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HomeMy WebLinkAbout2007/06/18 - ADMIN - Minutes - City Council - Regular OFOFFICIAL MINUTESfSAOUIS RK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 18, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, and Susan Sanger. Councilmembers absent: C. Paul Carver. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Coordinator (Mr. Zwilling), Inspections Director (Mr. Hoffman), Parks & Recreation Director (Ms. Walsh), City Clerk (Ms. Stroth), Police Chief(Mr. Luse), Asst. Zoning Administrator (Mr. Momson) and Recording Secretary(Ms. Schmidt). 2. Presentations 2a. Service Recognition Al Luedtke 27 Years Mayor Jacobs recognized Al Luedtke for his excellent and dedicated service in the Parks and Recreation Department since November 1979. 2b. Proclamation Japs Olson 100`h Anniversary Mayor Jacobs read and presented Proclamation to Michael Beddor of Japs Olson for celebrating its 100`h year Anniversary. 2c. Life Saving Commendation Mayor Jacobs presented Anthony Troy and Kenneth Callahan-Boudereaux with Citizen Commendations for their lifesaving efforts, rescuing two juvenile males who fell through the ice on Victoria Lake. 3. Approval of Minutes 3a. Study Session Minutes of May 29,2007 It was noted on page 2, second paragraph, third sentence, it should state. "Councilmember Finkelstein stated they shouldn't allow people to misuse the system." The minutes were approved as amended. 3b. City Council Minutes of June 4, 2007 The minutes were approved as presented. Council Meeting Minutes -2- June 18, 2007 3c. Study Session Minutes of June 11,2007 It was noted on page 1, seventeenth paragraph, it should state: "... to have staff pursue a second off leash dog park,just west of the Louisiana Avenue water tower." The minutes were approved as amended. 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. Second Reading of Ordinance No. 2332-07 Amending City Code Section 8-257, , Establishing a Class S License for Seasonal Concession Food Stands. 4b. Motion to Approve Temporary On-Sale Intoxicating Liquor License for Frank Lundberg American Legion Post 282, 5605 W. 36th Street. 4c. Motion to Reject All Bids Received for the Purchase of an Asphalt Paver and Authorize Re-bid with Revised Specifications. 4d. Motion to Approve Agreement with Benilde-St. Margaret for Tennis Courts at Aquila Park. 4e. Motion to Authorize Execution of Joint Powers Agreement Between the City of Edina and the City of St. Louis Park to Establish the Responsibilities of the Cities Concerning the Sale of Water by St. Louis Park to Customers in Edina. 4f. Motion to Approve Resolution No. 07-070 Accepting Work on Edgebrook Park Trail Improvement Project 2004-0301. 4g. Bid Tabulation: Motion to Designate Insituform Technologies USA, Inc. the Lowest Responsible Bidder and Authorize Execution of Contract with the Firm in the Amount of$157,788.00 for Project Nos. 2006-2200 and 2007-2200. 4h. Motion to Accept for Filing Planning Commission Minutes 051607. 4i. Motion to Accept for Filing Police Advisory Commission Minutes 050207. 4j. Motion to Approve Resolution No. 07-071 Recognizing the Contributions of and Expressing Appreciation to Al Luedtke. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar The motion passed 6-0. 5. Boards and Commissions-None Council Meeting Minutes -3- June 18, 2007 6. Public Hearings 6a. First Reading Request for Vacation of a Portion of the 26`h Street Right-of- Way (2548,2552 Monterey Avenue South). Mr. Momson presented the staff report. Mayor Jacobs opened the public hearing at 7:40 p.m. Mr. Ferraro, owner and applicant of 2552 and 2548 Monterey Avenue South, stated he was available for any questions. Councilmember Finkelstein asked if this vanance was approved, could it make it easier to sub-divide in the future. Mr. Morrison stated the applicant had an application earlier this year to divide the parcel into two; however, the applicant withdrew that application and decided to create one lot. He also stated that a variance would still be needed if they wanted to create a second lot. Councilmember Finkelstein asked if the applicant could apply for a second variance in the future. Mr. Morrison stated yes, they could. Mr. Ferraro stated he has submitted plans for a major renovation to the existing home, stating there would be no space to divide the parcel. Councilmember Finkelstein asked if he was the owner of the post-modem home on Inglewood Avenue, stating it took about seven years to complete that project. Mr. Ferraro stated that was correct, it was a lengthy project and that would not be the case here. Councilmember Finkelstein asked Mr. Ferraro if they denied the variance, would he still go ahead with the building project. Mr. Ferraro stated there is nothing to keep him from going ahead stating the reason for the vacation easement was for landscaping. Jerel Shapiro, 2516 Monterey Avenue South, stated concern over the possibility of it being sub-divided in the future. He also stated the house is an eye sore and would like some sort of agreement stating work would get done in a timely fashion. Councilmember Paprocki addressed Mr. Shapiro's concern, stating future sub-division would require another vanance request for Council approval. Councilmember Sanger stated support for the request and thanked Mr. Ferraro for listening to the neighbors concern and not building two houses on the site. Ms. Lasky, 2506 Monterey Avenue South, asked if they are using the footprint of the house. Mr. Ferraro stated they are using a portion of it. A resident from Lynn Avenue stated support for the house and indicated the center triangle allowed for a safe intersection. Mayor Jacobs closed the public hearing at 7:55 p.m. Council Meeting Minutes -4- June 18, 2007 Councilmember Sanger asked if once the permit was issued, would it need to be completed within a year. Mr. Hoffman stated the exterior of home must be completed within one year from date of issuance of the permit. Mr. Ferraro stated they've owned the property for about ten months and have been going through the process to see what needs to be done. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve First Reading of Ordinance Vacating a Portion of the 26`h Street West Right-of- Way, subject to the imposition of appropriate easement for utility and drainage purposes Councilmember Finkelstein stated his understanding was that the applicant could improve the property without the vacated property. He also stated that he is not confident the applicant will complete this project in a timely manner, stating it took him several years to complete the Inglewood project. He stated he was in opposition of this request. The motion passed 5-1 (Councilmember Finkelstein opposed) 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amending City Code Rental Housing Section 8- 327 Required Application Information and Adding Sections 8-328 Crime Free/Drug Free Training, 8-331 Crime Free/Drug Free and Disorderly Use Lease Requirements and 8-332 Administrative License Violation Fee. Mr. Hoffman and Chief Luse presented the staff report. The program is designed to be an effective and efficient tool in partnering with rental property owners to maintain crime and drug free housing in the City and may have gone through an extensive public process with the stakeholders. Mr. Zurbrigen, 1604 Fairway Lane, owner of three single-family homes that are used for group homes, stated support for the ordinance but is concerned how the ordinance would apply to his situation. He stated his program participants do not rent or lease and that they sign a behavior contract allowing them to stay in the house. Mr. Scott stated that if someone wants stricter conditions in addition to the ordinance it would be acceptable. Mayor Jacobs asked if the ordinance would be in violation of Mr. Zurbrigen's behavior contract. Mr. Zurbngen inquired if he would he be in violation of not having a lease, and asked for an exclusion for group home operators that have a contract that supersedes the ordinance. Mr. Scott stated the ordinance requires the ordinance be included as part of the behavior contract, a written contract that has these provisions stated. Councilmember Sanger stated this ordinance requirement would not impact any other kind of contract with those who live in the household. Council Meeting Minutes -5- June 18, 2007 Councilmember Paprocki asked Mr. Zurbngen if one person violates the behavior contract, would the others in the house be compromised. Mr. Zurbrigen stated they would find the violator immediate shelter away from the property, and that the others in the house would not be compromised. Mr. Scott stated each behavior contract would be subject to the ordinance provision. Mayor Jacobs and Councilmember Basill suggested Mr. Zurbrigen work with staff to further review the language in relationship to group home programs. Mr. Lasky, 2506 Monterey Avenue, asked to be exempt from the eight hour training class that is required for renters. He stated he gifted the house to his daughter and they now rent it back. Mayor Jacobs suggested staff look more into this type of exemption. Mr. Putnum, 3272 Hillsboro Avenue, suggested stricter license requirements and concern with the property maintenance requirements. He suggested the landlord be held accountable with the first offense. Mr. Hoffman stated the license fee includes the property license inspection, stating this ordinance would become a condition of the license. Mr. Putnum inquired about single family owner occupants in violation. Chief Luse stated they are trying to deal with the behavior. Mr. Putnum said if the tenants have to be kicked out, the same should apply to owners. He asked that everyone be treated equally. Councilmember Sanger stated the property maintenance code applies equally to single- family housing. Mr. Miller, a current landlord, stated he felt penalized for being a good landlord. Ms. Grove, Minnesota Multi-Housing Association reminded Council that the actual eviction might take longer than is anticipated. She also stated concern with the fact that some people may be evicted that should not be. She questioned the language on page 4, 8-331-a3c. ...proceeding with termination with tenancy of all tenants occupying the unit. She urged Council to not get rid of"good" tenants because of one person's actions in the unit who may or may not actually be residing there. Mayor Jacobs suggested staff look into this further. Mr. Scott stated it applies to anyone at the premises if criminal activity takes place, requiring termination of all tenants. Ms. Miller stated tenants are being treated unjustly and suggested treating single family owners the same as the landlord/tenants. Councilmember Finkelstein stated the data has shown that there were more problems with non-owner occupied versus single-family owner-occupied homes. Councilmember Finkelstein stated it is not being done based on discrimination. Ms. Miller felt it unjustly was. Councilmember Finkelstein stated it was studied very carefully, stating it's been successfully adopted in other cities. Councilmember Paprocki stated the difference is someone owning the house and someone who is a tenant. Mr. Vos, 3620 Kipling Avenue South, suggested licenses get evoked at the first offense. Council Meeting Minutes -6- June 18, 2007 Mr. Anderson, 3000 and 3006 Monterey Avenue South, suggested property owners run a criminal background check pnor to renting. He also asked what constituted a violation. Mr. Hoffman stated a tenant who violated the ordinance would trigger a notice to the landlord and in accordance to the ordinance; they would start the eviction proceedings. Mr. Anderson asked what would happen if a landlord did not attend the training. Mr. Hoffman stated failure to attend could result in not having a license. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve first reading of an amendment to City Code Section 8, Article II, establishing a crime and drug free rental housing program and requirements as part of rental unit business licensing and set 2"1 reading for not later than July 16, 2007, suggesting staff research 1)family relationship leasing 2) behavior contract language 3) eviction of all tenants because of one tenant. The motion passed 6-0. Communications Mayor Jacobs thanked the Parktacular Committee, City staff and volunteers for their work and enormous efforts involved, stating it was fantastic. He also reminded everyone of the fireworks on the 4th of July at Aquilla Park. Councilmember Finkelstein also thanked the Committee for their great work on the Parktacular event, stating the increased participation was incredible. 9. Adjournment The meeting adjourned at 9:10 p.m. ---)104/cu Nancy Stroth, City Clerk Jeff aco , ayor