HomeMy WebLinkAboutCCAgen_11Feb 9
CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA February 9, 2011 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS
____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: 1. Katrina Joseph, Prosecuting Attorney Update D. APPROVAL OF MINUTES: January 12, 2011 E. PUBLIC HEARINGS:
F. CONSENT AGENDA: 1. General Disbursements through 1/31/2011: $75,241.43 Payroll through 1/27/2011: $30,784.35 2. City License Renewal 3. Appointment of Fire Inspector 4. Acceptance
of Monetary Donations to Special Events 5. Budget amendment to the 2010 Larpenteur Streetscape Capital Project Fund # 427 and Infrastructure Capital Fund # 419 G: POLICY ITEMS 1. Delegation
of Franchise Renewal Authority to Northwest Suburban Cable Commission H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT:
CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA January 12, 2011 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X_ HARRIS
_X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X_ MILLER _X_ C. PRESENTATIONS: D. APPROVAL OF MINUTES: December 8, 2010 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Keith Gosline Moved Approval
5-0 1. General Disbursements through 1/6/2011: $318,985.64 Payroll through 12/29/10: $30,648.08 2. City License Renewal 3. Review of Elected Officials Out-Of-State Travel Policy 4. Resolution
Designating Official Depositories 5. Designation of Official Newspaper 6. Review and Adopt Council Standing Rules 7. Appointment of City Engineer 8. Appointment of City Attorneys 9.
Appointment of City Auditor 10. Commission Appointments Amended to add Ethan Wagner Environment Commission 2nd Term 11. Designation of 2011 Acting Mayor 12. Council Liaison Assignments
13. 2011 Tree Trimmer Contract 14. Amendment to 2011 Fee Schedule 15. Statutory Tort Limits Limits Liability Coverage for City in 2011 16. Lawful Gambling Permit for Falcon Heights Elementary
PTA 17. Cost of Living Increase for City Employees 18. Amendment to City’s Flexible Benefits Plan 19. Lauderdale and Falcon Heights Recreation Program Agreement 20. Approve State of
Minnesota Pay Equity Report G: POLICY ITEMS 1. Resolution of Intent to Become a GreenStep City Pamela Harris Moved Approval 5-0
2. Amendment to Building Inspector Services Contract Chuck Long Moved Approval with the City of Little Canada 5-0 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:30
p.m.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date February 9, 2011 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted
By Roland Olson, Finance Director The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 1/31/2011: $75,241.43 Payroll through 1/27/2011:
$30,784.35 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date February 9, 2011 Agenda Item Consent F2 Attachment Submitted By Michelle Tesser, Assistant
to the City Administrator The City That Soars! Item City License Applications Description The following individuals have applied for a Refuse/Recycler’s License for 2011. Staff has received
the necessary documents for licensure. 1. Veolia ES The following individuals have applied for a Therapeutic Massage License for 2011. Staff has received the necessary documents for
licensure. 1. Ferencz-Mihaly Vinvze-Turcean The following individuals have applied for a Home Occupation License for 2011. Staff has received the necessary documents for licensure. 1.
MARCH services The following individuals have applied for a Car Wash, Gas Station, Retail Grocery, Cigarette for 2011. Staff has received the necessary documents for licensure. 1. Falcon
Heights Gas & Convenience, Inc. The following individuals have applied for a Tree Trimming License for 2011. Staff has received the necessary documents for licensure. 1. Hugo’s Tree
Care, Inc. 2. Branch and Bough Tree Service & Landscape Care 3. S & S Tree Specialists 4. Season Pro Tree Care The following individuals have applied for a Mechanical License for 2011.
Staff has received the necessary documents for licensure. 1. St. Paul Plumbing and Heating
2. Pronto Heating & AC 3. Centerpoint Energy The following individuals have applied for a Municipal Business License for 2011. Staff has received the necessary documents for licensure.
1. Butler Vacuum 2. Falcon Heights Gas & Convenience, Inc. Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2011
City License Applications
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date February 9, 2011 Agenda Item Consent F3 Attachment Submitted By Justin Miller, City Administrator
The City That Soars! Item Appointment of Fire Inspector Description The City of Falcon Heights employs a fire inspector to conduct commercial fire inspections as well as our rental licensing
program. This person also conducts inspections for the City of Lauderdale through the contract between both cities. This position became vacant at the end of 2010, and staff approached
a Falcon Heights firefighter, Mike Arcand, to fill the position. Mr. Arcand graciously accepted and is excited about filling this need within our organization. Budget Impact This position
is included in the 2011 operating budget for 20 hours a week. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council appoint Mike Arcand as the City
of Falcon Heights Fire Inspector at the rate of $16.00/hour.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date February 9, 2011 Agenda Item Consent F4 Attachment Submitted By Michelle Tesser, Assistant
to the City Administrator The City That Soars! Item Acceptance of Monetary Donations to Special Events Description Annually, letters are sent to Falcon Heights’ businesses in December
inviting them to support the special events for the upcoming year. There are four levels at which a business can donate: Platinum ($500+), Gold ($150+), Silver ($100-$149) and Bronze
($50-$99). Gift certificates and supply donations are also welcomed. The Parks and Recreation department uses the money from the local businesses to assist in purchasing the events entertainment,
activities, games, supplies and any other event related costs. Each business that donates money to the city is recognized on the city’s website, newsletter, event flyers and at the event.
Business donations received currently for 2011 are below: Company Owner Amount Level Personal Fitness System Keith Gosline $150.00 Gold Warner's Stellian Jeff Warner $150.00 Gold Awad
Eye Care Zane Awad $150.00 Gold James Kernik, DDS James Kernik $100.00 Silver Hair Designs Unlimited Hieu Insixiensmay $50.00 Bronze John A. Knutson & Co, PLLP John Knutson $50.00 Bronze
Total: $650.00 Budget Impact The total amount accepted offsets any costs associated with events. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council
accept donations in the amount of $650.00. Donations go into the Event Community Support account located in the General Fund.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date February 9 , 2011 Agenda Item Consent F5 Attachment Submitted By Roland Olson, Finance Director
The City That Soars! Item Budget amendment to the 2010 Larpenteur Streetscape Capital Project Fund # 427 and Infrastructure Capital Fund # 419 Description The December 8, 2010 consent
to transfer funds from the Infrastructure fund to the 2010 Larpenteur Streetscape capital project fund needs to be expanded. The budget line item amounts for both the revenue and expense
budgets were inadvertently omitted. This would allow a comparison budget to be presented in our Comprehensive Annual Financial Report. We had originally estimated the amount of the transfer
to be estimated at $500,000. Staff recommends establishing the following budget line items: 2010 Larpenteur Streetscape Capital Project Fund: Revenue: 427-000-39200 $500,000 Expense:
427-4427-92000 $500,000 Infrastructure Capital Fund: Expense: 419-4419-97000 $500,000 Budget Impact Establish budget line item amounts as listed above. Attachment(s) NA Action(s) Requested
Staff recommends amending the following budget line items: 2010 Larpenteur Streetscape Capital Project Fund # 427: Revenue: 427-000-39200 $500,000 Expense: 427-4427-92000 $500,000 Infrastructure
Capital Fund # 419: Expense: 419-4419-97000 $500,000
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date February 9, 2011 Agenda Item Policy G1 Attachment Resolution 11-03 Cable Franchise Renewal
Fact Sheet Submitted By Justin Miller, City Administrator The City That Soars! Item Delegation of Franchise Renewal Authority to Northwest Suburban Cable Commission Description The City
of Falcon Heights’ cable franchise agreement with Comcast expires on October 1, 2013. While this date is over two years away, federal regulations require a lengthy and complicated renewal
process, so members of the ten-city North Suburban Cable Commission (NSCC) have begun discussing what needs to be done to make sure that the negotiations proceed in a smooth manner.
The NSCC serves as the technical and administrative facilitator for our cable franchise needs. As such, the joint powers agreement that the city is a party to already delegates much
of our authority to the commission. However, in order to avoid any legal questions that may arise during the negotiation period, NSCC staff and legal counsel are asking their member
cities to approve the attached resolution specifically spelling out this delegation of duties. In the end, the franchise will still need to be approved by each individual city, but having
a unified position among the ten cities will improve our positions at the negotiating table. Budget Impact N/A Attachment(s) Resolution 11-03 Cable Franchise Renewal Fact Sheet Action(s)
Requested Staff recommends that the Falcon Heights City Council adopt the attached Resolution 11-03.
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION February 9, 2011 No. 11-03 -----------------------------------------------------------A RESOLUTION CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL
PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED WHEREAS, the City of Falcon Heights (“City”) enacted an ordinance and entered into a cable television
franchise agreement (collectively, the “Franchise”) with MediaOne North Central Communications Corp. (“MediaOne”), which became effective October 1, 1998, to provide cable television
service within the territorial limits of the City; and WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc. (“Comcast”) currently holds the Franchise;
and WHEREAS, the North Suburban Cable Commission (the “Commission”) was organized by the City and the other member cities pursuant to Minn. Stat. § 471.59, as amended, for the purposes
of monitoring Comcast’s performance, operations and activities, and coordinating, administering and enforcing the City’s Franchise and the franchises granted by the Commission’s other
member cities; and WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as amended (the “Cable Act”), 47 U.S.C. § 546(a)(1), provides that if a written renewal
request is submitted by a cable operator during the 6-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration,
a franchising authority shall, within six months of the request, commence formal renewal proceedings to identify the future cable-related community needs and interests, and to review
the performance of the cable operator under its franchise during the then current franchise term; and WHEREAS, the Franchise is scheduled to expire on October 1, 2013, unless sooner
terminated or extended; and WHEREAS, by letter dated October 11, 2010, from Comcast to the City, Comcast invoked the formal renewal procedures set forth in Section 626 of the Cable Act,
47 U.S.C. § 546; 546; and WHEREAS, the City is desirous of commencing the formal renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the
same time, of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City wishes that the formal proceedings
under Section 626(a) of the Cable Act and the informal renewal process under Section 626(h) be managed and conducted by the Commission, or its designee(s); and WHEREAS, the City intends
to confirm the Commission’s pre-existing authority to take any and all steps required or desired to comply with the franchise renewal and
related requirements of the Cable Act, Minnesota law and the Franchise in accordance with the broad powers granted to the Commission by the Amended North Suburban Cable Commission Joint
and Cooperative Agreement for the Administration of a Cable Communications System, dated June 1990 (the “Joint Powers Agreement”); and WHEREAS, the Commission is empowered by Joint Powers
Agreement to conduct the Section 626(a) proceedings on the City’s behalf and to take such other steps and actions as are needed or required to carry out the formal and informal franchise
renewal processes; and WHEREAS, the Commission, on behalf of the City, must provide the public with notice of, and an opportunity to participate in, formal renewal proceedings under
Section 626(a) of the Cable Act; and WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal process may involve the collection and analysis of information from
Comcast (and its affiliates and subsidiaries), City agencies and departments, the Commission, the North Suburbs Access Corporation, the public and other interested parties, and may require
one or more public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA, THAT: Section 1. The City authorizes the Commission and its
staff to commence formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast and the
Franchise, on the City’s behalf, pursuant to the powers granted to the Commission in the Joint Powers Agreement. These proceedings, and all applicable procedures, timelines and deadlines
set forth in Section 626(a)-(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), may be tolled if Comcast and the Commission enter into a lawful and binding tolling agreement (“Standstill Agreement”).
Section 2. The Commission, Commission staff and/or their designee(s) are authorized to manage and conduct those formal franchise renewal proceedings specified in 626(a)(1) of the Cable
Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable laws, regulations, orders and decisions.
Section 3. The Commission, Commission staff and/or their designee(s), may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable
Act, 47 U.S.C. § 546(h). If the Commission and Comcast decide to utilize the informal renewal process, the Commission, Commission staff and/or their designee(s) are authorized to enter
into a Standstill Agreement, if appropriate or desired, to perform past performance and needs assessment reviews, to negotiate and communicate with Comcast concerning matters relating
to the renewal and/or extension of the Franchise, and to take all other steps and actions necessary or desired to engage in the informal renewal process and/or to comply with applicable
laws, regulations, orders and decisions. Section 4. The Commission, Commission staff and/or their designee(s) shall provide the public with notice of, and an opportunity to participate
in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), unless those proceedings are tolled pursuant to a Standstill Agreement, in which case such
notice and an opportunity to participate will only be required if the Standstill Agreement ceases to
be effective or if the Cable Act’s formal renewal process is re-activated in accordance with the Standstill Agreement. Section 5. The Commission, Commission staff and/or their designee(s)
may establish procedures and dates for the conduct of any hearings related to the Section 626(a) proceedings or the informal franchise renewal process and may establish procedures and
dates for the submission of testimony and other information in connection with such proceedings and the informal franchise renewal process. Section 6. The Commission, Commission staff
and/or their designee(s) are authorized to request and require Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with
the Section 626(a) proceedings or the informal renewal process under Section 626(h), to the maximum extent permitted by the Franchise and applicable laws and regulations, to gather such
other information from other persons or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City’s, the Commission’s, the North
Suburbs Access Corporation’s and the public’s cable-related needs and interests are satisfied and fully protected consistent with applicable law. Section 7. The City reserves all of
its rights, remedies and defenses with respect to determining whether or not to renew the Franchise, to the full extent permitted by law. The Mayor, City Council members and City employees
shall not take a stated position on the renewal of the Franchise or any Franchise renewal-related issues until the Commission makes a formal written recommendation to the City concerning
whether renewal of the Franchise should be approved or denied under the formal and/or informal renewal processes. Section 8. Nothing in this Resolution shall be construed to limit the
powers of the Commission under the Joint Powers Agreement or to otherwise waive or limit the Commission’s authority, rights, remedies and defenses under applicable agreements, laws,
regulations, orders and decisions. Section 9. The Commission shall keep the City fully apprised of the status and progress of the formal and informal renewal processes, as appropriate.
Section 10. This Resolution shall become effective immediately upon adoption. -------------------------------------------------------------------Moved by: Approved by: ________________________
Peter Lindstrom, Mayor February 9, 2011 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Justin Miller HARRIS ____ Against City Administrator LONG February 9, 2011
MERCER-TAYLOR
NORTH SUBURBAN COMMUNICATIONS COMMISSION CABLE FRANCHISE RENEWAL FACT SHEET What does the cable franchise renewal process involve? The formal franchise renewal process is one of administrative
litigation. The process itself is spelled out in federal law in Section 626 of the Cable Communications Policy Act of 1984 (the “Cable Act”), and it is designed to protect the rights
of the incumbent cable provider while also ensuring that a community’s present and future cable-related needs and interests are satisfied, taking cost into consideration. Formal franchise
renewal begins with the cable provider notifying the franchising authority of its desire to renew its cable franchise agreement. The franchising authority then begins by evaluating the
cable provider’s performance under the existing franchise, including the engineering of the cable system, and by ascertaining the cable and communications needs of the community. This
typically involves hiring experienced engineering, legal, financial and ascertainment consultants and can take 6 to 12 months (or more) to complete. The franchising authority then may
request that the cable provider submit a proposal showing how it will meet the needs identified in the ascertainment. The formal process also requires public input on the cable provider’s
past performance and on the needs ascertainment While federal law also permits the use of informal franchise renewal negotiations with the cable provider at any time (including simultaneously
with the formal process), a franchising authority must be prepared to follow the requirements of the formal process because either side may choose to return to that process at any time
during the renewal proceedings. Typically, the renewal proceedings alternate between the formal and informal processes several times. Can we negotiate with more than one cable provider?
The federal franchise renewal process is intended for the franchise of the incumbent cable provider. None of the franchises of the NSCC member cities are exclusive, however, so member
cities may negotiate a new franchise with another cable provider at any time. That having been said, cable system overbuilds are not common because the new provider must invest a significant
amount of money in the construction of a network with no customer income until the new system is built. In the meantime, the incumbent controls 60-65% of the market, and satellite providers
have most of the rest. Overbuilding is a very difficult and expensive proposition requiring very deep pockets and long-term commitment. In recent years, the only providers that have
tried overbuilding are traditional telephone companies Verizon and AT&T, neither of which have landline telephone companies in Minnesota. Furthermore, both have halted all new construction
in order to concentrate on the systems they have already built. Meanwhile, Qwest has shown no credible interest in constructing an advanced wireline network that can compete with Comcast’s
cable system in the NSCC’s member cities. Can we simply extend the existing existing cable franchise? This is a possibility, although the incumbent provider is not likely to want to
do so. A typical goal of providers in franchise renewal is to eliminate and/or trim back obligations in the current franchise agreements, including the Institutional Network, the number
of public, educational and government (PEG) access channels, and the financial support of those channels. Nevertheless, the commission will explore that option with the company. Why
should we have the NSCC and its staff handle our franchise renewal, rather than doing it ourselves? First, cable franchising and renewal law is very complex, involving the interplay
between federal, state and local laws and regulations with 30-40 years of legal and legislative history. It also is constantly changing and evolving. Second, Comcast is the largest cable
company in the United States (if not the world) and has a full-time
staff that does nothing but cable franchise renewal negotiations. As a result, the company’s renewal staff and attorneys are very knowledgeable about the law and how to use it to the
company’s advantage. Success on the local government’s side depends on having equally knowledgeable staff and legal counsel, devoting adequate resources to the renewal process and maintaining
a united front. Sharing the cost of the staff, as well as the consultant expertise for the technical compliance review and needs ascertainment, has always made sense, but, in these difficult
economic times, it is even more important. Further, having a number of cities (and their cable subscribers) on the local government side of the table provides more leverage against the
attempts by Comcast to eliminate or diminish its franchise obligations. Why does Comcast need a cable franchise? As a cable provider, Comcast is required by both federal and state law
to secure a franchise from the local government – typically a city, but the franchising franchising authority can also be a collection of cities or a county – in order to provide cable
television service using public rights-of-way. This franchise allows the cable provider to build its cable network in the public rights-of-way without having to negotiate with every
property owner. In return for a franchise to use the rights-of-way, which are scarce and valuable public property, the cable provider pays a franchise fee, capped by federal law at 5%
of gross revenues, and usually has obligations to provide channel capacity and financial support for public, educational and government access channels and to provide an Institutional
Network for local government use. Why should we bother with franchise renewal when all television is moving to the Internet? Although a lot of video, including many traditional television
programs, is now available over the Internet, it will be many years before all television programming currently distributed via cable and satellite providers is available over the Internet.
In fact, there is some concern that the Internet as currently structured does not have enough capacity to handle that volume of video programming. Further, to date, we are not seeing
any of the traditional programming networks abandon cable and satellite distribution, and new programming networks – including the recently introduced Oprah Winfrey Network (OWN) – are
still being developed and introduced for cable and satellite distribution. So, given the state of the industry, technology and the market, local franchising authorities and cable providers
must work with the laws and regulations that are currently in place. Can a renewal request be denied? Yes, both legally and practically. Although most communities do eventually renew
the incumbent cable operator’s franchise, several communities have successfully denied renewal. The Cable Act permits a community to deny renewal if past performance has been inadequate;
or if the incumbent operator is legally unqualified or is unwilling or unable to devote the necessary technical skills and financial resources to the community; or if the operator is
unwilling to reasonably satisfy the future, cable-related needs and interests of the community considering the cost of meeting those needs and interests. The operator says everything
a local franchising authority asks for will be passed through to subscribers in rates. Is that true? Not necessarily. In rate regulated franchise areas (such as the NSCC’s member cities),
an operator can pass through increases in its external costs to subscribers. Some franchise requirements, such as PEG and franchise fee requirements, are external costs, but not all
are. In addition, because the operator is only entitled to pass through the increase in those costs, renewal franchise requirements do not necessarily result in rate increases, depending
in part on what was required under the prior franchise, the length of the prior franchise, and the operator’s recovery schedule. January 17, 2011