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HomeMy WebLinkAbout2002/03/04 - ADMIN - Minutes - City Council - Regular itiCTY F OFFICIAL MINUTES sTILouOis CITY COUNCIL MEETING RK ST. LOUIS PARK, MINNESOTA March 4, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7 35 p m. The following Councilmembers were present at roll call Jim Bnmeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs Also present were the City Manager (Mr. Meyer), City Attorney (Mr Scott), Finance Director (Ms McGann), Director of Community Development (Mr Harmening); Human Resource Manager (Ms Gohman); Planning and Zoning Supervisor (Ms Jeremiah), Director of Parks and Recreation (Ms Walsh), Housing Supervisor (Ms Schniker), Housing Programs Coordinator (Ms Larsen); City Clerk (Ms Reichert), and Recording Secretary (Ms Samson) 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of February 19, 2002 The minutes were approved as presented 3b. Study Session Minutes of February 11, 2002 From Mayor Jacobs. Page 12, Paragraph 8, in the sentence beginning, ` He \\ould like to have the issue resolved" change business community to geneial community From Councilmember Latz Page 12, Paragiaph 8, at the end of the first sentence, "task force to consider smokers' rights in the community" change smokers' to nonsmokeis' 3c. Study Session Minutes of February 19, 2002 The minutes were approved as presented 4. Approval of Agenda and Consent Items NOTE. Consent items are those items of business which are considered to be routine and/oi which need no discussion Consent items are acted upon by one motion II 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. 4a. Approval of Agenda It was moved by Councilmember Nelson, seconded by Councilmember Safina, to approi c the agenda Council Meeting Minutes -2- March 4, 2002 The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the following Consent Agenda Items The motion passed 7-0 1. Approve the request for a public hearing April 1, 2002 to consider the establishment of a special service district along Excelsior Boulevard between Quentin Avenue and Monterey Drive and a hearing April 15, 2002 to consider the imposition of a service charge within the district. 2 Approve second reading of Ordinance No. 2219-02, zoning map amendment to change the designation from IP-Industrial Park to C2-General Commercial for properties located at 3533 Raleigh Avenue South, 3550, 3540, 3532 and the south 180 feet of 3510 Belt Line, approve summary and authorize publication 3. Approval of Lewis & Associates to conduct a franchise fee audit for 2000 and 2001, as recommended by the Telecommunications Commission. 4. Approve Resolution No. 02-015 final payment for Barbee Construction Company Inc in the amount of$1,413.30 for the completion of Conti act No 105-01 5 Accept the following reports for filing. a Planning Commission Minutes of February 6, 2002 b Housing Authority Minutes of January 9, 2002 c. Vendor Claims 5. Public Hearings 5a. Public Hearing—West Suburban Housing Partners Private Activity Revenue Bond Resolution No. 02-016 Jean McGann, Finance Director, said West Suburban Housing Partners ("WSHP") has requested the City to issue $9,165,000 of private activity revenue bonds to construct an 88- unit multi-family housing project About two to four weeks after approval of the preliminary resolution, a final resolution will come before the Council for approval The purpose of the final resolution, which will require six votes, is to set the bond up for sale Councilmember Nelson said Council previously expressed concerns about the distribution or the percentages of low-income housing or subsidized housing versus non-subsidized housing, and he does not see that in the preliminary resolution He asked it it will be included in the final resolution. Ms. McGann said that information will be included in the documentation for the final resolution Councilmember Sanger asked what the current plan is on that subject. Ms McGann said 25% of the units, which is 23 units Council Meeting Minutes -3- March 4, 2002 Councilmember Latz would like to increase the percentage to 40% at 60% of the median income for affordable housing units For the record, Councilmember Latz said it is important for this issue, affordable housing in St Louis Park, to be discussed at a Study Session. He said because 25% is inadequate, he will vote against this proposal. Mayor Jacobs said he would prefer a greater percentage, too It was moved by Councilniember-Santa, seconded by Comicihnembei Velici., to upl»oi'e the preliminary Resolution No. 02-016 to issue the Private Activity Revenue Bonds for West Suburban Housing Partners in the amount not to exceed$9, 165,000 The motion passed 6-1. (Councilinember Latz opposed) Councilmember Santa would also like to see more affordable housing. 5b. Public Hearing to Consider Resolution Authorizing Renewal of Gambling Premises Permit for the MN Youth Boxing Club at Al's Liquors, located at 3912 Excelsior Blvd. Cindy Reichert, City Clerk, reported the Minnesota Youth Boxing Club ("MYBC") has submitted an application for a two-year gambling premises permit to run from April 1, 2002 through March 31, 2004. The license is issued by the State but requires local - approval Councilmember Sanger asked if information is available stating the application complies with the Trade Area Requirements ("TAR") foi the City's gambling premises permit Ms Reichert said the City does not yet have an audited report, however, the audit is underway, based on partial records the City Clerk has on file, it appeals MYBC does not meet the TAR. Ms Reichert is expecting the completed audit in a few weeks Councilmember Sanger does not want to approve the permit without the audit information. and she would rather defer this item to the next iegular City Council meeting Ms Reichert said the MYBC donates $10,000 annually to Pat ktaculai Councilmember Nelson stated the Council should not be involved in who gives what to whom, Council has no business other than issuing a license based on statutes, and it is not to be determined by Council which charity is worthy and which is not—particulai ly based on geography. Councilmember Nelson said it appears MYBC will not meet the TAR, and if Council is serious, the permit should be denied but he suggests instead that Council ask Staff to prepare a resolution repealing the TAR. With that, Councilmembei Nelson falls on his long-stated position that he does not support charitable gambling at all and he will vote against it Mr. Scott McDonald, gambling manager for MYBC, addressed the Council He said theie is no way for Staff to know if the monies transfened to the general account were spent in the contiguous area He added the MYBC's audit is due to the State in June and monies were spent in St Louis Park Mr McDonald suggested granting'thc pei mit Lonclitionally Council Meeting Minutes -4- Mai ch 4, 2002 Ms Reichert said the State Gambling Board is expecting the application to be a little late, and the City may not grant a provisional license The City only gives its authorization to the State to grant a two-year license, and the State does not enforce local regulations, therefore, the only opportunity for Council is now at the time of endorsing the resolution authorizing renewal Councilmember Latz, who also opposes TAR and voted against it last year, asked the City Attorney, Tom Scott, if Council has any discretion with regard to how this matter is voted given the TAR compliance and an ordinance regarding audited numbers to verify where the monies are spent. Mr. Scott answered, Council would have some discretion on the audited financial statement requirement but Council would need to be satisfied that the TAR is in fact being met or can reasonably be met in the foreseeable future Mr. Scott suggested deferring this item to the next Council meeting, and he does not recommend Council to make a determination that MYBC are not in fact able to comply, Mr Scott understands MYBC can potentially demonstrate that they comply with the TAR. Councilmember Sanger asked if the renewal for a gambling premises permit could be re- issued in June when the audited numbers are available and if MYBC is in compliance with the TAR? In other words, can the permit be suspended due to noncompliance until all information is in? Mr. Scott said he will investigate the issue and review the ordinance and statute, and address it at the next meeting Ms Reichert said she thinks the State would not go along with the delay as it is a liLense renewal by the State, and St Louis Park is only giving its endoisement Mr Meyer raised the question, Does the MYBC believe they can provide the City with un- audited materials that would substantiate the TAR had been met on a timely basis for Council to consider when they meet two weeks from tonight? Mr McDonald did not provide a direct answer Councilmember Nelson made a motion to repeal the TAR, and whatever other restrictions the Council has in place, for charitable gambling and if no vote on his motion tonight, then put it on the next regular agenda. Councilmember Latz will second the motion provided the motion is limited to repeal the TAR but not any of the other restrictions Councilmember Sanger said it is totally inappropriate to vote on a motion on a new issue for which Councilmembers are unprepared to vote on. She has supported, and continues to support, TAR because it is beneficial to the community of St Louis Park and surrounding communities David Payne, owner of Al's Liquors, 3912 Excelsior-Blvd., addressed the Council. He said MYBC is the single largest contributor to Parktacular, and he said MYBC will end up in compliance with the TAR. Mr Payne said he has never been in favor of the TAR Councilmember Bnmeyer said he cannot support Councilmember Nelson's motion, a discussion about TAR should take place at a Study Session, and he votes to defeat the motion Mayor Jacobs added TAR should be discussed at a Study Session Councilmember Nelson withdrew his motion with the understanding that TAR discussion will be put on a Study Session agenda, and Councilmember Latz agreed. Council Meeting Minutes -5- March 4, 2002 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to defer this issue until the next regular Council meeting of March 18t, and ask the Applicant to bring information forward in good faith that may support the Applicant's standing with the TAR Mr Meyer said his concern regarding the motion is if the Applicant can not provide information supporting compliance with the TAR, then Council may gain nothing by deferring this matter two weeks Another option would be to make a motion that would ask Staff to prepare a resolution with findings to deny Councilmember Brimeyer expressed agreement with Mr Meyer Mayor Jacobs asked if this item could be defei red beyond March 18`h Ms Reichert said the gambling board gives some leeway in processing applications but she is unsuie it they can adjust the renewal date The City Clerk will contact the gambling board to ask if it can be deferred beyond March 18th Mr. Meyer said Council could direct Staff to prepare both a motion to approve and a motion with findings to deny for March 18th, and Council may then take either-course of action Councilmember Sanger amended her motion to include Mr Meyer's suggestion The motion was seconded by Councilmember Santa The motion passed 7-0. 5c. Public Hearing to consider allocation of 2002 Community Development Block Grant Funds. Resolution No. 02-017 Kathy Larsen, Housing Programs Coordinator, said the proposed allocation activities this year will reflect the priorities listed in Vision St Louis Palk, and also in the EDA sti ategic plan housing and business plan Wynn Granstran, Community Action for Suburban Hennepin, addressed the Council saying CASH has operated this program since 1992, which includes rehab projects Linda Trummer, Meadowbrook Collaborative, 4772 Meadowbrook Lane, thanked the Council 101 their continued support Sharon Johnson, Executive Director of Wayside House, also thanked the Council for considering funding for rehabilitation and repair at Wayside House. Councilmember Sanger said she has been a long-time board member of Wayside House and, as such, she thinks she has a conflict of interest in this matter. For the record, , Councilmember Sanger will abstain from the portion of the motion in regard to the Wayside House. It was moved by Councilmember Velick, seconded by Councilmember Latz, to adopt Resolution 02-017 approving proposed use of funds for 2002 Urban Hennepin County Community Development Block Grant funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Thircl Party Agreenients The motion passed 7-0 { u:ns ��; � J� , Council Meeting Minutes -6- March 4, 2002 6. Requests, Petitions,and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Firefighters Contract for 1/1/02— 12/31/02 Resolution No. 02-018 Nancy Gohman, Human Resources Manager, recognized Paul Rosholt, a member of the firefighters negotiation team, for his participation in contract negotiations, and she provided a summary on negotiations. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 02-018 approving a Labor Agreement between the City and International Association of Firefighters Local 993, establishing terms and conditions of employment for one year: 1/1/02 — 12/31/02. The motion passed 7-0 Mr. Meyer recognized Ms. Gohman's expertise and negotiating skills as being responsible for facilitating productive and efficient contract negotiations. 7b. Police Sergeant Contract for 1/1/02— 12/31/02 Resolution No. 02-019 Ms. Gohman said the change in this contract is from the old sick and vacation program into a flex leave program It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger to adopt Resolution No. 02-019 approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS)#218, establishing terms and conditions of employment for one year: 1/1/02— 12/31/02 The motion passed 7-0 7c. The request of the City of St. Louis Park for a Conditional Use Permit for the placement of approximately 20,000 cubic yards of topsoil fill on Oak Park Village Park in the northwest quadrant of Louisiana Avenue and Walker Street. Case No. 02-08-CUP Resolution No. 02-020 Councilmember Nelson asked Janet Jeremiah, Planning and Zoning Supervisor, what route will be taken to remove soil from Park Commons, and Ms Jeremiah said the fill, an engineered topsoil, will come from outside of Park Commons It was moved by Councilmember Santa, seconded by Councilmember Velick, to adopt Resolution 02-020 approving the Conditional U.se Permit it subject to conditions listed iii the resolution The motion passed 7-0 Council Meeting Minutes -7- March 4, 2002 7d. The request of the City of St. Louis Park for a Conditional Use Permit for the placement of approximately 10,400 cubic yards of fill on Wolfe Park for soil corrections and final amphitheater and parkway grading at 3700 Monterey Drive. Resolution No. 02-021 Case No. 02-09-CUP It was moved by Councilmember Nelson, seconded by Councilmember Lutz, to adopt Resolution No. 02-021 approving the Conditional Use Permit subject to conditions listed in the resolution. The motion passed 7-0 7e. Request of Edith Mmuma for a Zoning Ordinance Text Amendment Regarding State Licensed Residential Facilities in the R-3 Two-Family Residential District Case No. 02-04-ZA Ms Jeremiah summarized Applicant Edith Mmuma's request, which is consistent with State statutes Councilmember Nelson said Ms. Mmuma met with the Elmwood Neighborhood Association The 15 attendees were generally supportive of her concept, however, there is concern that the text amendment not be construed by other applicants to operate homes for juvenile sex offenders or similar, the Applicant withdrew part of her request for a text amendment to accommodate that request. With the understanding that the text amendment would not apply to halfway houses and similar facilities, Councilmember Nelson will make a motion. It was moved by Councilmember Nelson, seconded by Latz, to approve First Reading of a zoning ordinance text amendment to allow a State Licensed Revidential Fac ility in each _ unit of a Two-Family Dwelling in the R-3 Divtriet and,set Second Reading for March 18 2002 Councilmember Sanger asked what othei types of facilities may take adv,tni,igc of the revised ordinance in order to house 12 people in one building Mr Scott said under St Louis Park non-statutory ordinances, offender type group homes would not be acceptable in regard to the text amendment for this request Councilmember Sanger asked if the ordinance could be revised to permit the use that is being proposed here without necessarily opening the door for other uses such as chemical dependency and sex offender facilities Mr Scott said no The motion passed 7-0 8. Boards and Committees--None 9. Communications Mr. Meyer—Mr Meyei said Rule M, legal ding bullei yaids wound wetlands and watci bodies, has been deferred Council Meeting Minutes -8- March 4, 2002 A proposal for private inspections of housing construction is dead As of late last week, re-election of Councilmembers elected by ward, and where there have been changes in ward boundaries due to reapportionment, is still alive The budget has been overridden, and the budget in place does not include any cuts to local government aid (LGA) Councilmember Nelson—Councilmember Nelson reminded listeners about precinct caucuses on Tuesday, March 5`n 10. Adjournment Mayor Jacobs adjourned the meeting at 9.00 p . IL Se retary M. or)