It fii EN HILLS. Approved: July 28, 2014 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 9, 2014

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1 It fii EN HILLS Approved: July 28, 2014 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 9, : 00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7: 00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Ed Werner Absent: None Also present: City Administrator Patrick Klaers; Public Works Director Terry Maurer; and Community Development Director Jill Hutmacher PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/ INFORMATIONAL Emmett Coleman, Comcast, discussed the vote that would be taken by the Council this evening. He explained that Comcast had serious concerns with the non-renewal of the cable franchise. He believed that the demands with Comcast' s RFP were not appropriate and then reviewed the PEG fees in the community. He asked that the Council consider their actions carefully. Councilmember Holmes commented that she thought that both sides have provided inconsistent information to the Council regarding the cable franchise. She asked what Comcast was proposing for PEG fees in the formal proposal. Mr. Coleman stated that the PEG fees were proposed to be approximately 60 cents per subscriber within the formal proposal, which differed from the informal process. He discussed PEG fees for the NSCC member cities in the formal versus the informal process. He reported that currently

2 2 ARDEN HILLS CITY COUNCIL JUNE 9, 2014 each household pays $ per month in PEG fees for capital and operating support. He PEG fees currently passed onto NSCC were used mostly for operating expenses and Comcast no longer had to provide operating support per Federal law. commented that the $ Councilmember Holden questioned what Comcast was doing to improve customer service and call responses. She reported that she has received numerous complaints regarding Comcast' s customer service. Mr. Coleman discussed the investments to the call centers and partnership adjustments that have been made. Councilmember Holden provided comment on the number of channels currently provided by Comcast for local programming and questioned why Comcast was proposing to cut the number of channels in half. Mr. Coleman stated that in the formal proposal, Comcast reviewed the programming for both the schools and viewership, Comcast believed that due to program repetition and the low municipalities. this franchise did not demand the current number of channels and therefore recommended that the number of channels be reduced. Councilmember Holden believed that Comcast was holding the public stations to a different standard than the municipal stations, given the fact that both had repetition. 3. STAFF COMMENTS A. TCAAP Update Community Development Director Hutmacher stated that the team of Kimley-Horn and Associates, Inc. and Wenck Associates Inc. was selected by Ramsey County and the City of Arden Hills for the development and design of the TCAAP Redevelopment Site Infrastructure. Their scope of services addresses design of public infrastructure including roadways, drainage, and stormwater management features, and utilities to support the redevelopment. The consultants will spend the next several months developing preliminary design layouts for the Spine Road, thumb road connection to County Road 1, regional stormwater management system, grading plan, mitigated wetlands, and sanitary sewer and water supply systems. Their work will require close coordination with ongoing planning and remediation activities and development of the adjacent interchange on County Road H at I-35W. Community Development Director Hutmacher stated that the preliminary designs will enable the consultant team to develop refined construction cost estimates to assist in the development of an infrastructure financing plan. The consultant team will also ultimately prepare construction documents for public bidding of the site infrastructure improvements. A kickoff meeting for the City Council and the consultant team is scheduled for June 30, Community Development Director Hutmacher explained that the public comment period on the draft AUAR and Mitigation Plan ended on May 28, Comments were received from Mr. Lyle Salmela, the City of Shoreview, the Minnesota Pollution Control Agency, the Minnesota

3 ARDEN HILLS CITY COUNCIL JUNE 9, Department of Transportation, the Minnesota Department of Health, the Metropolitan Council, and the Rice Creek Watershed District. Copies of the comments received were included in the agenda packet. City staff and consultants are discussing how the comments should be reflected in the Final AUAR and Mitigation Plan. Community Development Director Hutmacher reported that because the City Council will be asked to consider approval of the Master Plan Land Use Map at their meeting on June 30, 2014, staff and consultants are beginning to schedule work for the regulations and policies component of the master planning process. Work session discussion topics will be defined in the next month. Community Development Director Hutmacher stated that the Metropolitan Council has recommended that the City not proceed with a full LCDA application until a private developer/user has been identified. City staff anticipates that a full application may be possible in the 2015 LCDA funding cycle. Community Development Director Hutmacher indicated that special and regular City Council work sessions have been scheduled to discuss issues related to the Master Plan and City infrastructure. Discussion topics are tentatively planned as follows: June 16, 2014, Regular Work Session at 5: 00 pm, Council Chambers Review Revised Master Plan June 30, 2014, Special Work Session at 5: 30 pm, Community Room Review Final AUAR and Mitigation Plan Review Aesthetics for I- 35W Bridges Kick-off Discussion with Infrastructure Development/ Design Consultant Team June 30, 2014, Regular Meeting at 7: 00 pm, Council Chambers Consider approval of Master Plan Municipal Consent for 1-35W/Highway 96 July 14, 2014, Regular Work Session at 5: 00 pm, Council Chambers Discussion topics to be determined( infrastructure, regulations and policies, etc.) July 21, 2014, Special Work Session at 5: 30 pm, Community Room Discussion topics to be determined ( infrastructure, regulations and policies, etc.) July 28, 2014, Regular Meeting at 7: 00 pm, Council Chambers Approve Final AUAR and Mitigation Plan Staff anticipated that additional regular and special work sessions will be scheduled to discuss TCAAP issues. Future meeting topics will be defined as those dates draw nearer. Mayor Grant asked for Council comments or questions.

4 ARDEN HILLS CITY COUNCIL JUNE 9, Councilmember Holmes stated that section of the JPA states that the City public improvements are to be constructed according to a schedule that would be included in the Master Plan. She asked if this schedule has been developed. Community Development Director Hutmacher stated that this schedule has not yet been developed but one will be later in the year prior to the Master Plan being finalized. B. Transportation Update Public Works Director Maurer reported that the Highway 10/ County Road 96 signals were turned on last Wednesday for vehicle traffic. Work would continue on the trail subgrade to prepare it for paving. He reported that the temporary patch on County Road E would be replaced this week. He noted that the City would consider providing municipal consent for the Highway 96/ 1-35W interchange on June 30th at which time a public hearing would be held. Mayor Grant was pleased with the progress being made at Highway 10/ County Road 96 given the poor weather conditions this spring. Councilmember Holden questioned when Lakeshore Drive would be paved. Public Works Director Maurer reviewed the timeline for this project with the Council. Councilmember Holmes asked if the resident along Lakeshore Drive had received resolution to his drainage concerns. Public Works Director Maurer stated that he believed the design of the roadway would properly manage the water runoff. 4. APPROVAL OF MINUTES A. April 28, 2014, Special City Council Work Session Mayor Grant noted that he had requested a word change to the minutes to staff on Page 2. MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to approve the April 28, 2014, special City Council work session minutes as amended. The motion carried unanimously ( 5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Temporary Permit to Construct for Work in Freeway Park MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0).

5 ARDEN HILLS CITY COUNCIL JUNE 9, PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS A. TCAAP Development Discussion Opportunity for Residents Mayor Grant stated that under the Public Hearing section, citizens would have an opportunity to discuss ideas regarding the TCAAP development. Mayor Grant opened the public hearing at 7: 43 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7: 44 p.m. 8. NEW BUSINESS A. Renewal Proposal for Cable Television Franchise City Administrator Klaers stated that the North Suburban Cable Commission (NSCC) is a Joint Powers Commission for the ten member cities. One of the responsibilities of the NSCC is to enforce the terms of the franchise. Currently, NSCC has been working on the renewal of the cable franchise with Comcast. The renewal process has been going on for a number of years and the City Council has received periodic updates on the renewal status from Coralie Wilson, NSCC/ NSAC Executive Director. City Administrator Klaers indicated that the NSCC held public hearings on the formal Comcast franchise proposal on April 17, 2014, and on May 1, On May 15, 2014, the NSCC approved a resolution (on a 9-1 vote) to recommend preliminary denial of the renewal based on the formal proposal. On May 23, 2014, Comcast sent the City the formal proposal for franchise renewal and this material was available at City Hall for City Council and public review. City Administrator Klaers explained that the City Council is being asked to consider the formal Comcast franchise. Background information was provided to the Council on the Comcast proposal. He explained that Michael Bradley, legal representative for NSCC was present to provide an update on the NSCC recommendation and to answer questions from the City Council. Staff recommended that the City Council support the NSCC recommendation to adopt a resolution that makes a preliminary assessment that the Comcast franchise should not be renewed. Michael Bradley, NSCC legal representative, discussed the Comcast cable franchise noting that the NSCC has recommended that the Council not renew the formal proposal. He provided comment on the negotiation process that NSCC has undergone with Comcast in both the formal and informal processes. Mayor Grant requested further information on the reviews by CDG Communications, the Buske Group and FRC.

6 6 ARDEN HILLS CITY COUNCIL JUNE 9, 2014 Mr. Bradley stated as part of the needs ascertain, NSCC sought opinions as to the needs of the franchise, along with a PEG fee analysis and CDG Communications, the Buske Group and Front Range Consulting, Inc. ( FRC) assisted with this analysis. Mayor Grant explained that no matter the action taken by the Council this evening, Comcast would continue to operate in this community. Craig Wilson, Arden Hills' representative to the Cable Commission, noted that he has been the City' s representative on the Cable Commission for the past 10 years. He briefly discussed the three year negotiation process stating that it has been lengthy and drawn out. Councilmember Holmes requested Mr. Wilson' s major concerns on the formal proposal. Mr. Wilson stated that based on the information gathered in the needs assessments, and what Comcast was willing to provide the franchise, he believed the parties were too far apart at this time to approve the proposal. Mayor Grant read through highlights of the executive summary of the needs assessment completed by CDG Communications and FRC. He commented that FRC found that the Comcast proposal did completed by not meet the the Buske needs Group. of the member cities. He reviewed the PEG fee assessment It was noted that each of these companies was hired by NSCC to interpret the needs of the cable franchise. Councilmember Werner noted that NSCC recommended denial of the formal franchise on a 9-1 basis. This vote carried a lot of weight with him. Mayor Grant thanked Craig Wilson for his service on the Cable Commission for the past 10 years. He asked how Mr. Wilson voted on the formal franchise. Mr. Wilson explained that he recommended that the member cities preliminarily deny the formal cable franchise. Councilmember McClung thanked staff for providing the cable franchise information to the Council. He explained that all of the information provided to the Council was available online to the public. He indicated that he would be supporting the preliminary denial of the cable franchise. Councilmember Holmes requested further information on the PEG fees and if the rate was $ or$ Mr. Bradley indicated that the PEG fees were currently closer to $ per month. He explained that Comcast was including operational support in their numbers, which has not been requested from NSCC going forward. Councilmember Holmes asked how NSCC would fund their operational needs. Mr. Bradley stated that this would be done through franchise fees and fundraising efforts.

7 ARDEN HILLS CITY COUNCIL JUNE 9, Mayor Grant understood that the three consulting firms were hired by NSCC, but commented that all of their findings supported NSCC' s request for preliminary denial. MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to adopt Resolution # Preliminary Assessment that the Comcast of Minnesota, Inc. Cable Franchise should not be Renewed. Councilmember Holden noted that this resolution is Attachment C and she encouraged both sides to continue to work together to bring about a compromise. The motion carried (5-0). 9. UNFINISHED BUSINESS None. 10. COUNCIL COMMENTS Mayor Grant commented that a TCAAP dedication was held on June 6th, which was the 701h anniversary of D- Day. He thanked the Council for their attendance, along with representatives from the County and the Minnesota Pollution Control Agency ( MPCA). Mayor Grant indicated that he has received complaints from residents regarding the number of trains and stopped trains on the railroad tracks. He also questioned what the railroad was doing on the trestle. He requested that staff speak with the railroad and to County Commissioner Huffman regarding this matter and report back to the Council. Mayor Grant recommended that staff review the grass length on City properties. He suggested that staff look at the triangle property as he thinks the grass on this parcel has died. Councilmember Holmes discussed the trail along County Road E2 to Perry Park, noting that a portion has been wet all year. She recommended that staff review how to remedy this situation. She provided comment on the new signs along County Road E2, noting that they used to say when children present". Staff was requested to investigate these signs. Councilmember Holden suggested that staff purchase a display cabinet for City Hall for TCAAP memorabilia. Councilmember McClung indicated that the Ramsey County League of Local Government would meet on June 26th at 6: 30 p. m. at the Union Depot in St. Paul. The LRT green line would be discussed. ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adiourn. The motion carried unanimously (5-0).

8 ARDEN HILLS CITY COUNCIL JUNE 9, Mayor Grant adjourned the regular City Council meeting at 8: 32 P.M. c 65A- 4 A -,1,jj Patrick Klaers Davi rant City Administrator Mayor