations throughout the City. Resolution # 99-144 By consent, Council moved to adopt the attached resolution authorizing the Mayor and City Manager to execute Hennepin County Agreement No PW-05-99 8q. Authorization to Use City Property for the Hutchinson Spur Regional Trail Resolution # 99-145 By consent, Council moved to adopt the attached resolution authorizing the use and dedication of City property for the Hutchinson Spur Regional Trail Council Meeting Minutes -8- December 6, 1999 9. Reports from Officers, Boards, Committees a. Single Audit Report By consent, Council accepted report for filing b. Charter Commission Minutes of March 25, 1999 By consent, Council accepted report for filing c. Charter Commission Minutes of October 13, 1999 By consent, Council accepted report for filing d. Human Rights Commission Minutes of October 20, 1999 By consent, Council accepted report for filing e. Planning Commission Minutes November 3, 1999 By consent, Council accepted report for filing f. Housing Authority Minutes of October 13, 1999 By consent, Council accepted report for filing g. Board of Zoning Appeals Minutes of October 28, 1999 By consent, Council accepted report for filing h. Vendor Claims By consent, Council accepted report for filing 10. Unfinished Business a. Board and Commission Appointment(s) It was moved by Councilmember Young, seconded by Councilmember Nelson, to appoint Lynn Littlejohn to the Human Rights Commission The motion passed 7-0 11. New Business lla. Contract Extension for Reilly Tar& Chemical Corporation Related Activities Consultant Services contract No. 72-98 111 By consent, Council moved to authorize execution of a one (1) year extension to Contract No 72-98 with ENSR Consulting and Engineering Council Meeting Minutes -9- December 6, 1999 11b. Contract Extension for Reilly Tar& Chemical Corporation Laboratory Services - Contract No. 1893 By consent, Council moved to authorize execution of a contract extension to Contract NO 1893 with Quanterra Environmental Services for laboratory services related to the Reilly Tar& Chemical Corporation groundwater sampling program through year 2000 11c. Avalon Bay Preliminary Development Agreement By consent, Council moved to approve the First Amendment to the Amended and Restated Preliminary Development Agreement with Avalon Bay relating to Phase I of the Park Commons redevelopment project 12. Miscellaneous - None 13. Claims, Appropriation, Contract Payments FINALS Contractor Amount Contract Amount Standard Sidewalk, Inc $7,351 72 City wide random curb & gutter& sidewalk repair work Contract No 58-99 Resolution# 99-148 Thomas& Sons Construction $22,582 24 Grading, base, storm sewer, curb & gutter& bituminous paving Contract No 59-99 Resolution# 99-149 Kevitt Excavation, Inc $103,256 34 Park Commons Demolition/Site Restoration Contract No 57-99 Resolution# 99-147 Asphalt Surface Technologies Corporation $54,980 88 Contract Sealcoat Contract No 16-99 Resolution# 99-146 By consent, Council adopted resolutions PARTIALS Contractor Amount Nadeau Utility, Inc $48,350 34 Entry signage and site improvements Contract No 54-99 Killmer Electric $13,021 17 Installation of EVP Signal System Contract No 18-99 Council Meeting Minutes -10- December 6, 1999 By consent, Council adopted resolutions 14. Communications From the City Manager -Update on installation of a railroad switch in the South Oak Hill Neighborhood Councilmember Brimeyer reported that he learned about some funding options and mechanisms for public art and Councilmember Latz commented on a Virtual Computer Technology session he attended for the design of developments during their recent trip to Los Angeles for the National League of Cities Conference 15. Adjournment It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adjourn the meeting at 9 00 p m The motion passed 7-0 400 • // Cit lerk M76r