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HomeMy WebLinkAbout2012/03/05 - ADMIN - Minutes - City Council - Regular IIf St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MARCH 5, 2012 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). la. Pledge of Allegiance Girl Scout Troop 10586 led the Pledge of Allegiance. lb. Roll Call 2. Presentations 2a. Proclamation—St. Louis Park Girl Scout Day, March 12, 2012 Mayor Jacobs recited the Proclamation designating March 12, 2012, as "St. Louis Park Girl Scout Day"to honor the 100t Anniversary of Girl Scouting. 3. Approval of Minutes 3a. Study Session Meeting Minutes February 13,2012 Councilmember Sanger requested that the fifth full paragraph on page 4 be revised to state "Mayor Pro Tern Sanger shared Councilmember Mavity's concerns about France Avenue and did not want to see France Avenue or Inglewood extended over the railroad tracks. She requested further clarification regarding the frontage road for Highway 100." Councilmember Mavity requested that the third sentence of the fifth paragraph on page 5 be revised to state "It was also the consensus of the City Council that a France Avenue connection south to Excelsior Boulevard should not be pursued and other alternatives should be addressed, including a possible extension of 32° Street." The minutes were approved as amended. 3b. City Council Meeting Minutes February 21, 2012 The minutes were approved as presented. City Council Meeting -2- March 5, 2012 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. Adopt Resolution No. 12-037 approving the Preliminary and Final Plat of Minnetonka Terrace Apartments, subject to conditions recommended by staff. 4b. Motion to waive Second Reading and Adopt Ordinance No. 2411-12 amending the City Charter pertaining to Civil Penalties, and authorize publication. 4c. 'Adopt Resolution No.12-038 identifying the need for Metropolitan Council Transit Oriented Development (TOD) funding and authorizing an application for grant funds. •Adopt Resolution No. 12-039 identifying the need for Hennepin County TOD funding and authorizing an application for grant funds. 4d. 'Approve project and Adopt Resolution No. 12-040 authorizing entering into a cooperative agreement with the Minnesota Department of Transportation (Mn/DOT) and Soo Line Railroad Company (Canadian Pacific Railway) for Project No. 2012-1304 (West Lake Street and Library Lane Railroad Crossing). 'Approve project and Adopt Resolution No. 12-041 authorizing entering into a cooperative agreement with the Minnesota Department of Transportation (Mn/DOT) and Soo Line Railroad Company (Canadian Pacific Railway) for Project No. 2012-1305 (Alabama Avenue Railroad Crossing). 4e. Adopt Resolution 12-042 to approve St. Louis Park Lions Club's request for placing temporary signs in the public right-of-way. 4f. Accept a donation from Donna L. Hill in the amount of$50 for youth programs at Westwood Hills Nature Center. 4g. Approve for Filing Vendor Claims. 4h. Approve for Filing Human Rights Commission Meeting Minutes January 17, 2012. Councilmember Mavity noted that the City Council will take action this evening with respect to appointments to Boards and Commissions. It was moved by Councilmember Sanger, 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 7-0. 5. Boards and Commissions Councilmember Mavity stated that Council has been interviewing candidates over the past three weeks and the City is fortunate to have so many well-qualified residents interested in serving on the City's Boards and Commissions. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to make the following appointments: City Council Meeting -3- March 5, 2012 o Anthony Marrie to the Community Education Advisory Council; O Rhoda Quick and Rashmi Seneviratne to the Human Rights Commission; o Nate Holm to the Police Advisory Commission; and o Cindy Hoffman to the Telecommunications Advisory Commission. The motion passed 7-0. 6. Public Hearings-None 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Resolution Approving 2012-2013 Law Enforcement Labor Services, Inc. (LELS) Local#206 Police Officers Labor Agreement Resolution No. 12-043 Ms. Deno presented the staff report and the 2012-2013 contract with Local #206. She explained that the terms of this contract are consistent with the other labor agreements and includes a 2% wage increase in 2012 and 2013, no increase in the 2012 employer contribution for health insurance, the employer contribution for health insurance will be consistent with other groups in 2013, and this group will continue participation in the City's wellness incentive programs. She stated the deferred compensation program is consistent with other settled groups and includes a City contribution of $10 per pay period with a minimum employee contribution of$50 per pay period. She indicated the long term disability is a new benefit for this group and is consistent with other groups. She stated that the contract for this group includes new language providing double time pay for officers working on Thanksgiving or Christmas Day if they are called in to work. Councilmember Santa asked if ING was a provider of benefits to the City. Ms. Deno replied that ING is a deferred compensation provider. Councilmember Santa advised she would abstain from voting due to her employment with ING which causes a conflict of interest. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to adopt Resolution No. 12-043 Approving the Labor Agreement between the City of St. Louis Park and Law Enforcement Labor Services, Inc., Local#206 Police Officers -January 1, 2012—December 31, 2013. Councilmember Sanger congratulated Ms. Deno and City staff for reaching agreement on all of the City's contracts. The motion passed 6-0-1 (Councilmember Santa abstained). , 8b. Deferred Compensation Employer Contribution for Non-Union Employees Resolution No. 12-044 City Council Meeting -4- March 5, 2012 Ms. Deno presented the staff report and advised that the deferred compensation program offered to the union groups is being extended to the City's non-union employees. She stated this program is intended to incent employees to save for their future and the City contributes $10 per pay period with a minimum contribution by the employee of$50 per pay period. She indicated the City's intent is to have all employees on the deferred compensation program, including the City Manager, and asked that the resolution be revised to make clear that the City Manager participates in the deferred compensation plans offered by the City. She noted that ING is a provider of this benefit. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 12-044 Approving Deferred Compensation Employer Contribution for Non-Union Employees, as amended to include the applicability of this program to the City Manager. The motion passed 6-0-1 (Councilmember Santa abstained). 8c. "Recognition of Marriage" Constitutional Amendment Resolution No. 12-045 Ms. Deno presented the staff report. Councilmember Spano stated when he and his wife moved to St. Louis Park, they found a very open and welcoming community. He stated that Council's passage of the domestic partner registry is an example of the City's affirming values of openness and tolerance across the community. He felt the proposed Recognition of Marriage Constitutional Amendment is a mean-spirited and hateful attempt to codify discrimination in the State's Constitution and could not speak more strongly against it. He indicated that similar resolutions were passed in Duluth, Minneapolis, and St. Paul and urged St. Louis Park to adopt the proposed resolution. Mr. Scott Brush, 3857 Brookview Drive, appeared before the City Council and expressed support for the proposed resolution. He stated he and his partner have lived in St. Louis Park for twenty of their thirty years together and they are the proud possessors of St. Louis Park's domestic partner registry #0001. He added he and his partner applaud and thank the Mayor and City Council for having the courage to adopt this resolution which reinforces that the many same sex couples of St. Louis Park are equal in rights and responsibilities to their neighbors. Ms. Janice Goldstein, 4730 Park Commons Drive, appeared before the City Council and stated her son and his partner have been together for twelve years and she is sad that their love and commitment is not as equal as their daughter and her husband. She stated faith teaches that all are created in the image of God and this Constitutional Amendment would lessen the status of gay men and women. She added this is a religious issue that some oppose and others do not and is a matter for each individual, church, or faith group, but is not appropriate as a Constitutional Amendment that would enshrine the beliefs of one group over the others. Ms. Laura D'Ambrosio, 2708 Inglewood Avenue So., appeared before the City Council and expressed support for the resolution. She noted that this does not change the current law on the books but it sends a message. She stated that to take this additional step as a City Council Meeting -5- March 5, 2012 Constitutional Amendment just enshrines bigotry, hatred and discrimination, which is fundamentally wrong in our democracy. She commended the City Council for taking up this issue. Ms. Karmit Bulman, 2913 Monterey Avenue So., appeared before the City Council and commended the City Council for taking this action. She stated she is proud to be a St. Louis Park resident and indicated that 800 Jews got together last Saturday in Minnetonka and rallied for what they are going to do to make sure the Recognition of Marriage Constitutional Amendment does not pass. She noted that Minnesota would be the first in the country to say no, while 29 other states have already said yes to the Recognition of Marriage Constitutional Amendment. She felt it was important for cities to take a stand and get the word out and the resolution will get people talking about how to allow people who love each other to have the same rights. She thanked the City for taking this action. Ms. Pam Rykken, 3309 Glenhurst Avenue So., appeared before the City Council and recited a quote from Franklin D. Roosevelt that states "The moment a mere numerical superiority by either states or voters in this country proceeds to ignore the needs and desires of the minority, and for their own selfish purpose or advancement, hamper or oppress that minority, or debar them in any way from equal privileges and equal rights -- that moment will mark the failure of our constitutional system." She encouraged the City Council to vote their values and vote in support of this resolution. Ms. Betty Shaw, 2649 Huntington, appeared before the City Council and stated it was a privilege and an honor to say how much she appreciates this City Council for bringing forth this resolution and urged the City Council to adopt it. Ms. Wendy Goldberg, 2843 Raleigh Avenue So., appeared before the City Council and thanked the City Council for all the work it does. She echoed what the other residents said and expressed opposition to the Constitutional Amendment. She indicated it was only a generation ago when the Constitution denied people the right to marry based on their skin color and the Recognition of Marriage Constitutional Amendment is not so different and opens the door for all sorts of things we do not want. She added that as a person of faith and as much as she reveres the Bible, this has no place in governing and does not represent the values this country was founded upon. Councilmember Ross stated she was supporting this resolution because it is the right thing for the City Council to do. She agreed with the public comments and indicated in looking at the State and U.S. Constitutions, the words that jump out are "We the People." She stated it does not say "We the `White' People" or "We the `Christian' People" and this affirms that the State and Federal governments exist to serve its citizens and not suppress them. She added it is a slippery slope to amend the Constitution to what some see as a morality issue and would not be a good precedent. Councilmember Sanger expressed support for the resolution and stated that this amendment, in addition to' 'attempting to enshrine discrimination against residents, diminishes all of us. She stated that to live in a state where legislators feel it is important to discriminate against other people is intolerable and she will not support the Recognition of Marriage Constitutional Amendment and urged residents not to vote in favor of the Amendment. She added she was proud that the City Council was taking this step and she would be voting in support of the resolution. City Council Meeting -6- March 5, 2012 Councilmember Mavity stated she would be voting in favor of the resolution and agreed with everything that has been said. She indicated that St. Louis Park government is really good about providing residents with basic city services and some residents may question how this resolution relates to the way the City functions. She stated there are over 500 state laws and 1,000 federal laws that convey benefits to individuals based on their marital status and as long as the government is providing benefits for marriage and at the same time denying the ability to access those benefits, it becomes a City issue and the City has an interest in making sure it is upholding its values and is not discriminating. She added that there are people who disagree with this and she respects their opinion but would fight very hard for them to defend their beliefs. Councilmember Santa stated she has heard from residents on both sides of the issue and acknowledged that this is a very emotional, visceral issue for many. She stated she has also heard many things about what this Amendment will or will not do and was surprised to learn some people think that unless this Amendment is passed, gay people were going to be able to get married, which is not true. She indicated that people of the same gender will not be allowed to marry in Minnesota whether the Recognition of Marriage Constitutional Amendment passes or does not pass. She felt there was a lot of misinformation out there and she did not feel that the Recognition of Marriage Constitutional Amendment is the place to enshrine discrimination and hatred. She added she would be supporting this resolution. Councilmember Hallfin stated that while he is 100% against the Recognition of Marriage Constitutional Amendment, he struggles with the City Council becoming political on this issue. He indicated he is voting his conscience on this resolution but wanted Council to know there are many constituents that do not think this is the business of the City. He added he agreed with the resolution and would vote in favor of it. Mayor Jacobs stated he understood this is an emotional issue. He stated the United States is not a Christian country or a Jewish country or a Muslim country and history is replete with examples of what happens when religion begins taking over government. He indicated the Constitution exists to grant benefits to people and provide the process by which benefits are obtained and does not exist to discriminate and take away those benefits. He stated that some may question why St. Louis Park is taking on an issue like this and urged residents to consider the question"if not now, when, and if not you, who?" He added this represents one of the most basic human rights possible and asked residents who should speak up, if not the City. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 12-045 in Opposition to Proposed "Recognition of Marriage" Constitutional Amendment. The motion passed 7-0. 8d. Appointments to the SWLRT Citizen Advisory Commission (CAC) It was moved by Councilmember Mavity, seconded by Councilmember Spano, to reappoint/appoint Robert Tift, Bill James, and Mathew Flory as the City of St. Louis Park's representatives to the SWLRT Citizen Advisory Committee (CAC). City Council Meeting -7- March 5, 2012 The motion passed 7-0. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to appoint Kathryn Kottke and Claudia Johnson-Madison as the City of St. Louis Park's alternates to the SWLRT Citizen Advisory Committee (CAC). The motion passed 7-0. 9. Communications Mayor Jacobs thanked everyone involved in the Home Remodeling Fair last weekend and stated the fair was well attended. Mayor Jacobs reminded residents that STEP's annual fundraiser, "Empty Bowls," will be held on Thursday, March 8th, at the Rec Center. He stated lunch will be held from 11:00 a.m. —2:00 p.m. and dinner from 4:30-7:00 p.m. Councilmember Hallfin congratulated Benilde-St. Margaret's hockey team on making it to the state championship where they will play Edina at 8:00 p.m. on Thursday night. 10. Adjournment The meeting adjourned at 8:08 p.m. Vj7G`LtD-tcr /4 I -/ NancyStroth, Clerk Jeff Jacobs M./ or Y � ,