HomeMy WebLinkAbout2015/04/13 - ADMIN - Minutes - City Council - Study Session f/fSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
APRIL 13, 2015
The meeting convened at 6.27 p m
Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg,
Anne Mavity, and Jake Spano
Councilmembers absent: Susan Sanger
Staff present: Deputy City Manager/Director of Human Resources (Ms Deno), Civic TV
Coordinator (Mr Dunlap), Director of Inspections (Mr Hoffman), Director of Engineering (Ms
Heiser), Senior Engineering Project Manager (Mr. Elkin), Communications Specialist (Ms.
Pnbbenow), and Recording Secretary(Ms Hughes).
Guests. Mr. Bnan Grogan (Moss & Barnett), Mr. Bruce Browning (Telecommunications
Advisory Commission), Mr. Patnck Haggerty (CenturyLink), and Mr. Terry Gips (Chair) and
members of the Environment & Sustainability Commission
1. Future Study Session Agenda Planning—April 20 and April 27, 2015
Ms Deno presented the proposed special study session agenda for April 20th and the proposed
study session agenda for Apnl 27`h
2. Competitive Video Franchising Process in St. Louis Park
Mr. Dunlap presented the staff report and introduced Mr. Patrick Haggerty from CenturyLink
and Mr Bruce Browning from the Telecommunications Advisory Commission.
Mr Grogan explained the Federal Cable Act stated that a franchising authority may award one or
more franchises within its junsdiction and may not grant exclusive franchises and may not
unreasonably refuse to award an additional competitive franchise. He reviewed the state
statutory process, including notice of intent to consider an application for a franchise followed by
a public hearing and decision by Council on the issuance of an additional franchise. He stated
that CenturyLink indicated it intended to meet the same obligations as the incumbent operator
and would comply with whatever fees and taxes were imposed on the incumbent operator. He
advised that CenturyLink was not proposing to build out the entire City and had cited the "621
Order" adopted by the FCC in 2007 in which the FCC found it unreasonable for local cities to
stand in the way of competition. He noted CenturyLink felt that Order preempted state statute
He indicated Council must consider whether Minnesota law was consistent with the 621 Order
and noted that the City of Minneapolis was currently in negotiations with CenturyLink regarding
this issue. He advised that the League had been actively involved in the matter and the City
Attorney and staff would prepare further information for Council consideration in May
Councilmember Spano stated that Council was interested in bnnging more competition into the
community, but was concerned about CenturyLmk only providing services in certain areas of the
City
Mr. Dunlap explained the build-out proposed by CenturyLink was based on the technical layout
of their current system that followed their lines and strongest signals. He stated that CenturyLink
Study Session Minutes -2- April 13, 2015
presented staff with a service map showing build-out in two neighborhoods, one in the
Westwood Hills Nature Center area and one near Meadowbrook.
Councilmember Spano said the FCC 621 order was the Bush FCC, and asked if the Obama FCC
had addressed this.
Mr. Grogan stated the FCC reviewed it in January. He reiterated that the order preempted local
restrictions and not state restrictions since many states had passed state-wide franchises in the
last five years and those were not to be challenged.
Councilmember Lindberg agreed with Councilmember Spano's concerns and asked about a
franchisee's ability to cherry pick where it would provide service in the future.
Mr. Grogan stated it was his impression that the issue could be negotiated with CenturyLink.
Councilmember Mavity stated she supported competition and was generally supportive of
moving forward with an additional franchise, but did not want to be the first city to approve an
additional franchise.
Councilmember Brausen stated he was supportive of offenng CenturyLink the opportunity to
apply for the franchise, and of their offer to pay our legal costs if necessary.
Councilmember Hallfin asked if CenturyLink would be required to offer services to the entire
City by a certain date.
Mr. Grogan replied the City would have to negotiate that requirement with CenturyLink, adding
that staff would be watching to see what other cities did in this regard.
Councilmember Lindberg felt this represented a sound proposition for residents and was in
support of moving forward with CenturyLink's request He urged the City to obtain
CenturyLink's agreement in wnting to indemnify the City's legal costs so that residents were not
at risk of unnecessary legal exposure. He would like more information on the maps and how his
west central ward would be affected, and stated he didn't want to be the first community to do
this either.
It was the consensus of the City Council to initiate a video franchise process as requested by
CenturyLink by publishing a "Notice of Intent to Franchise."
3. Environment& Sustainability Commission Annual Report& Work Plan
Mr. Elkin presented the staff report.
Mr. Paul Zeigle stated he was appointed to the Environment & Sustainability Commission in
January and served on the Energy Work Group and was leading the Transportation Work Group
Ms. Rachel Harris stated she served as Vice Chair of the Commission.
Ms. Karen Laumb stated she served on the Water-Land-Wildlife Work Group.
Ms. Nancy Rose stated she served on the Water-Land-Wildlife Work Group.
Study Session Minutes -3- Apnl 13, 2015
Ms. Judy Voigt stated she served on the Energy Work Group, the Water-Land-Wildlife Work
Group, and the Communications Work Group.
Ms. Cindy Larson O'Neil stated she served on the Energy Work Group.
Mr. Terry Gips, Chair of the Commission, thanked Council for its commitment to the
environment and commended Mr. Elkin and staff for their work with the Commission. He stated
the Commission envisioned the work groups as open-ended and reaching out to the community
and all of the Commission members wanted the Commission to have better connections to the
community and to build stronger relationships with the neighborhoods.
Ms. Larson O'Neil presented a summary of the Energy Work Group's current partnerships and
initiatives, including PACE, Xcel Partners in Energy, and B3 Benchmarking.
Mr Eilers stated the Energy Work Group was also working in partnership with the City on a
number of solar opportunities He stated that a number of local and national entities had
approached municipalities and businesses about participating in solar gardens.
Ms. Voigt advised the Water-Land-Wildlife Work Group recently had Mr. John Bilotta from the
University of Minnesota Extension Office give a presentation regarding land use and clean water
and would like to have another workshop with Council and staff. She stated they would like to
promote greener infrastructure and would like to see the City's Storm Water Pollution Protection
Plan updated based on the new PCA rules regarding runoff. She stated they would like to be
more involved and provide input to Council as it related to urban meadows, adding they felt that
areas in the City that were not developable should be urban meadows.
Councilmember Mavity stated the City had a policy that the City could not exceed 90% of the
City's water capacity and a recent study at the West End found that capacity had gone up to
93%. She added it typically fell on the City to increase capacity. She stated she would like to
see what strategies could be implemented to address the need to continue increasing capacity and
reducing use.
Councilmember Spano felt it was important to consistently remind residents and businesses
about organics recycling, rain barrels, composting, etc , and to utilize residents to spread the
word about things they can be doing.
Councilmember Mavity urged the Commission to interact more with the community and have a
conversation with the community to get their input. She suggested the Commission hold a senes
of listening sessions either separately or in conjunction with other events
Ms Voigt advised that the Communications Work Group's goal was to raise awareness for
sustainability, encourage community involvement, and work closely with staff and the
Commission to develop a vision for sustainability
Mr. Gips discussed the GreenStep Cities Work Group and stated they were pleased the City had
made a commitment to the program. He also discussed the Education and Action Work Group
and advised that an Organics Workshop was scheduled for Saturday, Apnl 18`h. He stated they
would like to provide education and outreach at Parktacular and National Night Out, as well as to
the neighborhood groups. He stated they were working with Health in the Park on community
gardens and would also like to do an annual community survey focused on the environment and
Study Session Minutes -4- Apnl 13, 2015
sustainability to obtain feedback for the work groups. He stated they would like to host a
workshop for Council and other commissions to provide basic awareness for sustainability,
develop a baseline assessment, and then develop a vision of sustainability and an action plan. He
stated they would also like to do this workshop with City staff and the broader community to
reach a shared understanding about the environment and sustainability.
Councilmember Mavity stated the City Council was already committed to this work and the
Commission's proper audience was the community.
Councilmember Hallfin urged the Commission to reach out to the Parks and Recreation
Commission and Health in the Park and suggested holding a joint meeting with them.
Mayor Jacobs thanked the Environment and Sustainability Commission for its report and
thanked all of the members for their hard work.
4. Update on Highway 100 Traffic Issues (Verbal)
Ms. Deno distributed a copy of Mn/DOT's response to the City's formal request regarding traffic
signals.
Ms. Heiser advised that Mn/DOT proposed the following traffic mitigation measures. (1) to
close the southbound 100 ramp to Westside Dnve; (2) to detour eastbound Highway 7 to
southbound 100 via Louisiana Avenue south to Excelsior Boulevard then east to 100; (3) to
adjust the westbound Minnetonka Boulevard detour from Wooddale Avenue to Louisiana
Avenue; and (4) to adjust the signal timing on Wooddale Avenue and West 36th Street to add
more green time for southbound Wooddale onto 36th Street and westbound 36th Street onto
northbound Wooddale. She noted the Louisiana Avenue interchange was not completed, but the
contractor had indicated they could shift the main construction times to 9:00 a m.-3:00 p.m. so
that the AM and PM peaks had no closures.
Mayor Jacobs spoke in favor of approving the four traffic mitigation measures submitted by
Mn/DOT. He also urged the City to continue to push Mn/DOT to install signal lights.
Councilmember Hallfin supported the four traffic mitigation proposals and suggested that the
first proposal be implemented on a trial basis He asked if there was any way the City could
close the ramp from Highway 7 to westbound Wooddale or to install a nght turn only at this
location.
Ms. Deno replied that would require input from the Fire Chief and Police Chief to address public
safety concerns.
Councilmember Mavity asked about the cost of temporary traffic signals.
Ms. Heiser replied the cost for temporary signals was $150,000 for both signals and the cost for
permanent signals was approximately $600,000. She stated the SWLRT base plan was to have
permanent signals installed at this location in 2019.
Councilmember Mavity asked if the City could pay for installation of the signals now and
request reimbursement pursuant to the planned installation of these signals.
Study Session Minutes -5- Apnl 13, 2015
Ms. Heiser indicated that the Southwest Project Office (SPO) was unwilling to enter into an
agreement to reimburse the City until after the SWLRT Record of Decision (ROD). The ROD is
scheduled for first quarter 2016.
Councilmember Mavity felt the City should move forward with installation of the signals and
have the reimbursement be contingent on permanent financing.
It was the consensus of the City Council to approve the second, third, and fourth traffic
mitigation measures proposed by Mn/DOT. It was also the consensus of the City Council to
approve the first traffic mitigation measure proposed by Mn/DOT pending discussion with the
Police Chief and Fire Chief to address any public safety concerns associated with this closure.
Communications/Meeting Check-In (Verbal)
Councilmember Hallfin advised that he and Councilmember Mavity recently attended a
neighborhood meeting about the Bally's site and there was discussion about whether the
guidelines stated that the development could be no higher than four stones He requested
information on the original guidelines used for number of stones for Excelsior and Grand design
Mayor Jacobs adjourned the meeting at 8.45 p m.
Wntten reports provided and documented for recording purposes only:
5. Central Park West Redevelopment Contract Update
6. Encore Development— France Avenue Update
7. Bridgewater Development Update
8. Southwest LRT Up' to
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Melis a Kennel y, City Clerk 11. Jeff Ja bs, ayor