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HomeMy WebLinkAbout2012/09/24 - ADMIN - Minutes - City Council - Regular IIf St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 24, 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), City Attorney (Mr. Scott), Controller (Mr. Swanson), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Communications Coordinator (Mr. Zwilling), Fire Chief (Mr. Stemmer), Environmental Coordinators (Mr. Vaughan), and Recording Secretary(Ms. Hughes). Guests: Stacie Kvilvang(Ehlers &Associates) and Jeff Miller(HKG1). la. Pledge of Allegiance lb. Roll Call 2. Presentations 2a. 2012 Evergreen Awards Mr. Vaughan stated the Evergreen Awards have been presented for over 20 years in recognition of highly visible landscaping and winners are selected by a panel of judges. He presented the 2012 Evergreen Awards to Randall Olson (4028 Quentin), James and Barbara Jacobs (4151 Ottawa), and Adrienne Fleming/Stephanie and Ron Byland (3804 Rhode Island). He also urged residents to water their trees and landscaping due to the dry weather conditions. 2b. Recognition for Mike Dobesh's 14 Years of Service Mayor Jacobs presented a certificate recognizing Assistant Fire Chief Mike Dobesh for 14 years of service to the City. He congratulated Mr. Dobesh on his new position and wished him the best of luck in the future. Mr. Dobesh thanked the City for all its support and stated he has appreciated all of his time in St. Louis Park. He added he could not have done his job without the support of Chief Stemmer,his colleagues on the Fire Department, and his family. Mr. Stemmer thanked Mr. Dobesh for his years of service and stated Mr. Dobesh started working as a paid on call firefighter and quickly rose through the ranks of the Fire Department where he has been responsible for the paid on call program and all training for the Fire Department for the last eight years. He wished him the best of luck in his new position as assistant chief of operations for the City of Richfield. 3. Approval of Minutes 3a. Special City Council Meeting Minutes August 27, 2012 City Council Meeting -2- September 24, 2012 The minutes were approved as presented. 3b. Study Session Meeting Minutes August 27, 2012 The minutes were approved as presented. 3c. City Council Meeting Minutes September 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. Approve Second Reading and Adopt Ordinance No. 2421-12 Renaming 25 `/i Street West to Barry Street West, and approve summary ordinance for publication on October 4, 2012. 4b. Adopt Resolution No. 12-129 accepting a donation from the American Legion in the amount of $4,000 for a portable sound system in the Wolfe Park Amphitheater. 4c. Adopt Resolution No. 12-130 approving acceptance of donations from Bruce Berry and Sue Anne Arkenbeck in the amount of$125 for Westwood Hills Nature Center. 4d. Adopt Resolution No. 12-131 authorizing final payment in the amount of $17,711.59 for the 2012 City Sealcoat Project with Allied Blacktop Company accepting work on Contract Sealcoating — City Project No. 2012-0001, City Contract No. 75-12. 4e. Establish a Public Hearing date of November 5, 2012 to consider MnDOT's request for Municipal Consent for the Highway 100 Improvement Project - State Project 2734-43 (City Project No. 2005-2000). 4f. Adopt Resolution No. 12-132 imposing civil penalty for liquor license violation occurring on May 18, 2012, at Best of India, 8120 Minnetonka Blvd., according to the recommendation of the City Manager. 4g. Approve for Filing Parks and Recreation Advisory Commission Meeting Minutes February 15, 2012. 4h. Approve for Filing Parks and Recreation Advisory Commission Meeting Minutes March 21, 2012. 4i. Approve for Filing Parks and Recreation Advisory Commission Meeting Minutes April 18, 2012. 4j. Approve for Filing Housing Authority Minutes August 9, 2012. 4k. Approve for Filing Vendor Claims. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, 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. City Council Meeting -3- September 24, 2012 5. Boards and Commissions-None 6. Public Hearings 6a. Breck School — Public Hearing and Final Bond Resolution — Issuance of Private Activity Revenue Note, Series 2012A. Resolution No. 12-133 Mr. Swanson presented the staff report and introduced Ms. Wendy Engleman from Breck School and Ms. Julie Eddington from Kennedy& Graven. Ms. Eddington explained that the City was approached by Breck School to issue conduit bonds on Breck's behalf as part of Breck's plans to demolish the existing upper school and complete renovations of its other facilities. She stated that Breck is located in Golden Valley and the Breck School serves students in the western metro area including St. Louis Park; however, Golden Valley is unable to issue bank qualified debt for the school so St. Louis Park and Minnetonka were asked to issue up to $6.5 million each to help finance the project. She advised that Golden Valley will be holding a public hearing and providing approval for both St. Louis Park and Minnetonka to issue the bonds and this type of request is allowed by State statute. She added that the City's ability to issue bonds will not be affected by issuing the bank qualified bonds under this transaction. Mayor Jacobs opened the public heanng. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Santa asked why Golden Valley was not issuing the bonds. Ms. Eddington explained that Golden Valley has issued bonds already this year so it is unable to help Breck by issuing bank qualified bonds. She stated that Golden Valley is pleased that St. Louis Park and Minnetonka are willing to consider doing this and will enter into a Joint Powers Agreement with the two cities. She added that tax regulations give cities authonty to issue up to $10 million per year in bank qualified bonds and Golden Valley has already reached that $10 million limit this year. Councilmember Spano asked what liability the City has by issuing these bonds. Ms. Eddington replied the City has no liability with respect to these bonds and the bond documents will indicate interest is payable solely from revenue from Breck School. She added if there is any audit in the future, Breck School will indemnify the City. Councilmember Sanger requested confirmation that this is a type of bond available only to non-profit organizations and that by issuing the bonds the City also receives a fee from Breck that goes into the City's Development Fund. She also requested confirmation that the City would have no liability if Breck does not fully pay back the bonds. , Ms. Eddington stated these types of bonds are issued to 501(c)(3) organizations and the City has issued conduit bonds for Park Nicollet in the past. She stated that the City would have no liability if Breck does not fully pay back the bonds and this bond issue will not impact the City's credit rating in any way. City Council Meeting -4- September 24, 2012 It was moved by Councilmember Mavity, seconded by Councilmember Spano, to adopt Resolution No. 12-133 Authorizing the Issuance, Sale and Delivery of the Revenue Note (Breck School Project), Series 2012A; Approving the Form of and Authorizing the Execution and Delivery of the Note and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Note; and Granting Approval for Certain Other Actions with Respect Thereto. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances,Motions and Discussion Items 8a. Authorize and Award Sale of G.O. Taxable Bonds, Series 2012A for Greensboro Square. Resolution No. 12-134 Mr. Swanson presented the staff report and introduced Ms. Stacie Kvilvang from Ehlers &Associates. Ms. Kvilvang explained that the $1,290,000 taxable G.O. housing improvement bonds represent approximately one-third of the financing for this project with the EDA providing a loan of$1,108,602 and $1,047,260 received in prepaid special assessments. She advised that a rating call was held last week, which affirmed the City's AAA rating with a stable outlook. She stated the bond sale was held this morning and two bids were received, noting that there is a limited market for these bonds because of the 20 year term. She advised that Northland Securities was the lowest responsible bidder at 3.258%. She stated that updated fee schedules for the homeowners will be provided and added that as part of the financing, the City charges 100 basis points above the stated interest rate to cover non-payments and the EDA loan will also carry the same rate. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve Resolution No. 12-134 Awarding the Sale of Taxable General Obligation Housing Improvement Area Bonds, Series 2012A, in the Original Aggregate Principal Amount of$1,290,000; Fixing Their Forum and Specifications; Directing their Execution and Delivery; and Providing for their Payment. Councilmember Ross stated she will be abstaining from the vote on this matter and added she was happy to see that some residents have prepaid the special assessment and that costs were coming in under budget. The motion passed 6-0-1 (Councilmember Ross abstain) 8b. First Reading — Zoning Ordinance Amendment Regulating Outdoor Lighting Ms. McMonigal presented the staff report and explained that the Ordinance amendment updates existing lighting regulations to minimize glare and spillover light on adjacent properties, addresses the feasibility of achieving the City's requirements related to seeing a light source from off-site, and clarifies the measurement methods used in measunng City Council Meeting -5- September 24, 2012 light. She stated the City hired Jeff Miller from HKGi and Mr. Miller researched outdoor lighting regulations and prepared a draft Ordinance, which was discussed with Council in April and July this year. She indicated this Ordinance reflects the comments received at the study session including adding a low lighting option at athletic fields when events are finished and also adding a provision that landscaping can be used for screening the lighting at athletic fields. She stated that all existing outdoor lighting facilities will be required to comply with the Ordinance if the facility expands its operations or as fixtures are replaced, noting that typical lighting replacement occurs every four to fifteen years so it will take a bit of time until all athletic fields are in compliance but over time there will be a permanent reduction in light spill and glare. Mayor Jacobs asked if anyone would like to address the Council. Mr. Lee Snitzer 2504 Quentin, appeared before the City Council and stated he did not feel the proposed amendment does enough to minimize glare and spillover light. He stated he lives adjacent to Benilde and the City earlier granted Benilde a special use permit to have that field in a residential neighborhood where property values exceed $250,000. He stated that Section 6 of the Ordinance dealing with hours of operation appears to expand the hours of operation allowing use of lighting up to 11:00 p.m. and requested that the City consider 10:00 p.m. as a reasonable time that outdoor lights be required to be turned off because most activities are over between 9:00 and 9:30 p.m. He stated the activity on the Benilde field is not what they anticipated and they were told the field would be used 1-2 nights per week but the field's lights are on seven nights per week. He noted most City parks have two courses of lights but Benilde has three courses of lights, which creates more light pollution and glare. He suggested the City consider requinng all fixtures to be painted black now because that would cut down the glare from the shiny fixtures. He added he appreciated the City Council's sensitivity to the issue. Councilmember Sanger stated the previous ordinance provided there should not be spillover light and glare in neighborhoods because the light pollution goes into the nearby homes and into the eyes of drivers. She understood that the City did not think it was possible to control this or eliminate it entirely, but when given suggestions on how to minimize it, the City has an obligation to test them. She stated she is opposed to the proposed amendments because a lot of light pollution will enter into homes of nearby residents and her concern was that the City has not struck a good balance with the needs and rights of property owners living nearby. She stated her biggest concern was there is no limitation on use of the fields and these fields can be used seven nights a week and indicated she would feel better if a balance could be struck, e.g., the lights cannot be on more than "x" number of nights per week. She stated she was also concerned about how the City got to this point in the first place, stating this issue has come up in other parts of the community and the issue at Benilde galvanized the City into taking action. She indicated Benilde asked for permission to redo their fields and part of the agreement was that Benilde must comply with the Ordinance requirements, but Benilde did not comply as it relates to spillover glare and rather than enforce the Ordinance, the City relaxed its requirements. She stated she was not in favor of the Ordinance as drafted and would prefer that Council take another look at the limitations on how many nights a week that fields can be lit and also the issue regarding other ways to control glare. City Council Meeting -6- September 24, 2012 Councilmember Spano asked how Section 7(b) regarding shielding devices would be implemented to minimize glare impacts. Ms. McMonigal explained it is expensive to change out all the lights and this Ordinance would require every athletic field to install the most updated glare packages on their lights when they are changing out their fixtures. She added that several of the City's fields have already been updated but it will take some financial planning on the City's part to plan for their eventual replacement. Councilmember Sanger suggested that the Ordinance require that all fixtures be changed over within a certain period of time. She stated priority needs to be given to recreational lighting within a specified distance of residential properties to prevent glare into homes. Mr. Scott stated that the City Council could require that all fixtures be changed over within a certain period of time; in the case of Benilde, most if not all of the current facilities are not in compliance from a glare standpoint and these are non-conforming uses and if the City wanted to impose a deadline, the City Council could do that. It was moved by Councilmember Sanger to table First Reading pending further discussion of proposed amendments by Council Councilmember Ross stated she felt the Ordinance should require lights off at 10:00 p.m. instead of 11:00 p.m. and suggested looking at a provision that states if fields are going to be lit past 10:00 p.m. those fields need to be retrofitted now and that might alleviate some of those problems. Councilmember Hallfin noted that a majority of the fields are City fields and he felt the Ordinance was well written. He commended staff for their efforts in drafting the Ordinance after significant discussion with Council. The Motion failed for lack of a second. It was moved by Councilmember Hallfin, seconded by Councilmember Santa, to approve First Reading of Ordinance Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Section 36-363 and to set Second Reading for October 15, 2012. Councilmember Ross stated she agreed with Councilmember Sanger's concerns and requested Council review the Ordinance in study session prior to the Second Reading. The motion passed 6-1 (Councilmember Sanger opposed). 9. Communications Councilmember Spano stated that a fundraiser for STEP is being held this evening until 10.00 p.m. at McCoy's with 25% of food and non-alcoholic beverage sales going to STEP. City Council Meeting -7- September 24, 2012 Mayor Jacobs stated the St. Louis Park Community Foundation will be holding a fundraiser on September 29th at the Warehouse Winery. He added further information is available on the St. Louis Park Public Schools Foundation website. Mr. Harmening reminded residents that voters who wish to cast absentee ballots can do so by obtaining a ballot at City Hall from 8:00 a.m.-4:30 p.m. Monday through Friday. He stated that residents will also be able to vote on Saturday, November 3, from 10:00 a.m.-3:00 p.m. and until 5:00 p.m. on November 5`h. He added if residents want to vote by mail, residents can contact City Hall for an absentee ballot application form. 10. Adjournment The meeting adjourned at 8:27 p.m. %,� 7'lcrnom / �� Nancy StrotCity Clerk Jeff dc4s, 14ayor