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HomeMy WebLinkAbout2011/10/17 - ADMIN - Minutes - City Council - Regular Jif St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA OCTOBER 17,2011 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Anne Mavity, Paul Omodt, Julia Ross, Susan Sanger, and Sue Santa. Councilmembers absent: Phil Finkelstein. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Deputy City Manager/Director of Human Resources (Ms. Deno), Communications Coordinator (Mr. Zwilling), Director of Public Works (Mr. Rardin), Finance Supervisor (Mr. Heintz), Inspection Services Manager (Ms. Boettcher), Public Works Operations Supenntendent (Mr. Hanson), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Acceptance of Monetary Donation from St. Louis Park Historical Society for Improvements to the Depot at Jorvig Park Mayor Jacobs presented the City with a flag donated to the City by Senator Franken in commemoration of the City's 125`h birthday. He congratulated the St. Louis Park Historical Society for their efforts in putting together a great event yesterday and indicated the event will be rebroadcast on cable and the City's website. He requested that the flag by flown at City Hall or the Police Station and then given to the St. Louis Park Historical Society. He stated that Senator Klobuchar attended the 125th birthday celebration, along with former Mayors Phyllis McQuaid, Gail Dorfrnan, and Lyle Hanks. Mr. John Olson, President of the St. Louis Park Historical Society, appeared before the City Council and introduced trustees Jeanne Andersen, Kathy Johnson, Faye Ross, Henry Solmer, Sue Ainsworth, and Doug Johnson. He stated that renovations were done to the Depot at Jorvig Park this summer and invited residents to attend an open house at the Depot on Saturday, October 29`h, from 1:00-4:00 p.m. He then presented a donation from the Historical Society to be used to help pay for the cost of the Depot renovations. Mayor Jacobs expressed the City Council's thanks to the St. Louis Park Historical Society for their generous donation. 3. Approval of Minutes 3a. Special Study Session Minutes of September 19, 2011 The minutes were approved as presented. City Council Meeting -2- October 17, 2011 3b. Study Session Meeting Minutes of September 26, 2011 The minutes were approved as presented. 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. Designate Visu-Sewer, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $109,605.00 for the 2011 Sanitary Sewer Mainline Rehabilitation Project- Project No. 2011-2200. 4b. Adopt Resolution No. 11-098 accepting work and authorizing final payment in the amount of$1,246.21 for the Micro-Surfacing on Monterey Drive, Contract No. 111-08. 4c. Adopt Resolution No. 11-099 accepting donation from St. Louis Park Historical Society in the amount of $3,880 to assist with the funding of HVAC and insulation improvements in the Jorvig Park Depot. 4d. Approve a Temporary On-Sale Intoxicating Liquor License for Job's Daughters Foundation of Minnesota for an event to be held on Saturday, October 29, 2011 at Paul Revere Masonic Center at 6509 Walker Street in St. Louis Park. 4e. Adopt Resolution No. 11-100 authorizing the special assessment for the repair of the sewer service line at 1401 Flag Avenue South, St. Louis Park, MN - P.I.D. 06-117-21-32-0102. 4f. Approve for filing Telecommunication Commission Minutes August 25, 2011. 4g. Approve for filing Planning Commission Minutes September 21, 2011. 4h. Approval of Filing of Vendor Claims. It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Finkelstein absent). 5. Boards and Commissions-None 6. Public Hearings 6a. Public Hearing—Intoxicating On-Sale Liquor License—Thanh Do Ms. Stroth presented the staff report and advised that Thanh Do has made application for an on-sale intoxicating liquor and Sunday license, which is an upgrade to their current wine liquor license. She reported that the findings of the police investigation showed the licensee has no criminal record, however, the licensee has two other establishments which reported a compliance incident in 2008 related to selling to a minor that was not disclosed in the license application, as well as a permit violation with the City of Minneapolis. She noted that the applicant has cooperated fully dunng the City's City Council Meeting -3- October 17, 2011 investigation and the compliance issues were discussed at length with Lt. Harcey and staff is recommending approval of the liquor license upgrade at this time. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public heanng. Councilmember Sanger indicated it was her understanding that one of the criteria for eligibility for a liquor license is the requirement that the applicant be current on payment of all liquor taxes. She asked if an applicant is considered to be in compliance if they are making payments on liquor taxes pursuant to a payment plan. Ms. Stroth replied in the affirmative and stated that the applicant is currently on a payment plan with the State for payment of liquor taxes. Councilmember Santa asked if the applicant would automatically lose their liquor license if they fall behind on their payments to the State. Ms. Stroth replied that this is correct and added that the State of Minnesota, not the City, is responsible for monitoring these payments. It was moved by Councilmember Santa, seconded by Councilmember Ross, to approve application from Thanh Do, Inc., dba Thanh Do for an on-sale intoxicating liquor license for their establishment located at 8028 Minnetonka Boulevard for the remainder of the license term through March 1, 2012. The motion passed 6-0 (Councilmember Finkelstein absent). 6b. Consolidated Public Hearing (1) 2012 Budget&Property Owner Service Charges for Special Service District No. 1 (2) 2012 Budget&Property Owner Service Charges for Special Service District No 2 (3) 2012 Budget&Property Owner Service Charges for Special Service District No 3 (4) 2012 Budget&Property Owner Service Charges for Special Service District No. 4 (5) 2012 Budget&Property Owner Service Charges for Special Service District No. 5 (6) 2012 Budget&Property Owner Service Charges for Special Service District No. 6 Resolution Nos. 11-101, 11-102, 11-103, 11-104, 11-105, 11-106 Mr. Harmening presented the staff report and introduced Mark Hanson, Public Works Operations Superintendent. He advised that the City has moved oversight of the Special Service Districts to Public Works following some reorganization within the Facilities Division of the Inspections Department. Mr. Hanson stated that the policies and procedures currently in place for the Special Service Districts will not be changed and will continue to use the same budgeting methods. He indicated that the City has given all property owners a chance to review the 2012 budgets and proposed service charges and all budgets and service charges were approved by the Special Service District Advisory Board. He advised that Special Service District No. 1 is the City's oldest and largest district and is located along Excelsior Boulevard from Quentin Avenue to Highway 100 and along Park Center Boulevard and Monterey Drive. He stated the proposed 2012 budget is $126,672 and the proposed 2012 service charge is $126,672. City Council Meeting -4- October 17, 2011 Mr. Hanson advised that Special Service District No. 2 is located along Excelsior Boulevard from Monterey Drive/38th Street to France Avenue. He stated the proposed 2012 budget is $46,534 and the proposed 2012 service charge is $38,534. Mr. Hanson advised that Special Service District No. 3 is located along Excelsior Boulevard from Quentin Avenue to Monterey Drive/38th Street. He stated the proposed 2012 budget is $63,600 and the proposed 2012 service charge is $55,600. Mr. Hanson advised that Special Service District No. 4 is located along Excelsior Boulevard west of Highway 100 to Louisiana Avenue. He stated the proposed 2012 budget is $38,664 and the proposed 2012 service charge is $14,664. Mr. Hanson advised that Special Service District No. 5 is located along Park Place Boulevard between I-394 and Cedar Lake Road. He stated the proposed 2012 budget is $26,698 and the proposed 2012 service charge is $12,698. Mr. Hanson advised that Special Service District No. 6 is located along 36th Street W. from Wooddale Avenue to Highway 100. He stated the proposed 2012 budget is $24,655 and the proposed 2012 service charge is $16,655. Mr. Harmening noted that in some cases the service charges are less than the budget because the fund balance in those Special Service Districts is strong and part of the fund balance will be used to help pay for those Special Service Districts with strong fund balances, consistent with the City's goal of maintaining a 50% fund balance. He added that this may not always be the case and may change from year to year. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-101 Approving 2012 Budget and Service Charges for Special Service District No. 1. The motion passed 6-0 (Councilmember Finkelstein absent). It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-102 Approving 2012 Budget and Service Charges for Special Service District No. 2. The motion passed 6-0 (Councilmember Finkelstein absent). It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-103 Approving 2012 Budget and Service Charges for Special Service District No. 3. The motion passed 6-0 (Councilmember Finkelstein absent). City Council Meeting -5- October 17, 2011 It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-104 Approving 2012 Budget and Property Owner Service Charges for Special Service District No. 4. The motion passed 6-0 (Councilmember Finkelstein absent). It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-105 Approving 2012 Budget and Service Charges for Special Service District No. 5. The motion passed 6-0 (Councilmember Finkelstein absent). It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 11-106 Approving 2012 Budget and Property Owner Service Charges for Special Service District No. 6. The motion passed 6-0 (Councilmember Finkelstein absent). 6c. Public Hearing for Assessment of Delinquent Utilities, Tree Removal/Injection, Mowing, False Alarms, and Other Miscellaneous Charges. Resolution No. 11-107 Mr. Heintz presented the staff report and explained the process used by the City in collecting overdue invoices for various City services. He stated that letters were sent in September to each of the customers notifying them of the delinquent amount and of this public hearing. He advised that as of the close of business today, there were 1,284 accounts representing a total of$700,959.80 in delinquent charges. He indicated that at the end of the certification process, any outstanding balances are sent to the County for collection as part of the property tax bill. He noted that the City will continue to attempt to collect payments and answer customer questions until the deadline of 4:30 p.m. on November 4, 2011. Mayor Jacobs opened the public hearing. A resident appeared before the City Council on behalf of his mother who is disabled and presented the City with a letter stating his mother's intent to pay the outstanding balance. The resident stated his mother has a strong desire to pay but cannot pay the balance due all at once and is currently saving money in order to pay the bill. Councilmember Ross stated that families are experiencing tough economic times and questioned whether a payment plan could be worked out through the City or the County. Mr. Heintz indicated it has not been the City's practice to make payment arrangements with customers and as long as the balance is paid in full by November 4`h, the amount will not be certified to the County. Councilmember Sanger expressed concern about the overall process used by the City and stated there seem to be more customers every year who do not pay their invoices until such time as the City sends them a letter about certifying the delinquent amount. She questioned the City's system which permits invoices to remain unpaid for many months City Council Meeting -6- October 17, 2011 before sending letters notifying the property owners that they are delinquent. She requested further information about what the City does when someone has not paid their invoice, including the types of notices sent, late fees, and accruing interest on the debt. She requested that the City review its procedures to see what can be done to tighten up the notification process. Mr. Heintz advised that the City does not wait until the end of the year to collect delinquent accounts and customers receive a quarterly bill. He indicated that the City charges a 10% penalty on each delinquent bill and no interest is charged. He noted that if the delinquent amount is placed on the property tax bill, interest at 5.85%is added. Councilmember Mavity acknowledged Councilmember Sanger's concerns but felt that these are extraordinary times and that most residents will pay when they can. She did not agree with the assessment of a penalty on top of the outstanding balance and asked that the City consider ways to help residents do more in terms of conservation and to partner with residents in finding ways to reduce their costs. Mayor Jacobs closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Omodt, to adopt Resolution No. 11-107 Levying Assessment for Delinquent Utility Accounts, Tree Removal/Injection, False Alarm Fees and Other Miscellaneous Charges. The motion passed 6-0 (Councilmember Finkelstein absent). 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. ParkAlert Citizen Notification System Policy Mr. Zwilling presented the staff report and proposed policy regarding the ParkAlert Citizen Notification System. He advised that the ParkAlert system represents a new tool to enhance the City's communications with residents and businesses. He indicated the ParkAlert system is an emergency notification system that would provide phone calls to telephone numbers listed in the St. Louis Park White Pages and others who choose to opt in and would notify them of significant emergencies, as outlined in the proposed policy. He explained that residents also have the option of opting in to the system for non- emergency notifications ranging from road closures to a significant public meeting. He indicated that the ParkAlert system would be offered beginning November 1st and the City intends to use the system sparingly. Councilmember Sanger asked what assurances can be given by the City that data provided by residents will be protected. Mr. Zwilling stated that a privacy policy will be available on the City's website and added that any data provided to the City is not considered public data; any information provided will not be sold, used, or shared by the City or by the company providing the ParkAlert service. City Council Meeting -7- October 17, 2011 It was moved by Councilmember Mavity, seconded by Councilmember Omodt, to adopt the ParkAlert Citizen Notification Policy. Councilmember Sanger stated that the ParkAlert system provides an effective tool for notifying residents when a snow emergency parking ban is imminent, but the community should not rely solely on the City's ParkAlert system for these notifications and residents should take their own initiative to find out when a snow emergency is going into effect. Councilmember Mavity reminded residents that snow emergencies occur when there is 3"or more of snow on the ground. The motion passed 6-0 (Councilmember Finkelstein absent). 9. Communications Councilmember Santa reminded residents of the 30`h annual Halloween party on Friday, October 21S`, and Saturday, October 22nd, from 6.30-9:00 p.m. at Westwood Nature Center. She stated that a Halloween party will also be held at the Rec Center on Friday, October 28th and volunteer opportunities are available. 10. Adjournment The meeting adjourned at 8:04 p.m. -/T1-2{ Nancy Stroth,i ity Clerk Jeff,dac s a r