HomeMy WebLinkAboutCC MINUTES 11102015CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 10, 2015
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
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1 I Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
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13 ROLL CALL.
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15 Present: Mayor Faust; Councilmembers Brever, Gray, Jenson and Stille
16 Absent: None
17 Also Present: City Manager Mark Casey, Finance Director Shelly Rueckert, City Engineer Todd
18 Hubmer, Michael Bradley, Bradley Hagen Gullickson, LLC, Ramsey County Sheriff
19 Matt Bostrom
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22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
23 ITEMS.
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25 1. APPROVAL OF THE NOVEMBER 10, 2015, CITY COUNCIL MEETING AGENDA.
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27 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
28 Council Meeting Agenda of November 10, 2015.
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30 Motion carried unanimously.
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32 II. PROCLAMATIONS AND RECOGNITIONS.
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34 A. Presentation by Ramsey County Sheriff Matt Bostrom
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36 Ramsey County Sheriff Matt Bostrom reviewed there is a pattern of releasing two positive
37 stories a week. Although they don't always make the news, Sheriff Bostrom likes to bring them
38 to the Council's attention. Sheriff Bostrom stated they are always looking for ways to help the
39 City in collaboration and he is fortunate to have the relationship with the St. Anthony Police
40 Department. The Sheriff s responsibility is to assist the Police Department. On December 1, 4:30
41 — 6:30 p.m., it will be Coffee with the Patrol Officers at the Starbucks on 694 and Lexington.
42 This has been done twice in the past and the response has been very positive.
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44 Sheriff Bostrom stated two community drug forums were held. The Sheriff's office convened the
45 meeting along with the Police Chiefs. There were 250 -300 people in attendance and experts were
46 brought in to hold forums as well as students and parents. An information fair was also held after
47 the forum and these events will continue.
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City Council Regular Meeting Minutes
November 10, 2015
Page 2
1 Sheriff Bostrom invited residents to continue turning in drugs, mainly prescription drugs, into the
2 patrol station on Hamline. Other drop -off sites can be found on the website. As of July 2015,
3 6,000 pounds have been turned in.
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5 Sheriff Bostrom stated some of the detention staff have mentioned there are a large number of
6 phone calls coming in and staff was hoping to automate the calls. The calls mainly were asking if
7 the person they are looking for is in custody. Options of sending emails have been given to those
8 wanting to correspond with people in custody and voicemail is another option. Visitation rules
9 are explained on the automated answering system and 20- minute video visitations are done.
10 Remote visitations are also available. With these types of interventions, the detention facility
11 became safer as the persons held have better attitudes knowing someone on the outside is
12 thinking of them.
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14 Mayor Faust stated he was struck by what was said about treating people humanely and
15 applauded the Sheriff s office for doing that. He noted in October, there was a Fire Department
16 Open House and the Sheriffs Department had a communications EOC vehicle. It showed
17 residents the technology that was available should a disaster occur. Mayor Faust thanked the
18 Police Department and Sheriff's Department for their collaboration.
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20 Sheriff Bostrom stated he is working with strong Police Chiefs in the community.
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22 III. CONSENT AGENDA.
23 A. Consider October 27, 2015, City Council meeting minutes:
24 B. Licenses and Permits;
25 C. Claims: and.
26 D. Resolution 15 -065 a resolution Approving State of Minnesota Joint Powers Agreement
27 with the City of St. Anthony for the Use of Systems and Tools Available over the State's
28 Criminal Justice Data Communications Network: and the Subscriber Amendment.
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30 Motion by Councilmember Brever, seconded by Councilmember Stille, to approve the Consent
31 Agenda items as presented.
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33 Motion carried unanimously,
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35 IV. PUBLIC HEARING
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37 A. Ordinance 2015 -06 an ordinance Approving CenturvLink Franchise Agreement, Michael
38 Bradley, Bradley Hagen & Gullickson, LLC presenting Q` of 3 readings)
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40 Mayor Faust opened the public hearing at 7:22 p.m.
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42 Mr. Bradley reviewed the City is one of nine member cities of the North Suburban
43 Communications Commission (the "NSCC "). Following the submission of an application for a
44 cable television franchise for each member city of the NSCC, the above - entitled matter initially
45 came before the NSCC for a public hearing on Thursday, March 5, 2015. The public hearing was
46 held open through Friday, March 13, 2015, for the purpose of allowing additional written public
47 comments. Following the public hearing, the NSCC's Executive Director prepared a detailed
48 report entitled "Staff Report on CenturyLink Cable Franchise Application ". The NSCC received
City Council Regular Meeting Minutes
November 10, 2015
Page 3
1 and filed the staff report and directed NSCC staff to negotiate a cable telephone franchise with
2 CenturyLink. The NSCC adopted a Findings of Fact that recommended approval of the
3 negotiated cable television franchise with CenturyLink by each member city. The CenturyLink
4 Cable Television Franchise is now before the City Council for consideration.
6 In reviewing the CenturyLink cable franchise, there are two primary issues to consider. The first
7 is whether federal law preempts Minnesota's 5 -Year Build Statute. Minnesota Statutes Section
8 238.084, subdivision 1(m), requires all initial franchises to have a provision that requires a cable
9 operator build out its cable system at a rate of 50 plant miles per year and that its cable system be
10 substantially complete within 5 years. CenturyLink claims that this 5 -Year Build Statute is an
11 unlawful barrier to entry and is preempted by federal law and an FCC decision referred to as the
12 621 Order.
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14 The second issue is whether the CenturyLink franchise contains a reasonable build -out schedule.
15 The franchise ordinance recognizes that CenturyLink has already constructed a legacy
16 communications system throughout the City, which is capable of providing telephone and
17 internet service. The build -out provisions in the franchise are related to upgrades of the legacy
18 system to make it capable of providing cable service to all area residents. A description of how
19 the CenturyLink Franchise addresses build -out was provided to Council.
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21 Mr. Bradley reviewed a PowerPoint presentation summarizing the Ordinance requested. The
22 franchise fees are the same for Comcast and CenturyLink. CenturyLink is providing 16 access
23 channels and Comcast provides 9 access channels. CenturyLink will provide all channels in HD.
24 CenturyLink will provide electronic programming guide. Channel placement will be slightly
25 different. In St. Anthony, they will be on Channel 15. CenturyLink will include public service
26 announcements and video on- demand. CenturyLink will construct an interconnection network.
27 The network will allow PEG Centers throughout the Twin Cities to share live programming.
28 Complimentary broadband will be provided to one location within each member city.
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30 Mr. Bradley stated the agreement is similar to the Comcast franchise agreement and outlined the
31 differences.
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33 Councilmember Stille asked what happens if the market share traction is not obtained as
34 anticipated. Mr. Bradley stated that would be addressed in the next franchise agreement after the
35 5 -year term.
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37 Councilmember Gray, who is a member of the NSCC, stated the positive thing about this is for
38 the first time there will be real competition for the wire -based services. Right now, there is very
39 little competition for high -speed broadband. Councilmember Gray felt it will be a good deal for
40 the City to get this type of competition and with the fees the same, everything is on equal
41 footing.
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43 Mayor Faust stated there have already been recent changes in the marketplace with Comcast.
44 The competition is already taking effect even if someone doesn't have CenturyLink.
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46 Mr. Tyler Middleton, CenturyLink Vice President of Operations for the State of Minnesota,
47 stated CenturyLink has been preparing for over a year to bring prism television to this
City Council Regular Meeting Minutes
November 10, 2015
Page 4
1 marketplace. It is currently operating well in the City of Minneapolis and they are excited to
2 bring a choice to the residents of St. Anthony.
4 Councilmember Gray asked Mr. Middleton how this would change the marketing agreement
5 with Direct TV. Mr. Middleton stated they will continue their relationship with Direct TV and
6 existing contracts with Direct TV will be honored. Councilmember Gray asked if the internet
7 service would be better than the residents currently have. Mr. Middleton stated they are working
8 on the rollout of GB services in the Twin Cities area.
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Councilmember Gray asked about the timeline if the Ordinance were to be passed. Mr.
Middleton stated after it is formally approved, it would be ready to be turned on shortly after. It
will not be available to every household. They are leveraging their existing network in
combination with the build of the GB network. Some network modifications need to be made to
carry the video signal
Mayor Faust closed the public hearing at 7:43 p.m.
Motion by Councilmember Stille, seconded by Councilmember Brever, to approve First Reading
of Ordinance 2015 -06 Approving CenturvLink Franchise Agreement.
Councilmember Stille stated there are some legal risks identified in the agreement but
CenturyLink is indemnifying the City. There is a performance bond that protects the City that a
certain amount of infrastructure will take place along with a letter of credit to pay for fines if the
agreement is not followed. It was noted there are several protections layered into the agreement.
Motion carried unanimously (510)
B. Ordinance 2015 -07 an Ordinance Setting Sewer, Water and Storm Water Charges for 2016
Shelly Rueckert, Finance Director presenting (1st of 3 readings)
Mayor Faust opened the public hearing at 7:46 p.m.
Ms. Shelly Rueckert reviewed the utility rates recommended for 2016 reflect the multi -year
approach towards rate adjustments that began in 2012. The concept will allow for reasonable
rate adjustments that provide a sustainable fund balance, encourage conservation, and retire
debt. The approach and rates will be evaluated annually. Ordinance 2015 -07 contains the rate
adjustments recommended below:
Per 1000 Gallons
2016 Rates
2015 Rates
S Increase
Water Tier I
3.10
2.98
0.12
Water Tier II
3.27
3.14
0.13
Water Tier III
3.59
3.45
0.14
Water Tier IV
4.12
3.96
0.16
Water Tier V
5.17
4.97
0.20
Irrigation
4.12
1 3.96
10.16
Sewer
14.38 14.19
10.19
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November 10, 2015
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Ms. Rueckert showed the impact of the recommended rates on a residential customer at each
tier level. Ms. Rueckert reviewed the water, sewer and stormwater rate increases, noting the
multi -year approach has been a steady increase in rates.
Mayor Faust noted the City is below operating costs and as improvements are needed, they can
be paid with these incremental increases.
Mayor Faust closed the public hearing at 7:52 p.m.
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve First
Reading of Ordinance 2015 -07 Setting Sewer, Water and Storm Water Charges for 2016.
Motion carried unanimously (510)
REPORTS FROM COMMISSION AND STAFF - NONE
GENERAL BUSINESS OF COUNCIL
A. Resolution 15 -066 — a Resolution Providing for the Sale of $4.445,000 General
Obligation TIF Refunding Bonds, Series 2015B.
Ms. Shelly Rueckert presented the Pre -Sale Report for the City of St. Anthony, $4,445,000
General Obligation TIF Refunding Bonds, Series 2015B. The proposed issue includes
refinancing of the HRA's Tax Increment Revenue Bonds (Silver Lake Village Project), Series
2006 (Commercial TIF Revenue Bonds). Debt service is paid from TIF revenues generated from
the commercial development and will continue to be paid from the same source.
Interest rates on the obligations proposed to be refunded are .5% to 2.7 %. The refunding is
expected to reduce interest expense by approximately $1.1 million over the next 16 years. The
Net Present Value Benefit of the refunding is estimated to be approximately $947,264 equal to
22.992% of the refunded principal. This refunding is considered an Advance Refunding, as the
new bonds will be issued more than 90 days prior to the call date of the obligations being
refunded. The bonds are being issued for a 16 -year term. Principal on the bonds will be due on
February 1 and August 1 starting 2016 through 2031. Interest is payable every six months
beginning February 1, 2016. The bonds maturing on and after February 1, 2025, will be subject
to prepayment at the discretion of the City on February 1, 2024, or any date thereafter.
Ms. Rueckert stated the City's most recent bond issues were rated "AA" by Standard & Poor's.
The City will request a new rating for the bonds. Ms. Rueckert provided the basis for the
recommendation stating based on the knowledge of the City's situation, the objectives
communicated, the advisory relationship, and the characteristics of various municipal financing
options, the issuance of tax - exempt general obligation bonds as a suitable financing option is
recommended for the following reasons:
- The issuance is a viable option available to finance these types of projects under State law
and Federal regulations.
- This option is the most overall cost effective debt option from the perspective of
marketability and interest rates.
- The issuance of advanced funding bonds meets the City's desired savings expectations.
City Council Regular Meeting Minutes
November 10, 2015
Page 6
Mayor Faust stated the bottom line is we are refinancing at a lower rate.
4 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 15-
5 066 Providing for the Sale of $4,445,000 General Obligation TIF Refunding Bonds Series
6 2015B.
8 Motion carried unanimously
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10 B. Resolution 15 -067 a Resolution Approving Cooperative Agreement with the City of
11 Minneapolis for the St. Anthony Treatment and Storm water Research Facility.
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13 City Engineer Todd Hubmer reviewed Council is requested to consideration a cooperative
14 agreement between the City of St. Anthony Village and the City of Minneapolis for the
15 ownership and operation of the St. Anthony Research Facility located in the City of Minneapolis
16 in the vicinity of Lowry Avenue and County Road 88. The cooperative agreement includes the
17 following language:
18 1. The City of St. Anthony will take ownership of the storm sewer system for approximately
19 300 feet south of the City limits.
20 2. The City of St. Anthony Village would maintain ownership of the research facility and would
21 be the MS4 Permit Operator of the system under the NPDES rules for the Minnesota
22 Pollution Control Agency. This allows Mississippi Watershed Management Organization
23 (MWMO) from becoming a regulated NPDES MS4 Permit holder.
24 3. This agreement also outlines the requirements for changes and/or alterations or
25 decommissioning of the system in the future.
26 4. The City of St. Anthony and the MWMO will have a separate agreement for the operation
27 and maintenance of the facility. This agreement will be presented at a future Council
28 Meeting.
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30 He explained the hope is construction will begin by the end of December to the first part of
31 January 2016. This segment will be added onto the City's current permit. MWMO is paying the
32 entire cost for the facility.
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34 Councilmember Stille noted the only cost to St. Anthony is the permit cost and maintenance.
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36 Mayor Faust stated this is still taking care of 600 acres in St. Anthony and is being paid for by
37 the MWMO. He noted there is a description on the website of what resident's may actually see.
38 Mr. Hubmer stated the system will be entirely underground but there will be some boxes above
39 ground that contain some equipment.
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41 Motion by Councilmember Gray, seconded by Councilmember Breyer, to approve Resolution
42 15 -067 Cooperative Agreement with the City of Minneapolis for the St. Anthony Treatment and
43 Storm water Research Facility.
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45 Motion carried unanimously
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47 C. Resolution 15 -068 a Resolution of the Canvass of the 2015 General Municipal Election.
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November 10, 2015
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City Manager Casey provided a summary of the 2015 General Municipal Election held on
Tuesday, November 3, 2015. The total number of persons voting were 338. Mr. Casey reported
Jerry Faust received the greatest number of votes for the office of Mayor. Bonnie Brever and Hal
Gray received the greatest number of votes for the office of Councilmember. The abstract was
produced by Ramsey County as they handled the election for the City.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution
15 -068 accepting the Canvass of the 2015 General Municipal Election.
Motion carried unanimously.
Mayor Faust thanked the election judges and the residents who participated in the election.
REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Casey reported Friday is the deadline for residents to express interest in being on
the Planning Commission or the Park Commission. The application is available online.
City Manager Casey report on November 19, 2015, the Sustainability Fair will be held at
Silverwood Park from 5:30 — 8:00 p.m. It is free and open to the public.
Councilmember Jenson stated on October 26, he attended the meeting with the Fire Station
Retirement Relief Fund. On October 28, he attended a graduation and reception for seven
volunteer firefighters who became fire fighters (5 men and 2 women). On October 30, he
attended the Kiwanis Volunteer event at the Community Center for the Halloween Fun Event.
On November 2, he attended the City Council Work Session. On November 4, he attended the
St. Anthony History Committee Meeting and St. Anthony Advisory Committee Meeting. On
November 5, he participated in the joint School Board Meeting.
Councilmember Stille stated on November 2, he attended the Council Work Session.
Councilmember Gray stated on November 2, he attended the Council Work Session and last
Thursday he attended the Finance Work Session for the North Suburban Communications
Access Commission where budget was developed for the next calendar year.
Councilmember Brever stated she attended the November 2 Council Work Session.
Mayor Faust stated he attended the November 2 Council Work Session. Earlier in the day on
November 2, the City Manager and he attended a meeting with the Hennepin County Assessor to
discuss the assessment. There is a median price of $245,000 and it appears houses are selling fast
and have an average of 53 days on the market. Residential values are going up and
Commercial /Industrial is not going up so there may be some changes. The Assessor's Office is
appreciative of how respectful the residents are when they are out doing their 5 -year reviews. On
November 10, Mayor Faust attended the MWMO meeting and the budget was approved for $5.7
million for 2016. Kristin Seaman, St. Anthony's GreenCorp Intern attended this meeting with
him.
48 VIII. COMMUNITY FORUM.
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City Council Regular Meeting Minutes
November 10, 2015
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Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS.
Mayor Faust encouraged everyone to come to the Sustainability Fair on November 19.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:10 p.m.
Respectfully submitted,
Debbie Wolfe
Timesaver Off Site Secretarial, Inc.
18 ATTEST:
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Ci y f lerk
'Mayor