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HomeMy WebLinkAboutMinutes - 2000/10/23PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting `: - ~ October 23, 2000 ~~_ ,: :. f~ - Mounds View City Hall ~~~ , ___ ~ ~ "" ~' 2401 Highway 10, Mounds View, MN 55112 _ 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Stigney, Thomason, and Quick. NOT PRESENT: Marty. 3. APPROVAL OF AGENDA A. Monday, October 23, City Council Agenda. Mayor Coughlin asked the Council if anyone-would like to add items to the agenda. • No additions or corrections were noted. MOTION/SECOND: Thomason/Stigney. To accept the October 23, 2000, City Council Agenda as presented, dispensing with the reading of all ordinances and resolutions unless otherwise requested. Ayes - 4 Nays - 0 Motion carried. Council Member Marty was not present for the vote. 4. APPROVAL OF MINUTES A. Tuesday, October 10, 2000, City Council Minutes. Council Member Stigney indicated his electronic copy of the minutes was missing several pages and, therefore, he is unable to say whether or not those pages would have contained changes. It was the consent of Council to table approval of the Tuesday, October 10, 2000, City Council Minutes to the November 13, 2000 City Council Meeting. • Mounds View City Council October 23, 2000 Regular Meeting Page 2 • 5. SPECIAL ORDER OF BUSINESS: None. 6. REPORTS Mayor Coughlin noted this meeting was Council Member Thomason's last official City Council Meeting and thanked her for her service to the City. Community Development Director Jopke reported he had attended the Highway 10 Steering Committee Meeting and indicated Ramsey County is doing a good job of addressing the issues of the speed limit on County 10, crosswalk signage and longer pedestrian crosswalk times as requested by the City. Community Development Director Jopke is attempting to set up a breakfast meeting with businesses in the City to discuss County 10 issues from a business perspective. He noted this meeting is tentatively set for November 9, 2000. Community Development Director Jopke noted at the next meeting of the Highway 10 Steering Committee the discussion will center around the RFP process and developing a draft of the vision for County 10 before coming back to the City to ask for approval for the RFP process. The Metropolitan Council has notified Community Development Director Jopke there were no issues with the City's Comprehensive Plan. The Metropolitan Council is expected to approve the Comprehensive Plan on the Consent Agenda at their next meeting. Public Works Director Ulrich reported he had met with representatives of the residents from Eastwood Road, Sunnyside Road and Ardan Avenue to discuss the new street policy and possible assessments. There was good input from the residents and Staff felt the meeting was very constructive. There will be another survey sent out with Staff's recommendations for the different streets that residents can mail back to the City. Once the surveys are received the results will be tabulated and analyzed. At that time, another meeting with residents will be scheduled to discuss the results of the survey. Council Member Stigney indicated Mr. Ulrich had conducted a very thorough and informative meeting. Mayor Coughlin noted he was pleased with the new street policy and was pleased to see the new process underway. No further reports were considered. • Mounds View City Council October 23, 2000 Regular Meeting Page 3 • 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution to Continue Participation in the Metropolitan Council Livable Communities Act Program D. Set Public Hearing for 7:05 p.m., November 27, 2000 to Consider Ordinance No. 673, Amending Chapter 906.04, Subd. 4, Entitled "Liability for Repairs" of the Municipal Code (Water Services) E. Set Public Hearing for 7:05 p.m., November 13, 2000 to Consider Approval of Mermaid Preliminary Plat Mayor Coughlin asked the Council if anyone would like to remove items for discussion. Council Member Stigney requested Item D be removed for discussion. MOTION/SECOND: Quick/Stigney. To Approve the Consent Agenda for Items A, B, C, and E as presented. Ayes - 4 Nays - 0 Motion carried. • • Council Member Marty was not present for the vote. D. Set Public Hearing for 7:05 p.m., November 27, 2000 to Consider Ordinance No. 673, Amending Chapter 906.04, Subd. 4, Entitled "Liability for Repairs" of the Municipal Code (Water Services) Council Member Stigney indicated it was his understanding the Council had agreed to inform residents of the new ordinance by mailing information with their water bills that the residents could then return to the City. The purpose of the survey is to get resident input on the ordinance. The water bills are not due back until November 30, 2000 and he would like to schedule the public hearing sometime after that date to allow for review of the surveys and resident input. Public Works Director Ulrich indicated the information did go out with the water bills but said there was not a survey to be returned. The information sent to residents indicates there will be a public hearing on the matter on November 27, 2000 and indicates residents may appear before Council to comment on the issue if they wish. Council Member Stigney indicated he had brought up the survey issue at a Work Session and was under the impression Council had agreed to survey residents for their input on the ordinance prior to scheduling a public hearing on the matter. Public Works Director Ulrich apologized for the miscommunication. Mounds View City Council October 23, 2000 Regular Meeting Page 4 Mayor Coughlin indicated it was his understanding that it was the consent of Council to direct Staff to inform the residents of the potential changes in the utility bill and invite them to the public heanng for comment. Council Member Quick agreed with the understanding of Mayor Coughlin. Council Member Stigney disagreed as he was the one who brought up the issue at the Work Session and he believes Council agreed to survey the residents. He noted he felt Council was "missing the boat" when it comes to informing residents of changes that will affect them. Mayor Coughlin indicated he felt a letter to all residents informing them of the potential change and of the public hearing was adequate. MOTION/SECOND: Quick/Thomason. To Approve Consent Agenda Item D as presented. Council Member Stigney indicated he felt the Council missed the opportunity to get the response from the residents as to whether they support the change or not by using a survey included with their water bills. He indicated he is upset with the way this transpired. Ayes - 4 Nays - 0 Motion carried. Council Member Marty was not present for the vote. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Bill Doty of 3049 Bronson Drive, who is the Acting Chairperson of the Charter Commission, addressed the Council concerning the two proposed charter amendments on the November 7, 2000 ballot. He indicated there was an article in the paper which stated there were 107 cities in Minnesota under a city manager form of government. He wanted it noted for the record there is only one city the size of Mounds View under a city manager form of government. He also noted Northfield is currently changing to a city manager form of government and has spent an entire year researching the matter. He then said he did not feel Mounds View has spent enough time on the matter. Mayor Coughlin indicated there has been considerable discussion concerning changing to a city manager form of government. Council Member Stigney disagreed with Mayor Coughlin. Mr. Doty asked the Mayor to define how much time had been spent discussing the matter. Mounds View City Council Regular Meeting October 23, 2000 Page 5 • Mayor Coughlin indicated the matter was discussed at a series of meetings over time. Mr. Doty indicated he did not feel enough time was spent on the issue and noted he wanted to say publicly he feels the Council has not dealt with this issue appropriately. Council Member Stigney clarified the comment of Mr. Doty noting that of the 107 charter cities referred to in the article only 30 have a city manager form of government and of those 30 cities only one city is the size of Mounds View. Mayor Coughlin indicated all cities that do not have a charter system have a manager form of government and those cities number in the 100's. Council Member Stigney indicated those cities are not charter cities they are statutory cities. There was no further resident input. 10. COUNCIL BUSINESS A. Consideration and First Reading of Ordinance No. 673, Amending Chapter 906.04, Subd. 4, "Liability for Repairs" of the Municipal Code (Water Services) • Public Works Director Ulrich read Ordinance No. 673 and clarified the amendments to it. The ordinance as amended permits the City to make repairs between the watermain and the structure with an executed right of entry agreement. It also requires the repairs be funded by an additional utility fee and the establishment of a separate service repair account for each premises. Mayor Coughlin inquired as to whether the ordinance had been placed on the website. Public Works Director Ulrich indicated he was not sure but would check into it. Council Member Stigney inquired as to whether the ordinance with its amendments would be published in the current edition of Mounds View Matters. Public Works Director Ulrich indicated it would be. Council Member Stigney inquired as to whether fee information would be provided in the article. Public Works Director Ulrich indicated fee information would be included. MOTION/SECOND: Quick/Thomason. To Waive the Reading and Approve Ordinance No. 673, an Ordinance Amending Chapter 906.04, Subd. 4, "Liability for Repairs" of the Municipal Code as it Relates to Water Services. • Mounds View City Council October 23, 2000 Regular Meeting Page 6 Council Member Stigney commented he disagrees with the way this is being applied all the way to the main. He said he thinks it should come to the curbstop and the City should have it from the curbstop to the main. For the first hearing and reading of this he believes it is fine but would like to see what resident input is on the matter at the public hearing. Ayes - 4 Nays - 0 Motion carried. Council Member Marty was not present for the vote. B. Consideration of Revised 2000 Affirmative Action Plan Assistant to the Administrator Reed told Council that at the September 11, 2000 meeting of the City Council the City's Affirmative Action plan was approved for submission to the Minnesota Department of Human Rights. The Department of Human Rights has reviewed the plan and has requested some changes. Most of the changes suggested were minor. The Human Rights Department did recommend the City complete a Weighted Small Company Availability Analysis rather than the regular Small Company Availability Analysis that was submitted in September. The regular Small Company Availability Analysis indicated the City is underutilizing women by 13 and people of color by three. The State expressed serious reluctance to certify an organization as small as Mounds View that is underutilizing women to such a high degree. In an effort to more accurately reflect the City s underutilization of women and people of color Ms. Reed conducted a Weighted Small Company Availability Analysis which calculates the number of women and people of color the City should employ given the size of each of the job groups and availability for each job group. The Weighted Small Company Availability Analysis (p.18) shows the City is underutilizing women by six and people of color by one. Mayor Coughlin inquired as to whether there were any other analyses that could be used other than the one recommended by the Department of Human Rights. Assistant to the Administrator Reed indicated she spoke to the City Administrator regarding using the Weighted Small Company Availability Analysis because when you get the packet from the state with instructions for the process the Weighted Small Company Availability Analysis is not an option the State gives to the City. This is something the State knows about and accepts but does not provide information on. She also indicated there are other analyses like this one cities can use. She indicated the City has looked at three different analyses so far and the one presented is the fourth analysis. Mayor Coughlin noted the City would not be required to hire right away to correct the underutilization of people in the noted people groups but aspire to reflect diversity in hiring in the future. • Mounds View City Council Regular Meeting October 23, 2000 Page 7 Assistant to the Administrator Reed indicated the City may be required to expand recruiting . efforts to use forms of media used by women and people of color to draw a more diversified candidate pool. Mayor Coughlin told Assistant to the Administrator Reed she did a masterful job of addressing his concerns and Council Member Stigney's concerns. MOTION/SECOND: Coughlin/Stigney. To Approve the Revised 2000 Affirmative Action Plan as Presented. Council Member Stigney indicated Assistant to the Administrator Reed had done a very good job on the matter. Ayes - 4 Nays - 0 Motion carried. Council Member Marty was not present for the vote. C. Discussion of Cable Franchise Applications Coralee Wilson, Executive Director of North Suburban Communications Commission and CTV - 15 addressed the Council and told them CTV - 15 is entertaining applications for two new franchises for cable. Most of the cities in the metropolitan area are looking at either two or three applications from companies who want to provide cable television services. The incumbent in the Mounds View area is AT & T Broadband. The incumbent in the Minneapolis area and south is Time Warner. The two applicants for the new franchise are Wide Open West which is based in Colorado and Everest Connections which is based in St. Louis. Telecommunications companies wishing to use the public right of way need to obtain a franchise from the City which enables them to use the public right of way without having to get an easement from each property owner. Even though there is only one cable provider in the area there has always been a nonexclusive cable franchise agreement with the cable provider. The reason there has been only one up until this point is it was deemed by other companies not to be cost effective to have to run all the cables and set up systems in an area where there was already a cable provider only to have to share 50% of the subscribers or possibly less than 50%. The reason there are now companies willing to share the market is most telecommunications companies are now able to provide cable, high-speed Internet access and telephone service to subscribers. Telecommunications companies have projected a possible sum of $150.00 per household for various subscriber fees. In 1984 Congress deregulated rates against the desires of local franchising authorities which allowed rates to climb. In 1992 Congress again regulated the rates but there was a sunset on regulation which ended last Fall. Consequently, rates increased. There are pros and cons to M Mounds View City Council October 23, 2000 Regular Meeting Page 8 competition in the telecommunications field. The competition should stabilize prices. It may not lower the prices but it will keep the prices steady. The downside of competition is there will be construction in the right-of--way and more green cable boxes in the right-of--way. Some residence right-of--way areas may have a large green box depending on how the system is laid out. There may also be more visual clutter on the utility poles. These are all things the City needs to look at as the franchise application process goes forward. If the City were to grant the franchise today there would still be a two to five year time period before services would be available. State law requires that cable commissions advertise for franchises. The Commission advertised in May of 2000 and accepted two applications and fees. There is a $50,000 fee required when the application is submitted which covers costs and fees associated with verifying the legal, technical and financial qualifications of the applicant. In the early 1980's cable companies came to town and promised many things that didn't materialize once the contract was granted. Much time and energy are being expended on behalf of the Commission to ensure this does not happen with new cable providers. The attorney for the Commission is reviewing the legal, technical and financial qualifications of the applicants and is drafting a report to submit to the Commission for review. The attorney has told the Commission he should be able to provide a rough draft of a franchise document sometime in December. Council Member Stigney inquired as to whether the City could require any new utilities be placed underground. Ms. Wilson indicated that the City is required to "level the playing field" for newcomers and a newcomer may be able to claim the City is putting a hardship on them that the incumbent does not have as it is significantly more expensive to place utilities underground than it is to place them above ground. Council Member Quick also indicated residents may not appreciate having their backyards torn up to bury cables. Mayor Coughlin indicated Council passed the Right-of--Way Ordinance to allow the Council to have the opportunity to require utilities to go underground if it is determined that is best for the City. Mayor Coughlin noted there were several members of the Cable Commission in the audience and thanked them for their support of the executive director including Jerry Skelly who is the godfather or grandfather of Mounds View's cable system. Mayor Coughlin noted the polling location for the November 7, 2000 general election is the Mounds View Community Center located on Edgewood Drive across from City Hall. • Mounds View City Council Regular Meeting October 23, 2000 Page 9 Council Member Stigney indicated there would be a candidates' forum on Tuesday, October 24, 2000 in Council Chambers that would also be rebroadcast on the cable channel throughout election time. 11. Next Council Work Session: Next Council Meeting: Wednesday, November 8, 2000 - 6:00 P.M. Monday, November 13, 2000 - 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 7:50 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. r~ ~_..,J