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HomeMy WebLinkAbout2007/10/15 - ADMIN - Minutes - City Council - Regular ICITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA OCTOBER 15, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Loran Paprocki and Susan Sanger. Councilmembers absent: Paul Omodt Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Finance Director(Mr. DeJong), Inspections Administrative Supervisor(Ms. Boettcher), Assistant Planner (Mr. Fulton) and Recording Secretary(Ms. Schmidt). 2. Presentations—None 3. Approval of Minutes-None 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. Motion to approve the second reading of Ordinance No.2344-07, modifying compensation for the Mayor, approve summary and authorize publication. 4b. Motion to approve Resolution No. 07-117, establishing a special assessment for ' the repair of the sewer service line at 3974 Dakota Avenue South. 4c. Motion to authorize execution of a contract with SRF as outlined in Scope of Services dated September 28, 2007—Project 2008-2600. 4d. ' Motion to designate Carlos Lachmansingh Sales, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $424,189.50 to furnish decorative street lighting poles and fixtures for the Excelsior Blvd. Streetscape Project—Project No. 2004-0400. 4e. Motion to adopt Resolution No. 07-118, authorizing final payment in the amount of $20,149.70 for WTP #16 Filter Rehabilitation — City Project No. 2009-1200 with EnComm Midwest, Inc., City Contract No. 09-07. 4f. Motion to adopt Resolution No. 07-119, approving a lease agreement with MnDOT for Webster Park. 4g. Motion to adopt Resolution No. 07-120, authorizing the installation of "No Parking"restrictions along the island in the cul-de-sac of Oak Leaf Court. 4h. Motion to adopt Resolution No. 07-121, authorizing the installation of "No Parking"restrictions along the north side of the right-of-way area west of Gorham Avenue, south of 3230 Gorham Avenue. 4i. Motion to accept for filing Human Rights Commission Minutes August 21, 2007. City Council Meeting -2- October 15, 2007 4j. Motion to accept for filing Vendor Claim Report. It was moved by Councilmember Carver, seconded by Councilmember Paprocki, to approve the Agenda and items listed on the Consent Calendar. Mayor Jacobs stated at the November 5 meeting that he wished to have the minutes of October 15 reflect that he abstained from voting on Consent Calendar Item 4a regarding Mayor compensation. The motion passed 6-0, except for Item 4a Motion passed 5-1 (Jacobs abstained). 5. Boards and Commissions -None 6. Public Hearings 6a. Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, Nuisance Abatements, False Alarms, Sidewalk Snow Removal and Other Miscellaneous Charges. Resolution No. 07-111 Mr. DeJong presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. Councilmember Sanger suggested looking at the current policy practices and the possibility of charging twice a year. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to adopt Resolution No.07-111, to assess delinquent water, sewer, refuse and other fees and charges. The motion passed 6-0. 6b. Public Hearing and Resolution Authorizing the Issuance, Sale, and Delivery of Its Health Care Facilities Revenue Refunding Bonds (Park Nicollet Health Care Services), Series 2007A. Resolution No. 07-112 Mr. DeJong presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No.07-112, setting the 2008 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. The motion passed 6-0. City Council Meeting -3- October 15, 2007 6c. 2008 Budget and Property Owner Service Charges for Special Service District No. 1. Resolution No. 07-113 Ms. Boettcher presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 07-113, setting the 2008 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. The motion passed 6-0. 6d. 2008 Budget and Property Owner Service Charges for Special Service District No. 2. Resolution No. 07-114 Ms. Boettcher presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to adopt Resolution No.07-114, setting the 2008 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. The motion passed 6-0. 6e. 2008 Budget and Property Owner Service Charges for Special Service District No. 3. Resolution No. 07-115 Mr. Boettcher presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 07-115, setting the 2008 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. The motion passed 6-0. City Council Meeting -4- October 15, 2007 6f. 2008 Budget and Property Owner Service Charges for Special Service District No.4. Resolution No. 07-116 Ms. Boettcher presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to adopt Resolution No.07-116, setting the 2008 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. The motion passed 6-0. 6g. Public Hearing to Consider 2008 Fees. Mr. DeJong presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to approve first reading of an ordinance adopting fees for 2008 and set second reading for November 5, 2007. The motion passed 6-0. 7. Requests,Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Preliminary and Final Plat of Fretham 9th Addition (2942 Boone Avenue South). Mr. Fulton presented the staff report. Councilmember Paprocki suggested a continuation so staff, the developer and neighborhood representatives could discuss other options for the configuration of the subdivision. Councilmember Basill agreed. Curt Fretham, 15400 Highway 7, Minnetonka, stated he would be happy to work with staff and the neighborhood to improve the lots in the three-lot configuration. Mayor Jacobs asked if there was any type of deadline. Mr. Fulton indicated that the 60- day deadline was October 19, but it could be extended an additional 60 days. A resident stated concern with the number of accidents at the location and stated the police department has no record of incidents that have occurred there. She further felt that if a house were put there, it would eventually have a car through it. City Council Meeting -5- October 15, 2007 Steve Shelerud, 2910 Cavell Avenue, thanked staff and Council for their time in reviewing the property. A resident stated the County has knowledge of the accidents at this location. Barbara McAdams, 8745 Minnetonka Avenue, stated she had witnessed several accidents. Mr. Harmening suggested moving the north/south lot line of Lot 3 to the west, which would require a lot area variance. Ms. McMonigal reiterated that Council's direction was to have staff and the developer work toward a better design for the three lot configuration and work with neighborhood representatives at a future neighborhood meeting. It was moved by Councilmember Paprocki, seconded by Councilmember Sanger, to postpone consideration of the preliminary and final plat of Fretham 0 Addition. The motion passed 6-0. 8b. Appeal Hearing of rental license suspensions for three non-owner occupied properties; 2621 Xylon Avenue South (License #12335), 8300 Virginia Circle N (License #12336) and 2500 Quebec Avenue South (License #12337) — Mr. Michael Zurbrigen. Mr. Harmening presented the staff report. Mr. Zurbrigen, 1604 Fairway Lane, stated he was a disabled person and thanked Council for the opportunity for allowing him to speak. He wished to appeal the Administrative Hearing action that affirmed his rental license suspensions for the three properties operated as group homes for the disabled. He felt the City was is in violation of the Federal Fair Housing Act, 42 U.S.C., sections 3601 and Title II of the American Disabilities Act, 42 U.S.C, section 12131 and that he had been discriminated against. He stated there was no doubt or contest to the facts that give cause to his violation, stating the property taxes for the three properties were not current. Mr. Zubringen stated the objects preventing him from being in compliance were because of his financial ability to comply. He asked that the City grant him an accommodation to the zoning policy, which limits his ability to comply with 8-188; and stay the suspension of all licenses until such a time that an agreeable solution could be worked out between the parties. He felt the reason why the taxes were not paid was because the City was unwilling to remove the blocks that they imposed on making these homes economically viable. He stated if he could not work this out at this level, his only option would be to file a claim with the Department of Justice and to sue in Federal Court. He further stated he would do whatever he could to help the process along and work this matter out. Councilmember Carver asked how much he charged per resident. Mr. Zubringen stated the program fee is $485 per person with a total of $23,280 per year. Councilmember Carver asked Mr. Zubringen if they were doing drug screening at each home and at what time intervals. Mr. Zubringen stated they were doing screenings, but there are no certain time intervals. Councilmember Carver asked who runs the homes. Mr. Zubringen stated City Council Meeting -6- October 15, 2007 they were not a daycare or night-care facility, stating the residents were accountable to each other. Councilmember Carver asked Mr. Zubringen what the new business he recently started was. Mr. Zubringen stated lawn and property maintenance for banks, nationally, in foreclosure. Councilmember Finkelstein stated he has the utmost respect for those in recovery, but part of recovery is accountability. He stated in his experience as an attorney that he was not aware of anything from the ADA or FHA allowing a free pass for not paying property taxes. Mr. Zubringen agreed. Councilmember Finkelstein stated they were not discriminating, but enforcing the laws that taxes must be paid and enforcing the zoning laws that apply equally to everyone. He stated Mr. Zubringen did not get to determine what taxes to pay, when to pay them and how many people should live in a house. He stated the ordinance was not directed toward sober houses, the City encouraged people to go through recovery. He further suggested directing the City Attorney to prepare the next step in the process. Councilmember Carver stated he felt Mr. Zubringen was challenging the ordinance, which really had nothing to do with paying the taxes. Councilmember Carver stated Mr. Zubringen should be considerate of the neighbors who do pay their taxes. He further stated he has found several incidents over past year where the police had been called to these houses. He stated Mr. Zubringen's goal is admirable but not being executed well and is skeptical of the numbers provided to Council. He further suggested selling one home to pay the property taxes and arrears on the other two properties. Councilmember Carver agreed with Councilmember Finkelstein, stating they were not discriminative, but that everyone in the City is expected to pay taxes and bills. Councilmember Carver went on the state the City has the power to regulate health, safety and welfare within their boundaries, stating the statute was within the boundaries of that power. Councilmember Carver further stated that he would be voting in favor of the motion, making a Finding of Fact consistent with the Administrative Hearing decision of the City Manager. Councilmember Sanger asked if he had paid the second half of the property taxes due on these properties. Mr. Zubringen stated that all the properties on all three properties are not current. Councilmember Sanger stated she would be supporting the findings of the City Manager and was in agreement with the comments made by Councilmember Carver and Councilmember Finkelstein, stating Mr. Zubringen should be held accountable and responsible for payment of his taxes. She further noted there would be no practical reason to grant a deferred payment schedule. Mr. Zubringen stated he agreed he needs to pay taxes, but his argument is the City had not provided reasonable accommodation so the houses could be self-supporting. Mr. Scott suggested revisiting the reasonable accommodation issue with the additional materials submitted. Councilmember Paprocki stated he is in support of group homes and thanked Mr. Zubringen for all the good work he does,but the management end is not working for him. He further stated that he felt it would be an unreasonable accommodation to have seven or eight grown adults in a house. City Council Meeting -7- October 15, 2007 Mayor Jacobs stated that other group homes were subject to the same restrictions as Mr. Zubringen, have paid their taxes and felt Mr. Zubringen's request was unjustifiable and stated he would be in support of the motion. It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to direct City Attorney to look into the reasonable accommodation issue and prepare proposed findings and decision for City Council's consideration at the November 5th Council meeting. The motion passed 6-0. 9. Communications Mayor Jacobs thanked the staff for their work on the successful Community Clean-Up Day. Councilmember Paprocki reminded residents to be cost efficient by checking their car tire pressure, furnaces and sealing windows. 10. Adjournment The meeting adjourned at 9:01 p.m. Nancy Stroth, City Clerk Jeff ac.i's, 4 yor