COUNCIL PROCEEDINGS THE CITY OF NEW BRIGHTON

Transcription

1 November 10, 2015 Page 1 of 9 COUNCIL PROCEEDINGS THE CITY OF NEW BRIGHTON Pursuant to notice thereof, a regular meeting of the New Brighton City Council was held Tuesday November 10, 2015 at 6:30 pm in the New Brighton Council Chambers. Present: Mayor Jacobsen, Councilmembers Bauman, Burg, Jacobsen and Strub Absent: Also Present: Dean Lotter-City Manager, Craig Schlichting-Director of Community Assets & Development, Brenda Davitt-Finance Director, Terri Haarstad-City Clerk Call to Order Mayor Jacobsen called the meeting to order at 6:33 pm. Pledge of Allegiance Mayor Jacobsen led the Council in the Pledge of Allegiance along with representatives of the Tri-City American Legion. Councilmember Bauman reported November 10 th was the Marine Corps Birthday. She wished the Marine Corp a Happy 240 th Birthday. Councilmember Burg wished all Veteran s a Happy Veteran s Day. Public Comment Forum Mayor Jacobsen opened the Public Forum for comments from the public. Approval of Agenda Approval of the November 10, 2015 Council Agenda. Motion by Councilmember Jacobsen, seconded by Councilmember Burg to approve the agenda as submitted. Call to order Pledge of Allegiance Public Comment Forum Approval of Agenda Approval of the November 10, 2015 Agenda. 5 Ayes, 0 Nays-Motion Carried Council Minutes Approval of the Council Worksession minutes from October 27, Approval of the Council minutes from October 27, Council Minutes Approval of Council Minutes Motion by Councilmember Jacobsen, seconded by Councilmember Burg to approve the worksession minutes from the October 27, 2015 meeting. 5 Ayes, 0 Nays - Motion Carried Motion by Councilmember Jacobsen, seconded by Councilmember Burg to approve the minutes from the October 27, 2015 meeting.

2 5 Ayes, 0 Nays - Motion Carried Commission Minutes November 10, 2015 Page 2 of 9 Commission Minutes None. Special Order of Business None. Consent Agenda 1. Consider Request for Exemption from Lawful Gambling License New Brighton Sportsmen s Club. 2. Consider Application for Temporary Liquor License St. John the Baptist Catholic Church. 3. Consider Request for Exemption from Lawful Gambling License St. John the Baptist Catholic Church. 4. Consideration to Approve Payments: a. Vouchers # to for a total of $447, b. October 2015 Purchasing Card Statement for a total of $19, Consider Resolution for a Parameters Resolution for the Sale of the 2016A $9,005,000 Advance Crossover Refunding Bonds. 6. Consider Resolution Calling a Public Hearing for the Refinancing of the Benedictine Health System Project. 7. Consideration of Amendment 4 to the Professional Services Agreement for Final Design Services for County Road F/10 th Street NW Project. 8. Consider Professional Services Agreement with Stantec for City Project 15-13, WTP 3 and 4 Backwash Reclamation and Vessel 3A Rehabilitation. Special Order of Business Consent Agenda 1. Exempt. from Lawful Gambling Lic. NB Sportsmen s Club. 2. App. for Temp. Liq. Lic. St. John the Baptist Catholic Church. 3. Exempt. Lawful Gambl. Lic. St. John the Bap Cath. Church. 4. Approve Payments 5. Resolution Sale 2016A $9,005,000 Advance Crossover Refund Bonds. 6. Resolution Calling a Public Hearing for Refinancing of Benedictine Health System Project. 7. Amendment 4 for Final Design Services for County Road F/10 th Street NW Project. 8. Prof. Services Agr. with Stantec for City Project Motion by Councilmember Burg, seconded by Councilmember Jacobsen to approve the Consent Agenda as presented. 5 Ayes, 0 Nays - Motion Carried Public Hearing 1. CenturyLink Cable Television Franchise Ordinance. Public Hearing 1. CenturyLink Cable Television Franchise Ordinance. City Manager Lotter indicated the City of New Brighton is one of nine member cities of the North Suburban Communications Commission (NSCC). CenturyLink cable applied for a franchise for each of the NSCC members earlier this year. From March 5, 2015 to March 13, 2015, the NSCC held open a public hearing to allow for public comments on the application. Following the public hearing the NSCC staff prepared a detailed staff report on the application which was then received by the NSCC. The NSCC directed staff to negotiate a cable television franchise agreement with CenturyLink. On October 7, 2015 the NSCC was presented the

3 November 10, 2015 Page 3 of 9 negotiated agreement and adopted a Findings of Fact and Recommendation regarding the agreement. The NSCC recommends each City approve the franchise agreement and adopt the findings of fact. This report includes the following information for more detail regarding the franchise agreement background and process: NSCC Staff Memorandum regarding the background of the process and agreement. Findings of Fact for New Brighton explaining the authority for issuing franchise and the facts relating to both State and Federal regulations. Indemnity agreement with Qwest broadband and CenturyLink fully indemnifying the City of New Brighton if the franchise agreement is approved. The franchise agreement. City Manager Lotter indicated Cor Wilson, Executive Director for NSCC would be providing a presentation on this agreement and has requested the City Council to hold a public hearing on the item. If the City Council agrees to approve the franchise for CenturyLink it cannot be approved until 7 days after the public hearing. Staff would prepare a report recommending Council approve the agreement for the November 24, 2015 City Council meeting. Cor Wilson, NSCC, discussed the CenturyLink franchise in detail with the Council. She reported CenturyLink approach the NSCC approximately and has taken almost a year to negotiate with the Cable Commission. It was noted CenturyLink would have five years to reasonably build out their franchise. The proposed PEG fees and public access channels were commented on. She further discussed the approval timeline and terms of the CenturyLink franchise. Staff recommended the City Council hold a public hearing and take comments. Councilmember Burg asked if CenturyLink would be offering scholarships. Ms. Wilson reported this provision would be going away and scholarships would not be offered by Comcast or CenturyLink in the future. Councilmember Burg questioned if the customer service standards should be amended to see them raised within the agreement. Ms. Wilson reported the customer service standards met all federal requirements. She explained that CenturyLink understood the customer service requirements for entering this market. Councilmember Jacobsen requested further information on the services that would be offered by CenturyLink. Patrick Hagerty, CenturyLink, described the all-digital PRISM package and services that would be offered to CenturyLink customers. He was excited to be bringing these services to the Twin Cities metro area. He thanked NCSS for working with CenturyLink in negotiating a franchise on behalf of the nine member cities. He explained that over 120 channels would be offered in HD. Mayor Jacobsen inquired if customer service would be handled state-side. Mr. Hagerty reported this was the case. Councilmember Bauman believed that working with CenturyLink was a breath of fresh air. She thought it was important that CenturyLink wanted to be a part of the community. She noted negotiations continue with Comcast and looked forward to the competition that CenturyLink would bring to this market. She requested further information regarding CenturyLink s wireless box options. Mr. Hagerty described the state of the art wireless box options available from CenturyLink noting these offered a huge convenience to its subscribers. Councilmember Burg asked if the Cable Commission would continue to meet quarterly. Ms. Wilson reported this was the case, but noted two separate meetings would be held each quarter, one for Comcast and the other for CenturyLink. Councilmember Jacobsen requested further information on the approval timeline for the CenturyLink franchise. Ms. Wilson explained the Cable Commission had received 2/3 of the necessary approvals. She anticipated that the remaining member cities would approve the franchise by December.

4 Motion by Councilmember Burg, seconded by Councilmember Jacobsen to open the Public Hearing. 5 Ayes, 0 Nays - Motion Carried The Public Hearing was opened at 7:10 p.m. Mayor Jacobsen asked for additional comments, there were none. Motion by Councilmember Bauman, seconded by Councilmember Burg to close the Public Hearing. 5 Ayes, 0 Nays - Motion Carried November 10, 2015 Page 4 of 9 The Public Hearing was closed at 7:11 p.m. Council Business 1. Consider Update to Xcel Gas and Electric Franchise Ordinances. Council Business 1. Consider Update to Xcel Gas and Electric Franchise Ordinances. City Manager Lotter indicated Director of Community Assets and Development Schlichting and Finance Director Davitt would be presenting this item to the Council. Director of Community Assets and Development Schlichting reported on November 26, 2002 the City Council adopted Ordinances 699, 700, 701, and 702 enacting gas and electric franchise fees. The purpose of a franchise fee is to grant Xcel Energy permission to construct, operate, repair and maintain a gas and electric distribution utility in the public ways and public grounds of the City of New Brighton. Xcel Energy is the sole provider of natural gas and electricity in the City of New Brighton. Their gas and electric utility systems occupy an estimated 84 acres of City street right-of-way and they benefit from the all-weather access afforded by the City streets that are repaired and maintained by City taxpayers. The provision of the franchise fee is it enables the City to charge Xcel Energy for their use of the street right-of-ways and other City owned property. Finance Director Davitt explained the proposed franchise fees equal 3% of Xcel s gross revenues from the New Brighton service area annually. Xcel, in turn, would pass along the franchise fee to its customers in the New Brighton service area via their utility billing. The benefit of franchise fees to pay for city services versus property taxes is franchise fees are paid by all Xcel Energy customers. Non-profits such as churches, local governments, and school districts do not pay property taxes, yet use and receive services provided by the City. Based on the Adopted Comprehensive Street Plan, the City is currently scheduled to reconstruct roughly 21 miles of streets in the next 10 years. The franchise fee increase will allow a portion of the fees collected to be used to help finance the construction of these streets, which will help lower outstanding debt. The financial impacts of the proposed changes were discussed in detail with the Council. Staff recommended approval of the proposed franchise fee increases. It was noted the increased franchise fees would be implemented in March of Councilmember Bauman asked what the City collected today in franchise fees. Director of Community Assets and Development Schlichting reported the City currently collected $500,000 annually. Councilmember Bauman did not support additional taxation through higher franchise fees. She explained that property taxes were tax deductible while franchise fees were not. She feared higher franchise fees were a dangerous slope for the Council to go down. She anticipated it would be very difficult for the Council to continue to find revenue sources in the future for their high levy increases. She understood that the City could not cut services but believed the City could not continue down this road. She reported she would not be supporting the proposed franchise fee increases.

5 November 10, 2015 Page 5 of 9 Councilmember Burg discussed the City s historical spending and tax levies. She supported not having all expenditures in 2016 being placed in the levy, but rather being spread across all users. She wanted to see City expenditures remain low, but also wanted to see the City s parks and trails properly maintained. Councilmember Bauman discussed the City s Local Government Aid (LGA) contribution. She feared that because the City spends each dollar it receives on an annual basis, it would be difficult to make up the difference without hitting the taxpayers in the end. Councilmember Jacobsen reiterated that the City s spending has been flat since He discussed how expenses have been on the rise since 2007 and commented that the budget had to rise in order to meet increasing expenses without having to cut City services. Mayor Jacobsen indicated franchise fees would allow homeowners to monitor their usage and could encourage some homeowners to become more energy efficient. He explained the Council took the fiscal responsibility of the City very seriously. He understood the importance of not raising taxes on his constituents and indicated the Council would only do so in order to maintain basic City services. Motion by Councilmember Burg, seconded by Councilmember Strub to Adopt Ordinances Increasing the Gas and Electric Franchise Fees to 3% of gross revenue collected in New Brighton based on use (per kwh or Therm). 4 Ayes, 1 Nay (Bauman)-Motion Carried 2. Consider Ordinance Moving Municipal Elections to Even Numbered Years Concurrently with State and Federal Elections. City Manager Lotter indicated City Clerk Haarstad would be presenting this item to Council. City Clerk Haarstad explained at the City Council work session on November 3, 2015, City staff presented the necessary steps to the City Council if it was decided to move municipal elections to even-numbered years concurrent with State and Federal elections. As a Statutory Plan B City, New Brighton may choose whether to hold municipal elections in an odd or even year cycle. New Brighton currently holds municipal elections in odd-numbered years. The steps to move the elections are outlined in M. S would have to be followed. Council directed staff to include a report on the November 10 th agenda outlining the steps needed in order to make the change. Council also asked for information on the financial aspects of the change and how the change would be communicated to residents. Financial information regarding the move is included in the Financial Impact section of this report and the communication plan is outline further in this report. The procedure for changing municipal elections to evennumbered years is outlined here. 2. Consider Ordinance Moving Municipal Elections to Even Numbered Years Concurrently with State and Federal Elections. 1. The City Council would need to direct staff to proceed with drafting an Ordinance to change Article 2 Section 2-16 Date of Regular Election and 2-17 Effect of Change of the New Brighton City Code (attached). 2. The City Council would need to approve the new Ordinance. 3. The City Council would need to approve a resolution authorizing staff to publish the new Ordinance by Title and Summary. 4. The new Ordinance would need to be published in the legal newspaper. 5. The City Clerk would need to notify the Ramsey County Auditor and MN Secretary of State of the passage of the ordinance in writing. 6. The ordinance cannot take effect until 240 days after the ordinance is published. 7. Within the first 180 days of the ordinance s publication, the voting public may stop the ordinance from taking effect by submitting a petition to the City Clerk indicating that they do not agree with the proposed change. This petition must be signed by a number of New Brighton residents equal to at least ten-percent of the total votes cast in the last municipal election. a. Should such a petition be submitted, the new ordinance would not become

6 November 10, 2015 Page 6 of 9 effective until it had been placed on the ballot and been approved by a majority of voters at the next election held at least 60 days after the petition s submission. i. As 3,649 New Brighton residents voted in the last municipal election (2013), a minimum of 365 New Brighton residents would need to sign such a petition in order for it to be effective. b. Should no such petition be submitted, the ordinance would become effective 240 days after its publication. 8. The City Clerk would need to keep the County Auditor and Secretary of State apprised of the status of the proposed election date changes. If the City Council decides to move to even-year elections in time for the 2016 elections, the following timeline would need to be followed. City Clerk Haarstad reviewed the expense of odd year elections versus even numbered year elections. The approval timeline was reviewed. Staff recommended the Council adopt an Ordinance changing the City elections to even-numbered years. Councilmember Strub thanked staff for the thorough report from staff. He discussed the expense of municipal elections held in odd numbered years. It was his hope that by making a change to even-numbered year elections that the public would be more fully engaged in local politics. He supported the Council moving municipal elections to even-numbered years. Councilmember Bauman reviewed the voter turnout numbers in New Brighton from 2010 to She believed that the residents that attend an odd-numbered year election were well informed voters. She feared that local elections would be lost if moved to even-numbered years. For this reason, she was in favor of keeping elections as is. She asked how the City would be charged for this year s election, considering the new ballot boxes were not in place. City Clerk Haarstad reported she had not received the invoices from Ramsey County to date. Councilmember Bauman was in favor of putting this item on the 2016 ballot versus the Council making a decision regarding this matter. Councilmember Strub questioned if the Council had the authority to place this matter on the ballot. City Clerk Haarstad reported Minnesota State Statute would not allow the City Council to place this item directly on the ballot. Mayor Jacobsen supported the Council remaining non-partisan. He discussed the amount of valuable work completed by local governments. He provided comment on the number of residents in New Brighton that were aging in place. He explained that this group was becoming the majority and the voice for the community. He feared that the vocal minority would take over if a change were to be made to the election situation. Councilmember Burg reviewed a letter the Council received from Dr. Ryan Jerome LeCount from Hamline University regarding odd and even year voter turnout. She reported that his findings led him to believe that lower voter turnout led to a greater level in influence from organizations and special interest groups. He found that higher voter turnout led to a more diverse demographic and wider interest of voters. She was in favor of moving municipal elections to even-numbered years, as it would provide a better representation of the community. Mayor Jacobsen commented he too read the letter from Dr. LeCount and he did not believe it was unbiased. Councilmember Burg reported she was unaware the letter was partisan in nature. Councilmember Bauman understood local elections were to remain non-partisan. It was her hope that the entire Council would support a petition that would place this item on the 2016 ballot. Councilmember Jacobsen discussed his 32 years of military service and the value he placed on each resident having the right to vote. He supported moving elections to even-numbered years, as it would provide for a more clear representation of what New Brighton residents truly wanted given the fact there would be a larger percentage of voters. Mayor Jacobsen commented that he would support changing the City elections to even-numbered years. It was his hope that voters would become more involved in local elections, and for local elections to become non-partisan.

7 November 10, 2015 Page 7 of 9 Motion by Councilmember Strub, seconded by Councilmember Burg to adopt an Ordinance changing the City elections to even-numbered years to be held concurrently with State and Federal elections. Councilmember Bauman stated she would support the motion on the table because she had faith that the public would sign a petition requiring this item to be placed on the 2016 ballot, which would leave the final decision on this matter to the voters. Councilmember Strub believed in the change so deeply that he was willing to shorten his term. He recommended a friendly amendment to the motion suggesting all at-large Councilmembers terms be shortened by one year. This would require Councilmembers elected in 2013 to have their term end in 2016 and those elected in 2015 to end their term in AMENDMENT: Motion by Councilmember Strub, seconded by Councilmember Burg to amend the original motion to address Councilmember at-large terms, shortening them by one year, which would require Councilmembers elected in 2013 to have their term end in 2016 and those elected in 2015 to end their term in In addition, the Mayoral seat would be lengthened by one year. Councilmember Bauman questioned if the Mayoral term would be impacted. Councilmember Strub was not suggesting the Mayoral term be shortened by one year. He supported the Council seats being reduced to three year terms in order for each seat to be up for election on an even numbered year. Councilmember Bauman discussed State Statute regarding Council terms and noted each Councilmember s seat would be extended one year if the Council were to do nothing. Councilmember Burg supported moving the elections to even-numbered years and has done so for the past 12 years. She was not doing this to have her term extended but rather would support the friendly amendment on the floor. Councilmember Jacobsen questioned why Councilmember Strub was suggesting the Mayoral term be lengthened by one year. Councilmember Strub believed that it would benefit the next Mayor to have their term lengthened instead of shortened in order to properly learn the position and serve the community responsibly. Mayor Jacobsen believed that what was done for one should be done for all. For this reason, it was his recommendation, as a matter of fairness that the Mayoral term be reduced to one year. Councilmember Bauman was in favor of having this item placed on the 2016 ballot and that the terms not be decided by the City Council. Councilmember Burg referred this matter to the City Clerk. City Clerk Haarstad referred to State Statute and discussed how the expiration of terms was addressed by the State. She reported the City Council has the authority to lengthen or shorten terms. She explained City Attorney Gilchrest has advised the Council to address this matter at this time or be prepared for the terms to default to State Statute. It was noted that the Council s recommendation regarding terms would be placed on the ballot if a petition were to commence. Councilmember Strub requested the Mayor call the question. 3 Ayes, 2 Nay (Bauman and Mayor Jacobsen opposed)-amendment Motion Carried 4 Ayes, 1 Nay (Bauman opposed)-amended Motion Carried Commission Liaison Reports, Announcements and Updates Councilmember Burg invited the Boy Scouts in attendance to introduce themselves to the public. The Boy Scouts introduced themselves to the public noting they were working on their Communications Merit Badge. Commission Liaison Reports, Announcements and Updates

8 November 10, 2015 Page 8 of 9 Paul Jacobsen Councilmember Jacobsen wished all veterans a Happy Veterans Day and encouraged residents to thank a vet for their service to this country. He thanked the residents of New Brighton for supporting him in the recent election. He was both humbled and honored to be able to serve on the City Council for another term. He noted the Ralph Reeder Food Shelf was in need at this time. Residents were encouraged to provide monetary donations to assist with getting those in need through the holidays. He reported the Planning Commission would be meeting next on Tuesday, November 17 th at 7:00 p.m. Mary Burg Councilmember Burg thanked the public for their support in the recent election as well. She looked forward to serving the community in her fourth term as Councilmember. She discussed the value she placed on holding this important position. She explained she recently attended a flag raising ceremony at Northeast State Bank. She stated the Brew House has now opened a drive-thru and she encouraged residents to take advantage of this new amenity. She reported the Park and Recreation Commission discussed Hanson Park improvements last week. It was noted the Hanson Park improvements would be further addressed at an Open House on November 12 th from 6:30 p.m. to 8:00 p.m. at the Community Center. She indicated the Minnesota State Bikeway system was asking for comments through November 16 th on the City s trails. She thanked the City Forester for his presentation to the Council at the worksession meeting. She commented that on the day after Thanksgiving the Park and Recreation Department would be holding an Adventure Day Camp at the Community Center. She reported the Park and Recreation Commission would meet next on December if there were agenda items that needed discussion. Brian Strub Councilmember Strub offered his thanks to Mayor Jacobsen and Councilmember Jacobsen for their service to this country, and to the members of the American Legion that assisted with the Pledge of Allegiance. He believed it was a real honor to have local veterans lead the Council in the Pledge of Allegiance. He discussed a luncheon he attended last week for the Community Support Center. He appreciated the knowledge he gained at the luncheon regarding homelessness and thanked the local faith-based organizations for their dedication to this initiative. Gina Bauman Councilmember Bauman reported she was unable to attend the November 4 th EDC meeting. She noted the group discussed business retention and expansion. The EDC would be following up with businesses in the community and would be creating web based materials for the City s webpage. In addition, the group would work to nurture the City s current businesses. She discussed a letter she received in the mail without a return address and requested that this stop. She indicated she had been in contact with the Public Safety Department regarding this matter. She provided further comment on her disappointment with the negative comments that were spread about her from the recent election. She did not appreciate the viral comments and the barrage of ugliness. She encouraged residents to reconsider how they speak about others within this community. She explained that she worked for everyone in the community and requested that all foul actions towards her cease. Mayor Jacobsen Mayor Jacobsen congratulated Val Johnson on winning the Mayoral race. He wished her the best of luck on her new appointment. Mayor Jacobsen commented that he too received foul mail and comments from the public throughout his term as Mayor and all were reported to the Public Safety Department as some were quite threatening. He congratulated Councilmember

9 November 10, 2015 Page 9 of 9 Burg and Councilmember Jacobsen for their at-large wins as well. He reported that he also attended the Community Support Center luncheon last week and found this group to be a hidden gem in New Brighton. He hoped he would able to continue to having contact with this organization as they were doing great work with the homeless. He then discussed the valuable work being done by Stepping Stone in Anoka County. He thanked the residents of New Brighton for their support over the years. He was honored and privileged to have served this community for the past six years. Adjournment Motion by Councilmember Burg, seconded by Councilmember Jacobsen to adjourn the meeting. Adjournment The meeting adjourned at 8:45 p.m. 5 Ayes, 0 Nays-Motion Carried, Meeting adjourned at 8:45 p.m. Dave Jacobsen, Mayor ATTEST: Terri Haarstad, City Clerk