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HomeMy WebLinkAbout2004/12/20 - ADMIN - Minutes - City Council - Regular r i, CilITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA DECEMBER 20, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, and Sally Velick Staff present. Assistant Zoning Administrator (Mr. Morrison), City Manager (Mr. Harmening), City Attorney (Ms. Poehler), Community Development Director(Mr Locke), Director of Inspections (Mr. Hoffman), Finance Director(Ms. McGann), Human Resources Director (Ms. Gohman) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - Recognition resolution for Mark Winiecki Mayor Jacobs presented a resolution to Mark Winiecki and thanked him for nearly 27 years of service to the City of St. Louis Park. 3. Approval of Minutes 3a. City Council Minutes of December 6, 2004 Councilmember Finkelstein noted on page three, the fourth paragraph of item six should read. "Councilmember Finkelstein stated that the remaining aid from the state was down to $800,000. The City's use of this money was a conservative fiscal policy If they lost the remaining money from the legislature in this year, it would not affect day-to-day operations " Mayor Jacobs noted on the first page "Keck" should be "Kach". The minutes were approved as corrected. 3b. Study Session Minutes of December 13, 2004 Councilmember Sanger noted on page three, item four, in the last sentence it should be 2005, not 2006 The minutes were approved as corrected. 3c. Study Session Minutes of November 22, 2004 Councilmember Sanger indicated on page two, item two, paragraph six, in the last sentence, change "...similar other properties" to "those operated by Perspectives " Councilmember Finkelstein noted on page two, item two, paragraph seven, the last sentence should read: "At present, there are no officers interested in living on-site at the PPL property." The minutes were approved as corrected Council Meeting Minutes -2- December 20, 2004 4. Approval of Agenda and Items on Consent Calendar NOTE The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion Consent items are acted upon by one motion If 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 Approve payment to the School District of an equipment grant of $31,500 4b Adopt Resolution No. 04-155 authorizing execution of a contract with ENSR International for consultant activities related to the implementation of the Reilly Tar& Chemical Corporation Remedial Action Plan in 2005. 4c Authorize execution of a contract extension to Contract No 1893 with Severn Trent Services (STL -Denver) for laboratory services related to the Reilly Tar& Chemical Corporation groundwater sampling program through year 2005 4d Authorize the Mayor and City Manager to execute a five-year contract with All Hours Towing for towing services 4e Adopt Resolution No. 04-156 authorizing the installation of parking restrictions on the south side of Republic Avenue from the driveway apron in the 1st Street Northwest right- of-way to a point 110 feet to the northwest. 4f Accept the Housing Authority Minutes of November 10, 2004 for filing 4g Accept Vendor Claims for filing (Supplement) 4h Accept the Human Rights Commission Minutes of July 21-2004 for filing 4i Accept the Human Rights Commission Minutes of September 29, 2004 for filing 4j Motion to accept the Telecommunications Advisory Commission Minutes of August 19, 2004 for filing 4k Adopt Resolution No. 04-151 recognizing Mark Winiecki's service to the City of St Louis Park It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 6. Public Hearings 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions 8a. Case No. 04-60-VAR: Ronald and Stephania Greve Mr. Momson presented the staff report. Councilmember Basill asked if this was a 50-foot lot and if many lots in the neighborhood were 60 foot? Mr. Momson replied yes this lot was 50', there was a mixture of lot sizes in the neighborhood Council Meeting Minutes -3- December 20, 2004 Councilmember Basill stated this was a nice addition and the type of housing they were looking for. They wanted people to upgrade their homes and not move The overhang was not against the neighbor's house, there was a driveway and it was 15 feet from the property line This would be a superior design that would look better in the neighborhood He supported the variance. Councilmember Omodt supported Councilmember Basill's comments. He asked if this would set a precedent if approved? Ms. Poehler replied no. Councilmember Omodt stated he was in favor of granting the variance and thought the housing summit process had brought them to look the code and find ways to keep people expanding in St Louis Park and also allow move-up housing Councilmember Sanger also supported this. The Board of Zoning made the correct decision and this was not a reflection on them, but was an appropriate time to exercise the Councils discretion and vote in favor of granting the variance. She commended the applicant for paying attention and promoting superior architectural design. Councilmember Santa asked if the eaves would hinder fire or police equipment? Mr. Morrison replied no, not with the driveway. Councilmember Velick asked if any of the neighbors were present The neighbors in the audience stated that they supported the project. Mayor Jacobs noted he had an Email from neighbors who were also supportive. Councilmember Finkelstein supported the variance given that it would be encroaching on a driveway and not shading the neighboring properties. Eave requirements may be something to discuss at a study session as well as issues like these that tend to make it more difficult for people to do move up housing and remain in St Louis Park This was something they should consider when they talked about more move-up housing. They want to make it possible for people to stay in St. Louis Park and to develop their properties. Mayor Jacobs thought it was a worthwhile discussion. There was a rational basis having restrictions given the closeness of houses in St. Louis Park He supported this variance Mr. Harmening stated that after the housing summit process was completed, staff would be bringing forward a variety of zoning amendments. They could include this in the discussion Secondly, because there was not a resolution to approve the variance before the Council, the Council should direct staff to prepare a resolution of approval with findings of fact approving the variance, which would be brought back for further approval on January 3, 2005. It was motioned by Councilmember Basill, seconded by Councilmember Omodt, to direct staff to prepare a resolution and findings of fact for approval of Ronald and Stephania Greve's application for a variance to section 36-73(b)(2) of the Zoning Ordinance to allow a 2 foot side yard for an eave instead of the required 3 feet 4 inches, to be brought back to the January 3, 2005 Council meeting. The motion passed 7-0. Council Meeting Minutes -4- December 20, 2004 8b. Adopt 2005 Budget, 2004 Revised Budget, 2005 Property Tax Levy, and HRA Levy Resolution No.'s 04-152 and 04-153 Ms. McGann presented the staff report It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 04-152 approving the 2004 Property Tax Levy collectible in 2005, adopting the Budget for 2005, and adopting the Revised Budget for 2004. The motion passed 7-0. It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 04-153 authorizing the HRA Levy for 2005. Councilmember Finkelstein noted when they reviewed the budget on this matter, the average increase in property taxes for a home of$230,000 would be $79 and approximately less than $150 for a $400,000 home. This wasn't taken lightly and the Council spent a lot of time in study sessions reviewing the budget and making tough decisions. There was a lot less help from the Legislature. The motion passed 7-0 8c. Resolution Establishing A Health Care Savings Plan Program Resolution No. 04-154 Ms Gohman presented the staff report describing the program. Councilmember Sanger stated she liked the idea, but was concerned that participation was mandatory. If someone didn't need this plan, would it be a benefit? Ms. Gohman replied under IRS regulations, they had to put a program into place that had no opt out and was mandatory. This is based on the level of flex leave accrual. The grid in the packed shows that there is an in or out based on flex leave balance the date a resignation notice is turned in If someone didn't want to be in the program, if their hours are 620 when they turn in their notice, they are able to stay out of the program. The employee group designed this program. Councilmember Velick asked if there was an age limitation? Ms. Gohman replied no. Councilmember Basill asked if they weren't enrolled in the HSA and came up to retirement or separation, were they eligible to enroll at that time? Ms. Gohman replied they were only reenrolled when they put in their notice of resignation, which triggered enrollment. If they were already enrolled in VEBA, through the high deductible insurance plan, that was separate. Councilmember Finkelstein asked for someone to be covered under a union contract, would they have to negotiate this and have it approved by City Council before they could participate? Ms Gohman replied that was correct. There were two groups that voted on this. If the other groups were interested, this would be an addition to the contract and would need to come before the City Council. Council Meeting Minutes -5- December 20, 2004 Councilmember Finkelstein asked if they could make a friendly amendment to the motion so it wouldn't need to come back before the City Council if the other groups decided to add this? Ms. Gohman replied because of the regulations governing this, it had to come before the City Council. The HSA's would be administered by ING and therefore Councilmember Santa would be abstaining. It was motioned by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No. 04-154 adding a Health Care Savings Plan Program to the City of St Louis Park Personnel Manual The motion passed 6-0-1, Councilmember Santa abstained. 8d. First Reading: Proposed Ordinance Amending Chapter 8,Division III, Subdivision I, Section 8- 191 —Establishing a Licensing Investigation Fee Mr. Hoffman presented the staff report and described the investigation fees Councilmember Sanger asked why they didn't also apply this to people who failed to renew their licenses? Mr. Hoffman responded that currently if the license and fee isn't returned by December 315t, there is a late fee provision equal to 20% of the license fee or a minimum of $25. Most license fees vary between $125-$700 depending on the type of license. Mayor Jacobs asked if there had been discussions with the business council and community. Mr. Hoffman replied no, they didn't discuss this with the business community because people who followed the process would not be affected Mayor Jacobs asked if the fee would only be imposed on an individual business that did not comply with the licensing requirements? Mr. Hoffman replied that it was an investigation fee and they did the same thing for building permits If a contractor were to start constructing a building or doing a remodel, there was presently an investigation fee They had been doing that for many years and was also done nationally for building permits, they were just incorporating it into the instances when a business was uncooperative. Mayor Jacobs asked if there was notification sent to the Twin West Chambers? A notification should be sent to the business community to make them aware of this. Mr. Harmening replied they could discuss this with the Twin West Chamber President and the President or Chair of the local business council. They didn't view this as an issue that would be of major concern because it was targeted to new business owners that disregarded the permitting and licensing process. It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to approve first reading of an ordinance amending Chapter 8, Division III, Subdivision I, Section 8-191 establishing a license investigation fee Set 2"d reading for January 3, 2005. The motion passed 7-0. ' Council Meeting Minutes -6- December 20, 2004 9. Communications Mr. Harmening stated there would be no study session the following Monday. Councilmember Santa stated that Fnday, December 24th City Hall would be closed The following Fnday (December 31), there would a ribbon cutting opening a new warming house at Oak Hill Park. There is also an annual, family friendly New Year's Eve party from 5-8 PM. 10. Adjournment The meeting adjourned at 8:12 p.m i ity Clerk Mayar I