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HomeMy WebLinkAbout2013/02/19 - ADMIN - Minutes - City Council - Regular If! St.. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK,MINNESOTA FEBRUARY 19,2013 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), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Director of Inspections (Mr. Hoffman), Police Chief (Mr. Luse), Fire Chief (Mr. Stemmer), Director of Public Works (Mr. Rardin), Housing Supervisor (Ms. Schmtker), Communications Specialist(Mr. Rose), and Recording Secretary(Ms. Hughes). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. Retirement Recognition Presentation for Police Sergeant Ward Dohman Mayor Jacobs recited the resolution recognizing the contributions of and expressing appreciation to Police Sergeant Ward Dohman for over 29 years of service to the City. He stated that Sergeant Dohman was instrumental in starting the Meadowbrook Collaborative that has been a significant success because of Sergeant Dohman's efforts. He presented Sergeant Dohman with a plaque and expressed Council's best wishes to him in his retirement. Sergeant Dohman stated he was grateful for the opportunity to work for the City and thanked everyone and stated he will miss the camaraderie and teamwork. 2b. Fire Chief Magazine's Fire Station Style Design Award Mr. Stemmer stated that Fire Chief Magazine recently awarded Fire Station No. 1 with Gold honors in the volunteer/combination fire station category. He indicated that DLR Group's Project Manager Michael Clark was instrumental in coming up with the fire station design that was submitted to Fire Chief magazine. Mr. Michael Clark, DLR Group Project Manager, appeared before the City Council and stated that the jurors commented on the operationally efficient plan of the fire station and the jurors also felt the fire station had a great civic presence. He stated the jurors were mostly impressed by how the team managed to capture that civic presence on a small site and felt the project fit well in its location. He expressed DLR Group's thanks for the opportunity to work on the fire station and presented a plaque announcing Fire Station No. 1 as a Gold winner in the volunteer/combination fire station category. City Council Meeting -2- February 19, 2013 Mayor Jacobs expressed the City Council's thanks and congratulations to Mr. Stemmer, Mr. Walther, and all the City staff involved in this project. 3. Approval of Minutes 3a. Study Session Meeting Minutes January 28, 2013 Councilmember Spano requested that the first sentence of the third full paragraph on page 3 be revised to state "Councilmember Spano agreed with the proposed revisions and urged staff to work with the affected neighbors to come up with decisions and finality to the plan _. .. .' .. . . __' . _ . . .. . . . . . _ _ . The minutes were approved as amended. 3b. Special City Council Meeting February 11, 2013 The minutes were approved as presented. 3c. City Council Workshop Minutes February 1 & 2, 2013 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. Adopt Resolution No. 13-023 to recognize Police Sergeant Ward Dohman for his 29 years of service to the City of St. Louis Park. 4b. Approve Work Order No. 37 and Adopt Resolution No. 13-024 authonzing final payment in the amount of $292,592.86 accepting work for Street Project: Highway 7 - Wooddale Avenue Intersection Improvement — Project No. 2004- 1700, Contract No. 119-09. 4c. Adopt Resolution No. 13-025 approving a Wellness Incentive for benefit earning staff for 2013-2014. 4d. Approve a temporary on-sale intoxicating liquor license for Sabes Jewish Community Center located at 4330 South Cedar Lake Road for an event to be held on February 28, 2013 at the Jewish Community Center. 4e. Adopt Resolution No. 13-026 for 2013 Liquor License Renewal for Eat Art LLC, dba Little Szechuan, 5377 16th St. W., for the license year term of March 1, 2013 through March 1, 2014. 4f. Item removed from Consent Agenda and moved to Action Item 8b 4g. Approve the Lodging Tax Revenue Use Policy. 4h. Approve Access Agreement between the City of St. Louis Park and the Minnesota Pollution Control Agency in connection with the Fern Hill Place Monitoring Wells and Terminate the License Agreements between the City of St. Louis Park City Council Meeting -3- February 19, 2013 and Fern Hill Place, LLC in connection with the Fern Hill Place Monitoring Wells. 4i. Approve for filing Planning Commission Minutes December 12, 2012. Councilmember Hallfin requested that Consent Calendar item 4f be removed and placed on the Regular Agenda. It was moved by Councilmember Spano, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4f to the regular agenda as item 8b; and to waive reading of all resolutions and ordinances The motion passed 7-0. 5. Boards and Commissions Mayor Jacobs expressed Council's thanks to everyone who has volunteered to serve on the City's vanous Boards and Commissions and advised that Council would like to make two appointments this evening. It was moved by Councilmember Santa, seconded by Councilmember Mavity, to appoint Jim Rhodes to the Fire Civil Service Commission to a term expiring on 12/31/15 and to appoint Markeith Thomas to the Housing Authority to a term expiring on 6/30/17. The motion passed 7-0. 6. Public Hearings 6a. Public Hearing—Pei Wei Asian Diner Liquor License Ms. Stroth presented the staff report and advised that Pei Wei Asian Dinner, LLC, has made application for an on sale wine and 3.2% malt liquor license for its restaurant located at 5330 Cedar Lake Road. She indicated the restaurant has been operating at this location since 2008 and because the entity is changing from a corporation to an LLC, a new liquor license is required and the restaurant's name and staff would remain the same Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Ross, seconded by Councilmember Mavity, to approve On-Sale Wine and 3 2%Malt Liquor License to Pei Wei Asian Diner, LLC, dba Pei Wei Asian Diner located at 5330 Cedar Lake Road, Suite 600,for the license term of March 1, 2013, through March 1, 2014. The motion passed 7-0. 6b. Public Hearing to Consider Allocation of 2013 Community Development Block Grant (CDBG) Funds. Resolution No. 13-027. City Council Meeting -4- February 19, 2013 Ms. Schnitker presented the staff report and explained that each year the City receives an allocation of CDBG funds and the City has previously focused its allocation of funds on improvements to the City's housing stock for low-income families as well as the allocation of a small portion of funds to support public services. She stated the City proposes to allocate 96% of the 2013 CDBG funds on assisting low-income residents with emergency repairs, rehab loans, and affordable ownership opportunities with the remaining amount to be used for youth park programming at Meadowbrook Manor Park. She noted the final funding amount may vary slightly due to uncertainty with the Federal budget and the City has used the 2012 funding level of$173,258 to determine allocation of the 2013 funds, adding that staff will keep Council informed of the final allocation amount. She stated that $60,000 will be used for the low income single family emergency repair program, $50,000 will be used for low income single family home rehab loans, $12,500 is proposed for the Affordable Housing Land Trust—Homes within Reach program, $18,258 is proposed for the St. Louis Park Housing Authority, $25,000 is proposed for the Community Involvement Programs kitchen replacement program, and $7,500 will be used for youth park programming at Meadowbrook Park. Mayor Jacobs opened the public hearing. Mr. Ernest Johnson appeared before the City Council on behalf of Community Involvement Programs and stated they have operated an adult foster care home in St. Louis Park since 1984. He indicated they want to do some kitchen and bathroom renovations to the foster care home and expressed their appreciation to the City for considering providing funds to them. Mr. Bill O'Meara, Community Action Partnership, appeared before the City Council and stated they worked with over 700 people on providing energy assistance and provided foreclosure prevention counseling to 233 people and thirteen people went through the home ownership program. He stated they are happy to be in the City and expressed thanks for allowing them to administer some of the CDBG funds. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Mavtty, to Adopt Resolution No. 13-027 approving proposed use of 2013 Urban Hennepin County Community Development Block Grant Program Funds and Authorizing Execution of Subrecipient Agreement with Hennepin County and any Third Party Agreements Councilmember Santa requested confirmation that any increase or decrease in the funding amount would be allocated as evenly as possible among the various projects. Ms. Schnitker advised that if the 2013 CDBG funding is significantly less, staff will review the projects to determine necessary adjustments to the allocation amounts adding that the County does not want the City to fund any project for less than $7,500. She stated that Council would receive a report on the final allocation figures once the final 2013 allocation is determined. Councilmember Ross Councilmember Ross questioned the process and wanted to be sure of how residents find out about the various programs available. City Council Meeting -5- February 19, 2013 Ms. Schnitker stated the City has funded some of the programs on a yearly basis and the funding represents the primary funding for those programs. She indicated the City has focused its use of CDBG funds on improvements to the housing stock for low-income families as well as on affordable housing and the City does not solicit any kind of applications for these funds. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Amending Chapter 18 — Offenses and Miscellaneous Provisions to Include Regulations for Drug Paraphernalia Mr. Hoffman presented the staff report and proposed Ordinance amending Chapter 18 to prohibit the advertisement or sale of drug paraphernalia and the proposed Ordinance is intended to maintain a positive image of the community. He advised there was a recent challenge of a civil ordinance that was upheld as being constitutional. He indicated that while State statute regulates paraphernalia when contaminated with drug residue, the proposed Ordinance addresses new product in a retail setting. It would prevent the opening of a retail paraphernalia establishment in the City. He noted this Ordinance would not affect a typical tobacco pipe and is geared toward defining and clarifying paraphernalia used for consumption of illegal drugs and limiting the sale of drug paraphernalia. It was moved by Councilmember Santa, seconded by Councilmember Ross, to approve First Reading of Ordinance Amending Chapter 18 of the St Louis Park Code of Ordinances Concerning Drug Paraphernalia and to set Second Reading for March 4, 2013 Councilmember Sanger stated that while it is laudable to implement policies to improve the image of the community she had policy-based concerns as well as legally based concerns regarding the Ordinance. She stated it has been acknowledged that the products intended to be covered under the Ordinance are products that are legal to sell and the City should not ban products that it feels are not in the best image of the community, adding that there are other things being sold that are worse, e.g., guns and cigarettes. She stated that banning the sale and advertisement of lawful products is a slippery slope, and she did not want to go down that path. She indicated this Ordinance is based on a District Court case and stated she would rather wait until all appeals of that decision are exhausted before taking action on this Ordinance. She suggested that the City require these types of products to be sold behind the counter or in a closed cabinet not visible to children. Mr. Scott advised that the attorney representing the City of Moorhead recently informed him that the appeal time on the lawsuit challenging Moorhead's ordinance has expired and no appeal has been filed. Councilmember Mavity asked if the City has researched how these implements might be used for legal substances in other cultures, e.g., the Somali community. J 151`_T . ,8i 11.i1 n'A City Council Meeting -6- February 19, 2013 Mr. Luse indicated he had no direct knowledge of these instruments being used in ethnic communities and stated the City's drug task force felt the only purpose of these instruments was to consume illegal substances. He added the City has received calls from residents who were concerned about businesses selling something whose only purpose is to consume an illegal substance. Mayor Jacobs stated he shared some of Councilmember Sanger's concerns and agreed a moderate approach might be more prudent. He also shared the concerns raised by residents about this issue. The motion passed 6-1 (Councilmember Sanger opposed). 8b. Adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2012-1500, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2012-1500. Resolution No. 13-028. Councilmember Hallfin requested that the City consider changing the color of the water tower because it is difficult when playing in left field to see the baseball because it blends in with the water tower. Mr. Harmening suggested that Council approve the project and allow staff to work with the baseball association to choose another color if a different color is available. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to Adopt Resolution No. 13-028 accepting the Project Report, Establishing Improvement Project No. 2012-1500 approving Plans and Specifications, and authorizing Advertisement for Bids for Improvement Project No. 2012-1500. The motion passed 7-0. 9. Communications Councilmember Santa reminded residents of the home remodeling fair on Sunday, February 24`h, from 10:30 a.m. to 3:30 p.m. at Eisenhower Community Center, 1001 Highway 7, in Hopkins. 10. Adjournment The meeting adjourned at 8:05 p.m. Nancy Strot , City Clerk Jeffp'•bs Ma •r