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HomeMy WebLinkAbout2008/11/17 - ADMIN - Minutes - City Council - Regular Jft St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 17, 2008 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt and Loran Paprocki. Councilmember absent: Susan Sanger. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Parks and Recreation (Ms. Walsh), Finance Director (Mr. DeJong), Community Development Director (Mr. Locke), Management Assistant (Ms. Honold), Inspections Director (Mr. Hoffman), Planning & Zoning Supervisor (Ms. McMonigal) and Recording Secretary (Ms. Hamer). Guests present: Mark Ruff and Stacie Kvilvang of Ehlers and Associates. 2. Presentations - None 3. Approval of Minutes — None 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 EnComm Midwest, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $533,335.00 for Water Project—Water Treatment Plant No. 8 —Project No. 2006-2000 4b. Adopt Resolution No. 08-136, authorizing Worker's Compensation insurance renewal for December 1, 2008 —November 20, 2009 4c. Authorize entering into an agreement with Oertel Architects for the planning, design, bidding services, enhanced construction phase services and other miscellaneous services for the MSC project 4d. Extend the time limit to act on the Dahl Tower application (08-25-CUP) to January 29, 2009. Staff is directed to notify the Applicant of the extension. 4e. Adopt Resolution No. 08-144 requesting the Minnesota Department of Transportation (Mn/DOT) to grant a variance from Municipal State Aid Standards —Alabama Avenue from Excelsior Blvd to West 36th Street—Project No. 2009-1100 City Council Meeting -2- November 17, 2008 4f. Adopt Resolution No. 08-145 calling for a public hearing by the City Council on January 20, 2009 relative to the proposed Ellipse on Excelsior Tax Increment Financing District within Redevelopment Project No. 1 (a redevelopment district) 4g. Approve for filing Planning Commission Minutes October 15, 2008 4h. Approve for filing Vendor Claims 4i. Approve for filing Housing Authority Minutes October 15, 2008 It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing and First Reading of an Ordinance to Amend the City Charter Ms. Honold presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to approve first reading of the ordinance to amend the St. Louis Park Home Rule Charter; Table of Contents, Chapter 3, 5, and index, and set second reading for December 1, 2008. The motion passed 6-0. Mayor Jacobs thanked the Charter Commission for its work on the City Charter amendment. 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End) Resolutions No. 08-146 and 08-147 Mr. Ruff, Ehlers and Associates, provided key information outlined in the S&P Report and upgraded AAA bond rating for the City of St. Louis Park. He presented information on the savings to the City of approximately $250,000 due to the upgraded rating. Mr. Ruff presented a plaque recognizing the City of St. Louis Park for the assignment of the AAA rating. City Council Meeting -3- November 17, 2008 Mayor Jacobs pointed out that the upgraded AAA rating is due in no small measure to work of the Council, staff and the City's financial consultants. He stated this is something the community should be very proud of. Ms. Kvilvang, Ehlers and Associates, provided an overview of bids received on the following: 1) Bond Sale — November 17, 2008; $4,075,000 General Obligation Utility Revenue Bonds, Series 2008A: It is recommended that the City Council award the bid for $4,075,000 GO Bonds, Series 2008A to the low bidder, Piper Jaffray & Co., Minneapolis, MN. True interest cost is 3.8038%. 2) Bond Sale — November 17, 2008; $5,490,000 General Obligation Tax Increment Bonds, Series 2008B: It is recommended that the City Council award the bid for $5,490,000 GO TIF Revenue Bonds to the low bidder, Piper Jaffray & Co., Minneapolis, MN. True interest cost is 4.2676%. Councilmember Finkelstein requested clarification on the $250,000 in savings referred to by Mr. Ruff. Mr. Ruff explained the $250,000 in savings is related to the lower interest rate associated with the upgraded bond rating. In addition, the upfront fees and capital interest were less than anticipated due to savings from receiving a higher amount in Utility Revenue Bonds and the ability to reduce the Tax Increment Bonds. When factoring in these additional savings, the amount is more than the $250,000 in interest savings. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to adopt Resolution No. 08-146 awarding the sale of$4,075,000 General Obligation utility revenue bonds, Series 2008A; fixing their form and specifications; directing their execution and delivery; and providing for their payment; and to adopt Resolution No. 08-147 awarding the sale of the $5,490,000 General Obligation Tax Increment bonds, Series 2008B; fixing their form and specifications; directing their execution and delivery; and providing for their payment The motion passed 6-0. Mr. Harmening stated the City Council has set the tone and deserves credit for the upgraded bond rating. He recognized Mr. Ruff and Ms. Kvilvang of Ehlers and Associates, as well as City staff, for their involvement in the meeting with S&P. He stated almost every department head was present at the meeting with S&P to show that staff works together for the good of the organization. Leadership starts from the top, and the Council provides that leadership. 8b. Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts Mayor Jacobs stated there was a lot of discussion on this topic at the last City Council meeting, and there are a number of issues the Council wanted to discuss. He suggested laying the second reading over and holding a study session on the topic. He noted there has City Council Meeting -4- November 17, 2008 been discussion on the idea of having this apply only to institutions of a certain size, which is a change he does not believe can be made on the second reading. Councilmember Omodt stated his preference would be to lay this over until the entire Council is present for the discussion. Councilmember Carver stated this topic has been discussed at study session and questioned what more there is to be discussed. He stated his position that doing nothing may be the best thing and that there does not seem to be a real synergy forming around a particular position or a great need shown for this. Councilmember Omodt stated they are not able to ascertain the will of the Council without having the full Council present. He expressed concern with gamesmanship occurring over who is present and who is not when important votes are taken. He further stated it is important to the community and the neighborhoods and institutions that this is done right and he would like to have the full Council present to debate and discuss. Councilmember Paprocki pointed out that the full Council was not present at the first reading either. He stated he voiced his issue on this at the last meeting, which is the impact on schools and churches. He also noted that other council members have issues with this as well. He stated his position that there is not much that can be done with this tonight, he agrees there is not a lot of synergy, and a fresh start may be the way to proceed. There was discussion on the options of tabling, continuing action to a certain date, or taking action on the ordinance amendments. Councilmember Carver stated his opposition to continuing action to a certain date. He stated he would vote against this tonight and would also be willing to table the item. He stated there are not facts to support the accusations that have been made of gamesmanship. He further stated it is inconsistent and is not good policy to say this is the most important thing to work on and to direct staff to put it at the top of their inbox. Tabling is commonly used in just such a situation as this in order to allow additional time to study an issue. He verified with Mr. Scott that the issue can be studied while it is on the table. Councilmember Paprocki stated his position that the ordinance amendments provide the ability to be proactive before a proposal is submitted to the City. He stated he would not be in support of putting the ordinance off for too long, and stated his position that a cohesive draft is not likely by the next City Council meeting. Councilmember Finkelstein stated his opposition to tabling action and expressed concern with the precedent that would be set. He stated it should be noted for the record that there are a variety of votes that members of the Council have all missed because they have other responsibilities, and the Council has moved ahead with business. Councilmember Omodt stated his preference to continue the ordinance to a study session. City Council Meeting -5- November 17, 2008 Councilmember Basill stated his preference to defer the ordinance to a date certain on an agenda with enough time for discussion. Mayor Jacobs stated his preference to discuss the ordinance until a level of consensus is achieved. He suggested continuing the ordinance to a date certain. It was moved by Councilmember Carver, seconded by Councilmember Basill, to table second reading of Zoning Ordinance amendments to require conditional use permits (CUPS)for several institutional uses in residential zoning districts. Mr. Scott advised on the associated process if the ordinance is tabled. He advised a meeting agenda could be amended and a motion could be made to remove the ordinance from the table. Mayor Jacobs stated if there was to be an attempt to take the ordinance off the table without notice he would not vote in support of the ordinance being un-tabled. Councilmember Basill and Councilmember Carver concurred. The motion passed 4-2 Councilmember Finkelstein and Councilmember Omodt opposed. 8c. First Reading of Ordinance Amendment Relating to Water Services Disconnections Ms. Honold presented the staff report. Councilmember Basill inquired about situations where the heat is shut off and pipes inside the house are filled with water. Mr. Hoffman replied staff will attempt to make every contact they can. If the water is shut off at the street and the temperature drops below freezing there is a good chance the water will freeze in the pipes inside the home. In situations where this has occurred in the past there have been cases where the water was turned back on and there were many leaks. However, if the water is not shut off there will be the same problem and the water will continue to run as well. Councilmember Basill questioned if the City would have any liability if crews were not able to shut the water off for a few days and water froze in the pipes. Mr. Scott replied it is hard to say that there could not be any liability under any circumstances, but generally under that type of scenario the City would not have liability. There can always be unique circumstances, but generally the City has protections. Councilmember Carver noted the ordinance states authorized to shut off, rather than obligated to shut off. Ms. Honold explained there is a different process involved if the home is not occupied. The Public Works Director would get other departments involved to see what needs to be done. City Council Meeting -6- November 17, 2008 It was moved by Councilmember Carver, seconded by Councilmember Paprocki, to adopt first reading of ordinance amending Section 32-38 of the City Code relating to water services disconnections and set second reading for December 1, 2008. The motion passed 6-0. 9. Communications Mayor Jacobs thanked the election judges and staff for their work in the recent election. He encouraged people to attend the high school play Into the Woods and stated it was remarkably well done. 10. Adjournment The meeting adjourned at 8:19 p.m. i- Nancy Stroth, City Clerk Jeff Jacobs/Mayor