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HomeMy WebLinkAbout2012/06/18 - ADMIN - Minutes - City Council - Regular Iif St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 18, 2012 1. Call to Order Mayor Pro Tern Sanger called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Pro Tern Susan Sanger, Steve Hallfin, Anne Mavity, Julia Ross, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs and Councilmember Sue Santa. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), City Attorney (Ms. Poehler), City Clerk (Ms. Stroth), Controller (Mr. Swanson), Finance Supervisor(Mr. Heintz), Director of Public Works (Mr. Rardin), Engineenng Project Manager (Mr. Sullivan), Director of Inspections (Mr. Hoffman), Inspection Services Manager (Ms. Boettcher), Environmental Coordinator (Mr. Vaughan), Communications Coordinator (Mr. Zwilling), Administration Intern (Mr. French), and Recording Secretary (Ms. Hughes). Guest: David Mol, CPA (HLB Tautges Redpath, Ltd.) la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. 2011 Financial Statements—Auditors Presentation and Discussion Mr. Swanson presented the staff report and introduced David Mol, CPA. He reminded Council that the auditors work for the City Council and not the City and are here to answer the City Council's questions. Mr. Mol presented the Comprehensive Annual Financial Report (CAFR) and accompanying reports issued at the conclusion of the audit, including an opinion on the fair presentation of the financial statements, a report on internal controls, a report on compliance with the Minnesota Legal Compliance Audit Guide for Political Subdivisions, and a report on communication to those charged with governance. He advised the City has received a clean, or unqualified, audit opinion on the City's 2011 financial statements. He stated the City received an award for excellence in financial reporting from the Government Finance Officers Association (GFOA) for its 2010 financial statements and the City intends to submit its 2011 CAFR as well. He indicated the report on internal controls is used to gain an understanding of the City's internal controls and includes testing of samples to confirm controls are in place. He reported that one audit adjustment was noted relative to revenue recognition. He stated the Minnesota Legal Compliance Guide requires that a sample of transactions be tested for compliance with statutory requirements and there were no findings of non-compliance. He stated the auditors are required to issue a report on communication to those charged with governance and there were no changes made to the City's policies during 2011, the auditors noted the City's OPEB obligation as an estimate based on actuarial valuations, City Council Meeting -2- June 18, 2012 two immatenal uncorrected misstatements and one material corrected adjustment was identified during the audit, there were no disagreements with management during the audit and no difficulties were encountered in performing the City's 2011 audit. Mayor Pro Tern Sanger expressed the City Council's thanks to Mr. Mol for their work on the 2011 audit. She also expressed the City Council's thanks to Mr. Swanson, Mr. Heintz, and the Finance Department staff for their efforts on behalf of the City. 3. Approval of Minutes 3a. Study Session Meeting Minutes May 29,2012 The minutes were approved as presented. 3b. Special City Council/Closed Executive Session Meeting Minutes June 4,2012. The minutes were approved as presented. 3c. City Council Meeting Minutes June 4, 2012 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 Bituminous Roadways, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$337,515.00 for the 2012 MSA Street Improvement Project, Project No. 2011-1100. 4b. Adopt Resolution No. 12-079 authorizing "No Parking" signs along the segment of Highway 169 Frontage Road that Mn/DOT is turning back to the City between 22nd Street and 23rd Street; and the removal of the existing "Stop" signs at the intersection of Highway 169 Frontage Road at 22nd Street, 22nd Lane and 23rd Street. 4c. Adopt Resolution No. 12-080 ordering the abatement of the hazardous building located at 9920 Wayzata Boulevard. 4d. Approve a Temporary On-Sale Intoxicating Liquor License for Church of the Holy Family at 5900 & 5925 West Lake Street for August 18, 2012. 4e. Approve a Temporary On-Sale Intoxicating Liquor License for St. Louis Park Public Schools Foundation, Box 26393, in St. Louis Park for an event to be held on September 29, 2012, at Warehouse Winery. 4f. Adopt Resolution No. 12-081 authorizing final payment in the amount of $117,561.05 and accepting work for the 2011 Local Street Rehabilitation - Pavement Management Area 7 Repair with Valley Paving, Inc. Project No. 2010- 1000, City Contract No. 46-11. City Council Meeting -3- June 18, 2012 4g. Adopt Resolution No. 12-082 accepting a donation from George and Pat Foulkes in the amount of$1,000 for benches to be installed by the new pond area in front of Westwood Hills Nature Center. 4h. Adopt Resolution No. 12-083 revising parking restrictions along the North Frontage Road of County Road 25 from Ottawa Avenue to Raleigh Avenue. 4i. Approve for Filing Vendor Claims. 4j. Approve for Filing Housing Authority Minutes of Apnl 9, 2012. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve the Agenda and items listed on the Consent Calendar, and to waive reading of all resolutions and ordinances The motion passed 5-0 (Mayor Jacobs and Councilmember Santa absent). 5. Boards and Commissions—None 6. Public Hearings—None 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Project Report: Traffic Signal Project - Park Center Boulevard at Park Summit- Project#2012-1306. Resolution No. 12-084 Mr. Rardin presented the staff report and introduced Jack Sullivan, the City's Engineenng Project Manager hired in February to assist the City with its CIP. Mr. Sullivan explained the City's traffic study recommended installation of a traffic signal at Park Center Boulevard and 36th Street in conjunction with the Park Summit improvements currently underway. He stated the traffic report recommended that access to Park Summit be consolidated with the access at the Parkshore Assisted Living site as well as to consolidate the Target access. He advised that in addition to the proposed access consolidation, the project will include installation of a signalized intersection with better pedestnan facilities, a 2" mill and overlay, as well as a landscaped center median and new pavement striping. He stated that approvals for the project were required from the Park Summit redevelopment, Target, and Mn/DOT and an agreement with Target will be presented to Council on July 16th that provides for cost sharing of improvements. He advised that staff reached agreement with Park Summit and Target to allow the City to keep the road and all access open during construction scheduled to begin in early August. He noted that some traffic delays are anticipated during the milling and paving operations and the project will be completed prior to the holiday shopping season. He stated that the cost of the project is $634,500 and Park Summit and Target will share 50% of the signal and access costs. He reviewed the project timeline, noting that Park Summit will be opening and occupying in early 2013 and it is anticipated the intersection will be installed in time for their spring open house. Councilmember Mavity stated that the location of the proposed signal is a short distance from the signal at 36th Street and asked how the City will assure that the two signals will City Council Meeting -4- June 18, 2012 work in concert so traffic flows smoothly through the area. She also requested confirmation that the proposed improvements will make this area safer for pedestrians. Mr. Sullivan stated the intersection has been designed to make sure the two signals are synchronized and noted the signals can be adjusted later if timing issues become apparent. He indicated the signal improvements will include an audible pedestnan signal with countdown timers as well as white zebra stripes in the crosswalk. Councilmember Mavity urged the City to have a plan in place during construction to ensure pedestrians are able to use the crosswalk safely. Mr. Sullivan noted Councilmember Mavity's concern and stated the City will work with the contractor to make sure this area remains safe during construction. Councilmember Hallfin asked if the City considered installing a roundabout in this location and requested information on cost differentials between a roundabout and signalized intersection. Mr. Sullivan explained that due to the limited right-of-way available in this location, staff felt a roundabout would not work in this location; in addition, because of the intersection's close proximity to 36th Street, staff felt that coordinating two signalized intersections was a better way to manage traffic. Mr. Rardin indicated that a roundabout costs approximately $100,000 and a signalized intersection costs approximately$150,000-$250,000. Councilmember Ross asked if any changes are planned for this area with respect to bike lanes that would enhance a biker's ability to get to Target and other areas. Mr. Rardin indicated that nothing has been built into this project for bike lanes. Councilmember Ross urged the City to consider any bike lane improvements during construction. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to adopt Resolution No. 12-084 Accepting the Project Report, Establishing Improvement Project No. 2012-1306, Approving Plans and Specifications and Authorizing Advertisement for Bids for Improvement Project No. 2012-1306. The motion passed 5-0 (Mayor Jacobs and Councilmember Santa absent). 8b. Constitutional Amendment—Photo Identification for Voting. Resolution No. 12-085 Ms. Stroth presented the staff report proposed resolution in opposition to the proposed Constitutional Amendment relating to photo identification for voting. She recited the language to be included on the November 6, 2012 ballot question. Ms. Aggie Leitheiser, 7614 Edgebrook Drive, appeared before the City Council on behalf of the St. Louis Park League of Women Voters ("League") and stated the League City Council Meeting -5- June 18, 2012 supports the City Council's opposition to the proposed Constitutional Amendment that will make it harder for people to exercise their right to vote. She indicated it has not yet been determined what will be accepted as government-issued ID under the Constitutional Amendment. She stated the State must issue ID at no charge to voters, however, voters will need to purchase documentation to prove their eligibility for voting. She also stated that voters without government-issued ID, or who forget their ID on election day, may cast a provisional ballot to be counted later when the voter goes to the local election office, resulting in a local cost with no provision for reimbursement to cities. She indicated that absentee balloting may be crippled with no eligibility verification and noted that 11% of voters in the 2010 election registered to vote on election day. She added the League does not feel that voter fraud is an issue in Minnesota and the League salutes the City Council's commitment to the community. Ms. Joanne Boyer, 3041 Quebec Avenue South, appeared before the City Council and urged the City Council to oppose the Constitutional Amendment. She stated that statistics do not support the alleged charge of voter fraud. She stated that Minnesota recently went through an election recount for U.S. Senate and Governor and there was no fraud alleged in either case. She indicated there does not appear to have been any widespread grassroots movement demanding this and the Constitutional Amendment, if passed, will keep eligible voters from casting their votes in the future. She expressed concern that the Constitutional Amendment requirements are unclear about what will be required for valid ID and felt this Constitutional Amendment should anger Minnesotans from a common sense point of view. She encouraged residents to visit the League of Women Voters website at www.lwvmn.org to learn more about the Constitutional Amendment. She stated the Constitutional Amendment would change same day voter registration, absentee balloting, and provisional balloting and will require cash-strapped local governments to spend money to address a problem that does not exist. She urged the City Council, St. Louis Park residents, and all Minnesotans to reject the Constitutional Amendment because it is uncalled for, unnecessary, discriminates, and represents a step backward in getting more people to the polls to exercise their Constitutional right to vote. Councilmember Ross stated the Constitution is about protecting people and not taking rights away and the proposed Constitutional Amendment will impact many people. She indicated the sponsors of the Constitutional Amendment have talked about government involvement in people's lives and about being fiscally responsible and the Constitutional Amendment will be neither fiscally responsible nor will it result in less government in people's lives. She stated the cost to cities, particularly smaller cities, will be significant. She stated she is concerned about the potential corruption of provisional ballots and felt there were too many loopholes in the Constitutional Amendment and too many processes that have not been clearly thought through. She added this Constitutional Amendment would affect those people without ID as well as those people who have lost their ID or who recently had a name or address change. She stated she cannot and will not support this Constitutional Amendment. Councilmember Spano agreed with Councilmember Ross. He stated there are approximately 45,000 Minnesota residents who vote by mail because they live in remote areas of the State or are service members serving overseas and a substantially equivalent clause of this Constitutional Amendment would render their votes uncounted. He noted that state voting experts have indicated this Constitutional Amendment would not have City Council Meeting -6- June 18, 2012 fixed any previous problems. He felt the Constitutional Amendment was poorly thought out and Constitutional voting rights should be protected. He stated he will support the City Council resolution to oppose the Constitutional Amendment. Councilmember Hallfin stated this Constitutional Amendment is a solution looking for a problem. He indicated he voted via absentee ballot while serving in the military and if the Constitutional Amendment passes, the country's service members' votes may not be counted. He stated he will support the City Council resolution to oppose the Constitutional Amendment. Councilmember Mavity agreed with all of the earlier comments and felt the League has done a great job of outlining the issue. She stated it does not make sense to pass a Constitutional Amendment referencing technology that is becoming old school. She stated she opposes the Constitutional Amendment and will support the City Council resolution. Mayor Pro Tern Sanger agreed with all the comments made and stated there is no documented voter fraud in Minnesota of the type that would be addressed by this Constitutional Amendment. She felt the Constitutional Amendment would disenfranchise those people who move frequently or who do not have IDs. She indicated the Constitutional Amendment provides a ten day grace period for presenting valid ID, but it can take up to seven weeks to receive a valid ID from the State. She felt it was unrealistic to expect that this ten day grace period will solve the problem and if the Constitutional Amendment is passed, it will likely create longer delays for people to receive their IDs from the State. She stated she will support the City Council resolution to oppose the Constitutional Amendment. It was moved by Councilmember Mavity, seconded by Councilmember Ross, to adopt Resolution No. 12-085 in Opposition to Proposed "Photo Identification Required for Voting" Constitutional Amendment. The motion passed 5-0 (Mayor Jacobs and Councilmember Santa absent). 8c. Wildlife Feeding Ordinance Amendment— First Reading. Mr. Vaughan presented the staff report and proposed changes relating to the City's prohibition on feeding of wildlife, including consolidating the ordinances into one chapter. He stated the list of prohibited animals has been expanded to include coyotes, wild turkeys, and opossum, and the proposed changes address the method in which food can be offered as well as the type of food allowed and prohibited. Mr. Hoffman advised the current City Code is not clear about whether the raising of honey bees is permitted and the City has received questions and complaints about neighbors keeping bee hives. He indicated the proposed amendment clarifies that beekeeping would not be allowed in the City. Mr. Nicholas Slade, 2316 Westridge Lane, appeared before the City Council and urged the City Council not to prohibit beekeeping. He stated he has kept bees in the past and felt this was a solution looking for a problem. He indicated that bees exist domestically and in the wild and domestic bees are relatively tame. He stated there are a lot of City Council Meeting -7- June 18, 2012 misnomers about bees compared with wasps, noting that domestic bees are bred to be calm and non-aggressive and can only sting once. He stated that an exception to the ordinance will allow bee hives at Westwood Nature Center and bees travel up to six miles so there will still be bees around wherever there are bee hives. He urged the City Council not to prohibit the keeping of bees. Mr. Mark Clifford, 2225 Gettysburg Avenue, appeared before the City Council and stated that bees are beneficial to the community and can be managed in a way that is completely safe. He indicated studies have found that removing beekeeping from a community raises the aggressive nature of bees and felt that a one size fits all approach to eliminating beekeeping was shortsighted. He agreed there were many misconceptions about bees and urged the City Council to educate itself before changing the ordinance. Mr. Gary Reuter, 1460 80th Street, Amery, Wisconsin, appeared before the City Council and stated he works for the University of Minnesota Entomology Department, conducting research on honeybees. He stated that most people are afraid of getting stung but most of the time people are stung by yellow jackets and not by a honeybee. He indicated that only 2-3% of people are allergic to bee stings and the normal bee sting reaction is itching and some swelling. He explained that bees are always foraging for food and water and there are things a beekeeper can do to keep bees on their property, including having water available for the bees. He discussed the bee colony kept at Gibbs Farm on Cleveland and Larpenter and stated they have never received complaints from people that bees were bothering them. He stated bees provide several benefits to a community, including pollination, and urged the City Council not to prohibit beekeeping entirely and felt that reasonable restrictions could be put in place to eliminate potential problems. Councilmember Ross stated there is a public safety component that the City Council is responsible for which makes this a difficult issue to balance. She requested information regarding how to prevent another species, which is more aggressive from moving in and becoming aggressive in a bee colony. She also asked what other cities have done, particularly where lot sizes are small. Mr. Reuter explained that honeybees will not take over another colony. He stated a bee colony contains a Queen and 30,000-40,000 worker bees and the workers will prevent other bees from coming in; if a swarm attempts to take over, the Queen will be killed and a new Queen will be introduced to take over the hive. He stated that if he had a neighbor who was senously allergic to bees, he would consider not keeping bees and added there are things people can do to keep bees away from neighboring properties, e.g., putting up a tall hedge or five foot fence that acts as a fly barrier. He indicated this requirement could be added to the ordinance. He added that people have an innate fear of bees and some cities have required beekeepers to prove some knowledge of beekeeping, e.g., taking a class. Mr. Clifford stated that bees inherently know what to do and they know what their role is in the hive. He stressed the challenges faced by bees in this country because of pesticides and other issues, which has resulted in a dramatic decline in the bee population from colony collapse disorder. He stated the lack of diversity in the bee population is another contributing factor and is one of the reasons citizen beekeepers are needed. City Council Meeting -8- June 18, 2012 Councilmember Mavity expressed appreciation to the speakers for providing education on beekeeping. She felt that the proposed prohibition on beekeeping could be fine-tuned to provide a tool for managing bees in the City. She indicated the City is in the process of establishing an environment/sustainability task force and this seems in concert with the City's efforts to promote more community gardens and sustainable living. She stated she did not want to take any action today that would stop this discussion and suggested that staff be directed to further review this prior to the second reading, including providing a comparison of other communities with respect to beekeeping. Councilmember Spano agreed with Councilmember Mavity that further discussion should take place before the second reading. Mr. Hoffman explained the Inspections Department has responded to a number of animal complaints in the community, including bees. He stated the question arises whether the keeping of bees is a hazard and if it is determined to be a hazard, it becomes a nuisance. He indicated that staff reviewed other ordinances, which require a 25' setback, a six foot fence, or 3/4 of an acre to keep bees. He agreed that staff would further review the regulations and provide options for Council review. It was moved by Councilmember Mavity, seconded by Councilmember Ross, to approve First Reading of Ordinance Relating to the Keeping and Feeding of Wild Animals, Amending Sections 4-41 to 4-45 and Section 12-34 of the St Louis Park City Code, as amended to remove Sec. 4-42(8)pending further discussion by the City Council, and to set Second Reading for July 16, 2012. Mayor Pro Tern Sanger stated she did not want this issue to result in the community having neighbor disputes about keeping bees. She indicated that bees should be required to be kept in a confined space where neighbors are not subjected to potential health hazards. Councilmember Ross agreed and stated she felt Council should further study the issue before making any decisions regarding the ordinance. Mayor Pro Tern Sanger noted that most of the ordinance amendments are intended to tighten up the requirements about feeding of wildlife. She expressed Council's appreciation to staff for their efforts in this regard. The motion passed 5-0 (Mayor Jacobs and Councilmember Santa absent). 8d. Miscellaneous Licensing and Nuisance Ordinance—First Reading. Mr. Hoffman presented the staff report and stated the proposed amendments are intended to provide clarity and effectiveness in enforcement of the City Code. He explained that competency cards are required for contractors installing gas piping and the amendment eliminates the requirement for a competency card for fuel burning equipment installers such as installers of gas dryers or stoves. He stated that Section 8-372 does not currently require a criminal background check before issuing a tobacco license and staff believes a background check should be done for these establishments. He stated that smoking of tobacco products inside tobacco sales shops is currently permitted and the Minnesota Clean Indoor Air Act prohibits indoor smoking but allows smoking of tobacco for City Council Meeting -9- June 18, 2012 sampling purposes within tobacco establishments. He explained this amendment would eliminate the loophole to not allow sampling of tobacco within licensed tobacco establishments. He stated an additional amendment relates to nuisance abatement and clarifies the title of the position in charge of nuisance abatement and assessment to the Director of Inspections. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve First Reading of Ordinance Relating to Licensing and Inspections, Amending Sections 8-116, 8-372, 8-374 and 12-35 of the St. Louis Park Code and to set Second Reading for July 16, 2012. The motion passed 5-0 (Mayor Jacobs and Councilmember Santa absent). 9. Communications Councilmember Mavity congratulated everyone involved with making Parktacular a success, particularly Joan Fenton and her staff. Mayor Pro Tern Sanger congratulated the leadership of the St. Louis Park Community Foundation on their successful beer tasting fundraiser. Councilmember Hallfin stated the West End venue for Friday night's Boogie Wonderland concert was great. He congratulated the St. Louis Park Rail Cats on winning the Gene Berg wood bat tournament. 10. Adjournment The meeting adjourned at 9:12 p.m. `.Y1(.1./ Nancy Stroth, City Clerk usan Sanger, M or Pro Tem