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HomeMy WebLinkAboutCC PACKET 02082011H.R.A. meeting immediately following Council meeting CITY OF ST. ANTIMONY VILLAGE CITY COUNCIL MEETING AGENDA February 8, 2011 7.00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items: I. Approval of the February 8, 2011, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. A. Swearing In of Police Officer Lucas Power. III. Consent Agenda.. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Cazrncilmember or citizen so requests, in which event the item will be removedfrom om the Consent agenda and placed elren�here on the agenda. A. Approval of January 25, 2011, Council Meeting Minutes. (pp. 1 — 6) B. Licenses and Permits. (p. 7) C. Claims. (pp. 8 — 9) IV. Public Hearing. V. Reports from Commission and Staff. VI. General Business of Council. A. Resolution 11-019; Concerning the Commencement of Formal Renewal Proceedings under the Federal Cable Communications Police Act of 1984, as Amended. Councilmember Roth, presenting. (pp. 10 —17) B. Resolution 11-020; Authorizing the City of St. Anthony to Participate in the Minnesota GreenStep Cities Program. Jay Hartman, Public Works Director, presenting. (pp. 18 -22) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are regzrested to conte to the podium, sign their name and address on the form at the podium, state their name and address for the Clerks record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typicaly refer the matter to stafffor for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. FACouncil Meetings\201 1\0208201 1\agenda.doc St. Anthony Police Department I, LUCAS POWER, DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF SAINT ANTHONY. ON MY HONOR, I WILL NEVER BETRAY MY BADGE, MY INTEGRITY, MY CHARACTER OR THE PUBLIC TRUST. I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND IMPARTIALLY DISCHARGE MY DUTIES AS A LAW ENFORCEMENT OFFICER IN PROVIDING ASSISTANCE AND SERVICE TO ALL THAT LOOK TO ME FOR HELP TO THE BEST OF MY ABILITY. FEBRUARY 8, 2011 POLICE OFFICER POWER MAYOR CHIEF OF POLICE 1 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JANUARY 25, 2011 4 5 CALL TO ORDER. 6 7 Mayor Faust called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille. 16 Absent: None. 17 Also Present: City Manager Mike Mornson, Mike Larson, Liquor Operations Manager, Assistant 18 Liquor Operations Manager Kevin Morelli, and Liquor Stores Manager Bill Haugen. 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALI, OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF JANUARY 25, 2011 CITY COUNCII. MEETING AGENDA. 24 25 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the City 26 Council Meeting Agenda of January 25, 2011. 27 28 Motion carried unanimously. 29 30 II. PROCLAMATIONS AND RECOGNITIONS. 31 32 None. 33 34 III. CONSENT AGENDA. 35 36 A. Consider January 11, 2011 Council meeting- minutes; 37 B. Consider licenses and permits; 38 C. Consider payment of claims; and 39 D. Resolution 11-017; Acceging a Donation from a St. Anthony Resident to the St. 40 Anthony Police Department's DARE Program. 41 42 Motion was made by Councilmember Jenson, seconded by Councilmember Gray, to approve the 43 Consent Agenda items. 44 45 Motion carried unanimously. 46 47 IV. PUBLIC HEARING. 48 49 None. City Council Regular Meeting Minutes January 25, 2011 Page 2 V. REPORTS FROM COMMISSION AND STAFF. 4 None. 6 VI. GENERAL. BUSINESS OF COUNCIL. 7 8 A. Resolution 11-018; Approving the Contract with Greater Metropolitan Housing 9 Corporation. Suzanne Snyder, Greater Metropolitan Housing Corporation presenting. 10 11 Ms. Suzanne Snyder and Ms. Denise Eloundou of Greater Metropolitan Housing Corporation 12 (GMHC) provided the Council with an update on the contract between GMHC and the City of 13 St. Anthony. The contract relationship was started in 2002. The cost for the annual contract is 14 $12,500, which is the same fee as 2009 and 2010. 15 16 Ms. Snyder and Ms. Eloundou provided an overview and answered questions of the City Council 17 on the following services provided by the GMHC Housing Resource Center Program: 1) Rehab 18 Advisory Services; 2) Home Improvement Loan Programs; 3) Refinance / Referrals. Ms. Snyder 19 provided an overview of the proposed contract for 2011 between GMHC and the City of St. 20 Anthony. 21 22 It was noted for the public that those in need of mortgage foreclosure prevention and the energy 23 assistance program should contact GMHC for assistance at the Housing Resource Center — 612- 24 378-7985. 25 26 Ms. Snyder indicated that GMHC will be working with Community Education to put together a 27 presentation forum seminar for the community. A potential seminar would be for seniors 28 regarding available home maintenance resources. GMHC may also have a table at the farmers 29 market to meet residents and inform them about available programs. 30 31 Councilmember Stille requested that moving forward, the Housing Resource Center Status 32 Report itemize Services by Year rather than Services by Month. 33 34 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 11- 35 018; Approving the Contract with Greater Metropolitan Housing Corporation. 36 37 Mayor Faust commended the staff of the GMHC Housing Resource Center for their work and 38 stated his support of the organization working with Community Services. 39 40 Motion carried unanimously. 41 42 B. Liquor Operations Annual Report. Mike Larson, Liquor Operations Manager, presenting 43 44 Liquor Operations Manager Larson presented the Liquor Operations 2010 Annual Report. The 45 report and follow up discussion with Council focused on the following information: 46 Background; Mission Statement; The Value of a Municipal Liquor Operation; 2010 Summary of City Council Regular Meeting Minutes January 25, 2011 Page 3 1 Sales; Breakdown of Sales / Sales by Category; Five Year Profit History; 10 Year Profit History; 2 Auditor's Report / State Averages; Awards; Guest Appearances & Events; Customer Survey 3 Results. 4 5 It was noted that overall inventory is between eight and nine turns per year. An eight time turn 6 ratio per year should lead the industry in the northeast suburb area. It was also noted that the 7 current liquor stores are new facilities owned by the City that were part of a redevelopment plan. 8 The new, updated facilities have attracted more customers and resulted in an improvement from 9 the stagnant sales prior to the move. 10 11 Mayor Faust commented that the redevelopment also resulted in property going back on the tax 12 roll. He commended the liquor operations staff for the excellent results in compliance checks 13 and on the well run operation that has attracted private owners to request tours for ideas and tips 14 in their operations. 15 16 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 17 18 City Manager Mornson reported on the following: 19 • January 12, 2011 telecommunications meeting at the new offices for the North Suburban 20 Cable Commission. A resolution regarding the franchise renewal with Comcast will be 21 included on the February 8, 2011 City Council meeting agenda. 22 • The independent auditing firm will begin the audit process the first week of February. 23 • A joint powers agreement for the SWAT Organization will be included on the February 24 8, 2011 City Council meeting agenda. 25 • There are currently two vacancies on the Police Department. Potential timeline for 26 swearing in is February or March. 27 • The 2011 Goals presentation is scheduled for the February 22, 2011 City Council 28 meeting. 29 • ISD #282 School Board Member Leah Slye will be presenting information on a 30 foundation that will provide funds for school programs. 31 32 Councilmember Stille reported on his attendance at the January 13`x' and 101 City Council Goal 33 Setting Session. 34 35 Councilmember Gray: No report. 36 37 Councilmember Jenson reported on: 1) his attendance at the January 13`x' and 10' City Council 38 Goal Setting Session; 2) upcoming events to place orders for the Historical Society book on the 39 history of St. Anthony. 40 41 Councilmember Roth reported on his attendance at the January 13`x' and 14"' City Council Goal 42 Setting Session. 43 44 Mayor Faust reported on the following: 3 City Council Regular Meeting Minutes January 25, 2011 Page 4 1 • January 13th and 14`h City Council Goal Setting Session. He thanked the City Council 2 members for taking time off from work to attend the session. A presentation on the goals 3 will be provided for the public in February. 4 . January 18, 2011 Chamber of Commerce meeting. Hennepin County Chief Judge James 5 Swenson spoke regarding District Court. The City Manager will be scheduling a time for 6 members of Judge Swenson's office to provide a report to the City Council regarding the 7 types of issues to expect when there are cuts made to the core services of the Judge. 8 • ISD #282 School Board Member Leah Slye will be presenting information on a 9 foundation that will provide funds for school activities such as speech team, music, arts, 10 etc. 11 • January 24, 2011 Senior Services Advisory "Coffee with the Mayor". Another event will 12 be scheduled to reach out to individuals who did not get a chance to speak. 13 14 VIII. COMMUNITY FORUM. 15 16 Mayor Faust invited residents to come forward at this time and address the Council on items that 17 are not on the regular agenda. 18 19 Mr. Steven Fuller, 270129"' Avenue NE, addressed the City Council and requested clarification 20 on the location of right-of-way after the reconstruction of 29°i Avenue was completed. He stated 21 his concern that the City is now plowing the sidewalks and dumping the snow with the street salt, 22 etc. in the yards along 291h Avenue. Mr. Fuller stated he has been working to fix the retaining 23 wall that is on the edge of his property since 2002. He questioned whether the City Council 24 intends to amend the City Code that currently states residents are responsible for snow on the 25 sidewalks. 26 27 Mayor Faust informed Mr. Fuller that it has been the policy of Public Works to repair damages 28 to fences that were caused by the City. He is not aware of any interest by the City Council in 29 changing the policy regarding snow removal on the sidewalks. 30 31 City Manager Morrison explained that the City Attorney recommended that the ordinance as it 32 relates to snow removal remain as drafted. He reviewed the ice control policy, noting that it has 33 been reviewed by the City Attorney and the League of Minnesota Cities Insurance Trust Fund. 34 He stated there have been many compliments from the public regarding snow removal from the 35 sidewalks and direction from the City Council has been to have a walkable city. 36 37 Mr. Fuller explained that his reason for addressing this issue is to note the need to be very careful 38 on where the snow is placed. He stressed his concern regarding the damage the salt from the 39 dumped snow will cause to his sod. He reiterated his request to be provided clarification on the 40 location of the right-of-way. 41 42 Mayor Faust informed Mr. Fuller that the City Attorney will review where the City is allowed to 43 put the plowed snow. 44 45 Ms. Julie Kolmer, 2705 29th Avenue NE, addressed the City Council and stated she is present to 46 voice her grave concern about the snow being dumped on her property. Ms. Culver submitted 51 City Council Regular Meeting Minutes January 25, 2011 Page 5 photographs of her property and stated she is uncomfortable with the City removing snow from the street and boulevard into her yard and is very concerned about the weight of the snow being dumped on the retaining wall. She informed the Council of the effort and money put into her yard with backfilling and landscaping after the reconstruction of 29`h Avenue. She stated the snow is being dumped at least 15 feet into her yard and that there is also a safety concern as she is unable to see if there are pedestrians when she is driving out of her driveway. 8 Mayor Faust informed Ms. Kohner that someone from the City will be in touch with her in 9 regard to her questions and concerns. 10 11 Councilmember Roth requested the City Manager to report back to the City Council with 12 information on who owns the retaining walls that have been put in with street reconstruction 13 projects throughout the City. 14 15 Mr. Brian Buck, 3609 33`d Avenue, addressed the City Council and stated he is present to 16 broaden awareness on the rezoning on Old Highway 88 and 33`d Avenue in Roseville, kiddy - 17 corner from his house. There are currently two parcels with single family homes in this location, 18 the property is guided for high density, and Roseville has gone through the process to align the 19 zoning map with the comprehensive plan. He stated his concern is that the community's ability 20 to provide input has not been present during this process. Mr. Buck stated high density does not 21 fit the character of this neighborhood, and that there are many valid reasons why the City of 22 Roseville could have considered a compromise at medium density, which is what was 23 recommended by the Planning Commission. There has now been turnover of two of the city 24 council members in Roseville and there is precedent in the comprehensive plan for moving away 25 from high density in this neighborhood. There has been a lot of opposition from the community 26 and a lot of involvement at public meetings. Mr. Buck stated his propose of broadening 27 awareness of the rezoning, determining if the City Council shares his concern, and exploring 28 whether more support could be built to move towards medium density with the rezoning. 29 30 Mayor Faust informed Mr. Buck that typically the residents that vote have more influence than 31 other elected officials and that more could be accomplished if the elected officials are more 32 subtle in their approach than backing the other city into a corner by attending their meetings. 33 34 Councilmember Stille suggested discussing the topic at the next City Council work session in 35 order to keep abreast of the situation. He informed Mr. Buck that the City of Roseville has 36 indicated that City Manager Mornson will be kept informed of further actions. 37 38 Mr. Buck reiterated his concerns regarding the rezoning and the lack of resident involvement in 39 the process. 40 41 Mr. Fuller addressed the City Council and stated his position that the plowing equipment will 42 remain in better condition and will do a better job of scraping the snow if the drivers slow down. 43 He suggested that the City consider replacing a couple of the squad cars included in the budget 44 with four door pickup trucks. 45 46 IX. INFORMATION AND ANNOUNCEMENTS. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 City Council Regular Meeting Minutes January 25, 2011 Page 6 Mayor Faust announced the Middle Mississippi Watershed Management Organization publication, The Drift, is available. He announced that he has been asked to speak at the 10`x' Annual Road and Salt Symposium in February. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:43 p.m. Respectfully submitted, Carol Hamer TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor 0 Saint Anthony Village DATE: February 8, 2011 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Quality Services, St Louis Park, MN in's Heating & Cooling, Hugo, MN Tim Manning 3404 Roosevelt St US BANK ST. ANTHONY VILLAGE g CHECK REGISTER VENDOR # PAYEE CHECK# DATE AMOUNT 8634 DRIVER & VEHICLE SERVICE 14171 1/27/2011 $1,167.15 8789 POST BOARD 14172 1/27/2011 $90.00 9256 ALLIED MEDICAL PRODUCTS 14177 2/9/2011 $49.41 7201 APACHE GROUP 14178 2/9/2011 $202.29 8237 ASPEN MILLS 14179 2/9/2011 $14.64 9348 ASSN OF MN EMERGENCY MGMT 14180 2/9/2011 $100.00 320 BEISSWENGER'S 14181 2/9/2011 $31.17 4293 BELLBOY CORP. 14182 2/9/2011 $14,988.42 9778 BERNICK'S 14183 2/9/2011 $531.32 4662 BOURGET IMPORTS 14184 2/9/2011 $97.50 7168 BOYER TRUCKS, INC. 14185 2/9/2011 $251.10 4231 CAPITOL BEVERAGE SALES 14186 2/9/2011 $11,739.30 610 CATCO 14187 2/9/2011 $115.55 4080 CHISAGO LAKES DISTRIBUTING 14188 2/9/2011 $1,902.22 4095 COCA COLA BOTTLING COMPANY 14189 2/9/2011 $709.50 9820 CRYSTAL SPRINGS ICE 14190 2/9/2011 $241.97 8557 DAILEY DATA & ASSOCIATES 14191 2/9/2011 $281.25 7371 DISCOUNT STEEL, INC. 14192 2/9/2011 $16.00 9274 ELK RIVER FORD 14193 2/9/2011 $17,437.73 8697 EXTREME BEVERAGE 14194 2/9/2011 $335.00 8340 FAIRVIEW OCCUPATIONAL HEALTH 14195 2/9/2011 $257.00 8359 FLAHERTY'S HAPPY TYME CO 14196 2/9/2011 $298.20 9667 FLAT EARTH BREWING CO 14197 2/9/2011 $215.94 1030 G & K SERVICES INC 14198 2/9/2011 $462.54 1200 GOPHER BEARING 14199 2/9/2011 $88.53 4172 GRAPE BEGINNINGS, INC. 14200 2/9/2011 $122.25 9248 GTS 14201 2/9/2011 $245.00 7188 H & L MESABI INC 14202 2/9/2011 $195.92 7188 H & L MESABI INC 14203 2/9/2011 $1,313.94 1505 HENNEPIN COUNTY SHERIFF 14204 2/9/2011 $418.83 4207 HOHENSTEIN'S, INC 14205 2/9/2011 $7,596.35 8252 HOME DEPOT CREDIT SERVICE 14206 2/9/2011 $164.46 8619 IACIP - MEMBERSHIP 14207 2/9/2011 $120.00 9857 JERSEY MIKE'S SUBS 14208 2/9/2011 $110.07 4125 JJ TAYLOR DISTRIBUTING 14209 2/9/2011 $24,933.57 4220 JOHNSON BROTHERS LIQUOR 14210 2/9/2011 $51,793.14 4220 JOHNSON BROTHERS LIQUOR 14211 2/9/2011 $3,178.30 9851 LAW ENFORCEMENT TECHNOLOGY 14212 2/9/2011 $6,893.50 9858 LEMA 14213 2/9/2011 $75.00 9729 LIFT BRIDGE BEER CO. 14214 2/9/2011 $440.00 8229 LOFFLER BUSINESS SYSTEMS 14215 2/9/2011 $446.34 2130 MAMA 14216 2/9/2011 $68.00 9149 MASTER TECHNOLOGY GROUP 14217 2/9/2011 $8,000.00 9559 METRO CITIES 14218 2/9/2011 $3,336.00 2240 METROPOLITAN COUNCIL 14219 2/9/2011 $43,541.89 8405 MINNESOTA CHAPTER IAAI 14220 2/9/2011 $25.00 7054 MINNESOTA CHIEFS OF POLICE 14221 2/9/2011 $29.93 8803 MINNESOTA FIRE SERVICES 14222 2/9/2011 $225.00 9827 MINNESOTA SHERIFFS ASSOC 14223 2/9/2011 $35.00 5190 MN DEPT NATURAL RESOURCE 14224 2/9/2011 $2,721.85 US BANK ST, ANTHONY VILLAGE 9 CHECK REGISTER VENDOR # PAYEE CHECK# DATE AMOUNT 9353 MN SPRING & SUSPENSION LLC 14225 2/9/2011 $474.53 2395 MTI DISTRIBUTING, INC 14226 2/9/2011 $436.05 5232 MURPHY'S SERVICE CENTER 14227 2/9/2011 $13.11 7159 NAPA AUTO PARTS 14228 2/9/2011 $41.61 7312 NORTH AMERICAN SALT COMPANY 14229 2/9/2011 $7,045.32 9151 NORTHLAND INN 14230 2/9/2011 $3,872.03 9523 NORTHSTAR INSPECTION SERVICES 14231 2/9/2011 $3,256.85 45 OFFICE DEPOT 14232 2/9/2011 $1,089.85 8528 PACE ANALYTICAL SERVICES 14233 2/9/2011 $285.00 9615 PAETEC 14234 2/9/2011 $236.81 4354 PAUSTIS & SONS 14235 2/9/2011 $1,679.05 4360 PHILLIPS WINE & SPIRITS 14236 2/9/2011 $11,960.06 4360 PHILLIPS WINE & SPIRITS 14237 2/9/2011 $310.37 9139 PROPERTY KEY, INC. 14238 2/9/2011 $50.00 4385 QUALITY WINE CO 14239 2/9/2011 $24,156.28 4385 QUALITY WINE CO 14240 2/9/2011 $1,120.44 9550 RAMSEY COUNTY 14241 2/9/2011 $429.12 9405 SETS DESIGN, INC. 14242 2/9/2011 $303.00 9843 SOUTHERN WINE & SPIRITS 14243 2/9/2011 $627.00 8913 SPECIAL OPERATIONS TRAINING 14244 2/9/2011 $780.00 9259 SPRINT 14245 2/9/2011 $260.00 4782 ST ANTHONY VILLAGE CENTER LLC 14246 2/9/2011 $2,470.22 9083 ST. ANTHONY RETAIL DEVELOPMENT 14247 2/9/2011 $1,708.45 7184 STATE OF MINNESOTA 14248 2/9/2011 $251.16 3490 STREICHER'S 14249 2/9/2011 $743.60 4780 SURLY BREWING CO 14250 2/9/2011 $2,146.00 3260 T A SCHIFSKY & SONS 14251 2/9/2011 $668.59 9774 TERMINAL SUPPLY CO. 14252 2/9/2011 $31.34 7365 TOLL GAS & WELDING SUPPLY 14253 2/9/2011 $38.35 3560 TRACY PRINTING 14254 2/9/2011 $551.05 7196 TRANSPORTATION SUPPLIES 14255 2/9/2011 $407.75 8010 UNIFORMS UNLIMITED 14256 2/9/2011 $86.46 8227 VERIZON WIRELESS 14257 2/9/2011 $1,002.02 4451 VINOCOPIA 14258 2/9/2011 $739.25 9702 W.D. LARSON COMPANIES LT 14259 2/9/2011 $48.50 4494 WASTE MANAGEMENT - BLAINE 14260 2/9/2011 $636.22 8316 WINE COMPANY/THE 14261 2/9/2011 $1,225.85 8310 WINE MERCHANTS INC 14262 2/9/2011 $16,082.51 4175 WIRTZ BEVERAGE - (GRIGGS) 14263 2/9/2011 $14,633.38 4175 WIRTZ BEVERAGE - (GRIGGS) 14264 2/9/2011 $4,798.99 9734 WIRTZ BEVERAGE MINNESOTA 14265 2/9/2011 $12,803.21 8273 WSB & ASSOCIATES, INC. 14266 2/9/2011 $16,401.50 2680 XCEL ENERGY 14267 2/9/2011 $14,843.54 7325 YOCUM OIL COMPANY, INC. 14268 2/9/2011 $23,049.24 9711 Z WINES USA LLC 14269 2/9/2011 $249.00 TOTAL $381,695.73 North Suburban Communications Commission January 14, 2011 Mayor Jerry Faust 4033 Silver Lake Terrace St. Anthony, MN 55421 Mike Mornson, City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55421 Dear Mayor Faust and Mr. Mornson: North Suburbs Last October, your city received a letter from Kathi Donnelly -Cohen, Director of Government Affairs for Comcast's Twin Cities cable systems, notifying you of the cable company's intention to renew the current cable television franchise. Your city's franchise expires on October 1, 2013, but federal law requires this notification to be sent to the local franchising authority 30 to 36 months prior to expiration of the franchise. To begin the franchise renewal process, which is technically a form of administrative litigation, the North Suburban Communications Commission (NSCC) requests that your city adopt the attached resolution delegating to the NSCC the responsibility for conducting the renewal proceedings. Although the NSCC Joint Powers Agreement already empowers the Commission to act on each city's behalf in the franchise renewal process, the commission believes that adopting the resolution will forestall any arguments by the cable company to the contrary. Because, in order to start the franchise renewal process, the Commission and its staff must soon begin the required evaluation of Comcast's compliance with the current franchise and the required needs assessment, the commission asks that your city council act expeditiously to pass the resolution. The commission would like to have all of the cities adopt the resolution by the end of February if possible. Because the commission understands that you and your city council members will probably have questions about the franchise renewal process, our staff has prepared the attached Fact Sheet that addresses some of the questions that are more frequently asked. In addition, our Executive Director, Coralie Wilson, is available to attend a city council meeting or work session to review the process and respond to your council members' questions and/or Arden Hills Falcon Heights Lauderdale Little Camila Mounds View New Brighton North Oaks Roseville St. Anthony Shoreview 11 Mayor Faust/Mike Morrison January 14, 2011 Page 2. concerns. If possible, a member of the commission can attend along with Ms. Wilson. To make arrangements, or if you have any questions, feel free to call Ms. Wilson at 651-792-7500 or e- mail her at cwilson@ctvl5.or. Thank you for your prompt attention to the Commission's request. Sincerely, Dan Roe, Chair North Suburban Communications Commission Mayor, City of Roseville, MN cc: Jim Roth 12 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 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 13 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 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 14 CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-019 A RESOLUTION CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED WHEREAS, City of St. Anthony Village, ("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, a< amended, for the purposes of monitoring Comeast'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.0 § 546; and WHEREAS, the City is desirous of commencing the formal renewal proceedings specified in Section 626(x)(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 15 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 OFST. ANTHONY VILLAGE, 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"). 2 16 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 ander 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 appraised of the status and progress of the formal and informal renewal processes, as appropriate. 0 Section 10. This Resolution shall become effective immediately upon adoption. ADOPTED on this 8"' day of February, 2011. St. Anthony, Minnesota Mayor City Clerk Review for Administration: City Manager 19 17 STAFF REPORT DATE: February 8, 2011 TO: Mayor, Councilmember and City Manager FROM: Jay Hartman RE: Approve Participation in GreenStep Cities Program Background: GreenStep Cities is a new assistance program for all Minnesota cities that supports and recognizes implementation of 28 sustainable development best practices. This program grew out of a report to the 2009 Legislature, and has been developed by the MN Pollution Control Agency, MN Office of Energy Security, the League of MN Cities, the Clean Energy Resource Teams, the Great Plains Institute, the Izzak Walton League -MN and the Urban Land Institute -MN. The best practices focus on cost savings and energy use reductions that lead cities beyond compliance and encourage a culture of innovation. A city that has implemented or that implements — depending roughly on city size — 8, 12 or 16 best practices organized into the five categories (see attachments) will be recognized as a GreenStep City. Implementation of additional best practices over time will garner additional recognition. For each best practice cities will complete one or two actions from among 4 to 8 options and will briefly post how they accomplished each action. The GreenStep Cities Program aims to provide Minnesota cities a clear pathway to greater sustainability based upon implementing best practices specific to Minnesota cities of differing sizes and capabilities. Due to the multiple environmental, economic and social dimensions of the best practices, leadership from a city's council is needed to oversee their implementation and coordination/integration with other city and community activities and with other governmental jurisdictions. Process: The Minnesota GreenStep Cities Program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; wo Under the guidance of the Minnesota Pollution Control Agency (MPCA), the Minnesota GreenStep City Program is a challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of 28 best practices. Each best practice can be implemented by completing one or more specific actions from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. • The MPCA estimates that the program takes 2 — 3 years to complete, although given the number of best practices that the City already meets (*), the timeline may be condensed. * I am currently working on an inventory of projects to be considered and applied towards The GreenStep City Program. • Appoint Jay Hartman, Director of Public Works to serve as the city's GreenStep coordinator to facilitate best practices review and implementation. • Will claim credit for having implemented and/or will implement at least 12 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community's greenhouse gas footprint. • Will work with the MPCA to post a summary of the city's implementation of best practices on the Minnesota GreenStep Cities website. • The first GreenStep City Program requirement is to submit an approved resolution from the City Council supporting the city's participation in the GreenStep Program. ACTION REQUESTED: The City Council hereby approves the attached Resolution approving participation in the Minnesota GreenStep Cities Program. 20 1 Efficient Existing Public Buildings 2 Efficient Existing Private Buildings 3 New Green Buildings 4 Efficient Building & Street Lighting and Signals 5 Building, Reuse 6 Comprehensive Planning and Implementation Required Required Requ. 7 Higher Density 8 Efficient and Healthy Development Patterns .v 9 Efficient Highway -Oriented Development wa 10 Conservation Design Land Use BPs Required 1 2 2 11 Complete Green Streets Required Mobility Options Required 1112 13 Efficient City Fleets 15 IMMM F..nvironmentally Preferable Purchasing Reririre '� Required Required 16 Urban Forests Required Required 17 Efficient StorulwatcI. Manager„ent Required 18 Green Infrastructure 19 Surface Water Quality o 20 Efficient Water and Wastewater Facilities 21 Septic Systems W 22 Solid Waste Reduction 23 Local ,fir Quality Environmental BPs Required 1 3 4 Benchmarks & Comnntn'sty Engagement Required Required Required Green Business Development Required Required Renewable Energy 126 LocalFood Business Synergies Floating BPs (additional to required BPs) z 3 21 CITY OF ST ANTHONY VILLAGE RESOLUTION 11-020 A RESOLUTION AUTHORIZING THE CITY OF ST ANTHONY TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, the GreenStep Cities Program aims to provide Minnesota cities a pathway to greater sustainability based upon implementing best practices specific to Minnesota cities; and WHEREAS, the Minnesota GreenStep Cities Program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Facilities; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; and WHEREAS, due to the multiple environmental, economic, and social dimensions of the sustainability best practices, leadership from a city's council is needed to oversee their implementation and coordination/ integration with other city activities; and WHEREAS, the GreenStep Cities Program champions sustainability goals and practices consistent with the City of St Anthony goals and mission statement; and WHEREAS, information on the program was presented by Phil Muessig on December 1, 2010 and discussed with Jay Hartman, Public Works Director and Mike Mornson, City Manager; and NOW, THEREFORE, BE IT RESOLVED THAT the City of St. Anthony does hereby authorize the City of St Anthony to participate in the Minnesota GreenStep Cities Program: BE IT FURTHER RESOLVED, that the City of St Anthony will take the following steps to become recognized as a Minnesota GreenStep City: 1. Appoint Jay Hartman as a Minnesota GreenStep Cities Coordinator to facilitate the City's GreenStep Program development and implementation; and 2. Prepare and maintain an energy use inventory on all public buildings using the Minnesota B3 Public Building Benchmarking database; and 3. Involve community members, civic and education organizations and business in the planning, promoting, and implementing of GreenStep Cities sustainable development best practices; to include Newsletter, Web Page, Civil Groups; and 4. Identify which GreenStep best practices a city has implemented and which best practices will initially be considered for implementation; and 5. Implement a minimum number of required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community's greenhouse gas footprint. Adopted this 8u, day of February, 2011. ATTEST: City Clerk Review for Administration: Mayor City Manager 22 FUTURE COUNCIL AGENDA ITEMS Febr taty 8, 2011 Meeting Meeting Staff Items/Issues Date Type John Ohl Police Department Annual Report February 22 Regular John Malenick Fire Department Annual Report John Ohl Joint Powers Agreement with East Metro SWAT Police Chief Dave Unmacht 2011 Goals Presentation 2011 Facilitator 2011 Street Improvement Project Todd IIubmer Public Hearing - Adopt & Confirm Assessments City Engineer Ordering Improvements Awarding Bid to Contractor Ehlers Calling for Sale of Bonds Planning Commission r Items from February 15 Meeting Representative Roger Larson Finance Department Annual Report March 8 Regular Jay Ilartman Public Works Annual Report 2011 Street Improvement Project Stacie Kvilvang Accept Offer for Bonds Approve Sale of Bonds Ken Bergstrom Hennepin County District Court representative contact Leah Slye ISD 282 School Board Update on School Foundation Member March 22 Regular Asst. City Manager Tobacco Ordinance - First Reading Plalmli Commission g Items from March 15 meeting Representative April 12 Regular City Manager Tobacco Ordinance - Second Reading Doug Koehntop Veteran's Memorial Presentation Park Comm. Chair April 26 Regular City Manager Tobacco Ordinance - Final Reading Ordinance Terminating the Moritorium on the issuance of City Manager licenses for pipe and tobacco shops Regular City Manager Public Hearing on 2012 Budget Finance Director Planning Commission Items from April 19 Representative May 10 Regular May 24 Regular Planning Connniss1on Items from May 17 Representative HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY VILLAGE February 8, 2011 Call to Order. Roll Call. I. Approval of February 8, 2011, H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. 'There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve January 11, 2011, H.R.A. Minutes. (pp. 1 — 2) B. Claitns. (p. 3) III. Public Hearings. IV. General Policy of Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. FACouneil Meetingsl2011\02082011\HRA agenda.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY HRA REGULAR MEETING MINUTES JANUARY 11, 2011 CALL TO ORDER. Chair Faust called the meeting to order at 7:49 p.m. ROLL CALL. Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. Commissioners absent: None. Also Present: Executive Director Michael Momson I. APPROVAL OF JANUARY 11, 2011 HRA MEETING AGENDA. Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve the January 11, 2011 Housing and Redevelopment Authority Agenda as presented. Motion carried unanimously. II. CONSENT AGENDA. Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the Consent Agenda, which consisted of: A. H.R.A. Meeting Minutes of December 14,2010; B. Claims: and C. Housekeeping Resolution: L HRA 11-001 — Designate Chair for HRA. 2. HRA 11-002 — Designate Vice Chair for HRA. 3. HRA 11-003 —Designate Secretary/Treasurer for HRA. 4. HRA 11-004 —Designate Commissioner for HRA. III. PUBLIC HEARINGS. None. 1V. GENERAL POLICY OF BUSINESS OF THE H.R.A. None. V. STAFF REPORTS None. VI. H.R.A. COMMISSIONER COMMENTS None. Motion carried unanimously. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Housing and Redevelopment Authority Meeting Minutes January 11, 2011 Page 2 VII. INFORMATION AND ANNOUNCEMENTS Chair Faust announced that Village Notes was distributed last week. VIII. ADJOURNMENT Chair Faust adjourned the meeting at 7:51 p.m. Respectfully submitted, Carol Hamer TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Chair 7 r� u d N rt 3 000 y o� 000 N woo C \H MWA m NZ DNJ oy w o o Y�yzi H E^ Codwwn zC ,ro b7x O H WlCw w P] � xxro WH H OH Ll 0 L, Hn H M W n fU H p z x m tp H m rt N n it H!'H x JJJ x 000 N N N 000 0 00 jf 0�0 H \\\ h1 m a ocn Ay i UtON J% H NON Fw S 00 o0 Nw (J . Z b OW oW C) H GlC t*J H C n 3