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HomeMy WebLinkAbout2015/11/02 - ADMIN - Minutes - City Council - Regular df/ St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 2, 2015 1. Call to Order Mayor Jacobs called the meeting to order at 7:36 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Susan Sanger, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr Mattick), Deputy City Manager/Human Resources Director (Ms. Deno), Moss & Barnett Attorney (Mr. Grogan), Civic TV Coordinator (Mr. Dunlap), Fire Chief (Mr Koenng), Communications Coordinator (Mr. Zwilhng), and Recording Secretary(Ms Wirth) Guests: None. la. Pledge of Allegiance lb. Roll Call 2. Presentations - None 2a. Small Business Saturday Proclamation Mayor Jacobs read in full a proclamation declaring Saturday, November 28, 2105, as Small Business Saturday in the City of St Louis Park. 3. Approval of Minutes 3a. Study Session Minutes September 28, 2015 The minutes were approved as presented 3b. Listening Session Minutes October 12, 2015 The minutes were approved as presented. 3c. Study Session Minutes October 12, 2015 The minutes were approved as presented. 3d. Special Study Session Minutes October 19, 2015 Councilmember Sanger requested the following addition to Page 3, Paragraph 8, 'She stated that if left turns from Park Commons Drive to Monterey were banned the many residents who lived north of Excelsior and Grand would not have any good way to get home. They would either have to turn nght onto Monterey, shoot into the left lane, and City Council Meeting -2- November 2, 2015 turn left on Excelsior Boulevard and cut through the neighborhood to get back to Monterey, or they would have to go Grand Way, wait at the light at Excelsior Boulevard, turn left, and wait again at the light at Monterey, which is already crowded. These bad alternatives would just transfer the problems somewhere else and thus are not a good solution.' The minutes were approved as revised. 3e. City Council Meeting Minutes October 19, 2015 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. Accept for filing City Disbursement Claims for the period of September 26, 2015, through October 23, 2015. 4b. Approve Second Reading and Adopt Ordinance No. 15-2481 creating Section 36-268- PUD 3 of the Zoning Code and amending the Zoning Map from R-1 Single Family Residence to PUD 3 for property at the southwest corner of Wayzata Boulevard and Texas Avenue, and approve the Summary Ordinance for publication. 4c. Adopt Resolution No. 15-167 authorizing the special assessment for the repair of the sewer service line at 3325 Gettysburg Avenue South, St. Louis Park, MN P.I.D. 18- 117-21-23-0044. 4d. Adopt Resolution No. 15-168 authorizing the special assessment for the repair of the sewer service line at 8206 35th Street West, St. Louis Park, MN P.I.D 18-117-21-41- 0018. 4e. Adopt Resolution No. 15-169 authorizing the special assessment for the repair of the water service line at 2850 Texas Avenue South, St. Louis Park, MN P.I.D. 07-117-21- 44-0012. 4f. Adopt Resolution No. 15-170 authorizing the submission of the Hennepin County Environmental Response Fund (ERF) Soils Grant Application to the City of St. Louis Park in the amount of$357,200 for soil excavation adjacent to The Rec Center (3700 Monterey Drive) for the outdoor ice rink project. 4g. Adopt Resolution No. 15-171 authorizing fiscal agent, opening a bank account, and authorizing bank signatories for the Home Remodeling Fair. 4h. Approve for filing Fire Civil Service Commission Meeting Minutes June 23, 2015. 4i. Approve for filing Planning Commission Meeting Minutes September 16, 2015. It was moved by Councilmember Lindberg, seconded by Councilmember Mavity, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances City Council Meeting -3- November 2, 2015 The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing and First Reading of CenturyLink Cable TV Franchise Ordinance Mr. Dunlap introduced those in attendance for this agenda item as well as Brian Grogan, attorney with Moss & Barnett representing the City in this matter. Mr. Grogan described the City's past consideration, noting CenturyLink's technical qualifications have already been reviewed and the Council adopted a resolution finding CenturyLink was qualified The goal was to establish the same franchise terms for Comcast and CenturyLink and the decision before the Council tonight relates to the appropriateness of those terms. Mr. Grogan described the negotiation process that had taken place and stated he thinks a similar franchise was developed, noting CenturyLink's two affiliates will provide the service. He stated the issue of compliance and enforcement is addressed in a carefully worded paragraph that has been approved by the City Attorney. Comcast had a 15-year franchise and CenturyLink will have a 5-year franchise with a 5-year renewal, tying the expiration with the pending expiration of the Comcast franchise in 2020. It also ties the term to substantial completion of the build out within the required five-years. Mr. Grogan completed presentation of the franchise ordinance and stated staff and the Cable Commission believe this model will work and promote success. Councilmember Sanger asked about the roll out requirement and what it is based upon. Mr. Grogan used the example that if the City had 100 homes, it requires within two years that they provide cable service to 15, or 15%. However, it is known the roll out will be much higher in St. Louis Park. Councilmember Sanger supported the indemnification agreement and asked what happens should Comcast decide to stop providing certain services, as they are not identical to the CenturyLink service. Mr. Grogan noted Comcast is free to change its channel lineup. He explained the channels contractually required are PEG channels and they are required to match those identically. If not, there would be a clear enforcement path He stated Comcast has welcomed competition, fairness, and equity Mayor Jacobs opened the public hearing. Tyler Middleton, CenturyLink Vice President of Operations, thanked the City, Mr Grogan, staff, and the Telecommunications Committee for using a constructive approach. He described their company and stated they have worked hard to bring choice and competition to St. Louis Park. Mayor Jacobs closed the public hearing. City Council Meeting -4- November 2, 2015 It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to approve first reading of an Ordinance granting a non-exclusive cable franchise to CenturyLink and set second reading of the ordinance for November 16, 2015 The Council discussed use of cable franchise fees to fund Park TV and noted there had been concern that franchise fee receipts would go down, but the report indicated when introducing competition receipts actually tend to go up. Mr. Dunlap stated there are many examples in which franchise fees go up for several years after there is a new entrant. The Council thanked all involved for their work on this technically and legally difficult issue. The motion passed 7-0 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Kerasotes Showplace ICON Theater Liquor License Premises Amendment Ms. Deno presented the staff report and request of Kerasotes Showplace to extend its premises liquor license to the full theater area. She indicated there have been no liquor violations and the Police Department voiced no objection or concern. Bob Gallivan, Director of Real Estate for Kerasotes Showplace, explained they want to expand the license to `level the playing field' for the competition. When first introduced, it was a unique idea but has now become the trend. He stated service would be limited to three dnnks and dispensed only from a designated area on the first floor Councilmember Brausen asked whether dnnks can be taken into the theater. Mr. Gallivan answered in the affirmative. Councilmember Brausen stated his support to offer an alcohol free zone of several aisles, though noted those who desire that type of seating do have the choice of another theater. Mr. Gallivan descnbed the difficulty with enforcing that type of offering and inability to offer those seats, if open, to others who have purchased a drink. It was moved by Councilmember Brausen, seconded by Councilmember Spano, to approve the request of Kerasotes Showplace ICON Theatre to amend the existing licensed premises by expanding the liquor service area to include all auditoriums on the premises and permitting the sale of alcohol from multiple service points on the premises The motion passed 7-0. 9. Communications Mayor Jacobs announced tomorrow is Election Day, noting the important elections for the City Council, School Board, and Legislature. He explained whom residents can contact to find their polling place and register to vote. City Council Meeting -5- November 2, 2015 ' Counciln5ember Spano stated the Secretary of State's website contains the most up-to- date.election result's-and noted there is same day registration-in the State of Minnesota. Councilmember Brausen reported on his attendance dt""the Equity Summit Conference in Las Vegas and commitment to address environment accountability, equity for all, and that'these changes need to occur organically, from the bottom up. . i I 10: Adjournment The meeting adjourned:at 8:13 p.m. • (Al �a Melissa Kennedy, City Clerk Jeff/ co. M./or . I I ' I i I I I 1 I