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08-28-00 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting August 28, 2000 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag; Sue Sandahl; and Kristal Stokes. Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; and John Dean, City Attorney. APPROVAL OF MINUTES M/Susag, S/Stokes to approve the minutes of the (1) Special City Council Study Session of August 14, 2000 and (2) the Regular City Council Meeting of August 14, 2000. Motion carried 5-0. Council Meeting Minutes-2-August 28, 2000 Item #1OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Bill Duffee, 6515 18th Avenue, spoke regarding the approval process for taking their property. John Dean, City Attorney, addressed the timing of the process. City Manager Orduno responded to a concern regarding the confidentiality of the materials related to the taking process. Item #2 COUNCIL APPROVAL OF AGENDA M/Susag, S/Stokes to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A.Approved new commercial kennel license for Animal Care Clinic, 1208 East 66th Street S.R. No. 213 B.Approved new veterinary license for Veterinary Radiation Therapy, Inc., 1208 East 66th Street S.R. No. 214 C.Approved itinerant food license and temporary on-sale 3.2 percent malt liquor license for Richfield American Legion, 6501 Portland Avenue, pig roast and family picnic on September 9, 2000 S.R. No. 215 M/Rosenberg, S/Susag to approve the consent calendar. Motion carried 5-0. Item #4PUBLIC HEARING REGARDING PRESENTATIONS FROM TWO CABLE TELEVISION FRANCHISES, EVEREST CONNECTIONS CORPORATION AND WIDEOPENWEST, AND CONSIDERATION OF RESOLUTION REGARDING FINDINGS OF FACT WITH RESPECT TO PROPOSAL FOR CABLE COMMUNICATIONS FRANCHISE S. R. NO. 216 Council Meeting Minutes-3-August 28, 2000 City Manager Orduno introduced Staff Report No. 216 and turned the presentation over to Steven Devich and Brian Grogan. Brian Grogan, Moss & Barnett, attorney for the Southwest Suburban Cable Commission, reviewed Staff Report No. 216 concerning a public hearing regarding presentations from two cable television franchises, Everest Connections Corporation and WideOpenWest, and consideration of a resolution regarding findings of fact with respect to a proposal for cable communications franchise. Mr. Grogan emphasized that action before the City this evening is whether these applicants possess the necessary qualifications to proceed with this process. Mr. Grogan responded to questions from Council Members regarding the timing of current and potential future applications and the potential downsides of more cable operators in the community. He explained the difference between these operators and those which are providing competitive telephone services. John Manka, WideOpenWest (WOW), addressed the City Council regarding an informational presentation on WideOpenWest’s application. He stated that they would be pursuing residential customers. Mr. Manka described the history of their firm and previous installations as well as the basic design plan for providing this service. Council Member Sandahl asked if Time Warner has digital capacity. Mr. Grogan responded that Time Warner does have digital capacity. Jane Bremer, Larkin Hoffman Daly & Lindgren, representing Everest Connections, addressed the City Council regarding Everest Connections application. Ms. Bremer stated that both Everest and WOW provide one stop shopping for telephone, cable, and ISP service on one wire with one bill. She stated that the company is financed through Utilicorp, a large utility company in the Kansas City area with a $300,000,000 investment. Ms. Bremer further stated that material and a contractor for installation are already secured. She summarized the human resources involved in their company effort. Council Member Susag asked at what point the new company would be operational. Ms. Bremer stated that she felt that the first customers would be on line about six to nine months after the franchise was awarded. Larry Wozniczka, 6744 Wentworth Avenue, asked if the new cables would be the same size as the existing cables and what standby power provisions they have. John Manko, WideOpenWest, responded that the size of the cables would vary depending on the location from the hub. With respect to phone service, they are looking at a way to try to ensure that phone service stays on. Jane Bremer, Everest Connections, stated that the size of the cable is related to the design. The size should be similar to current ones. She stated that the system they are proposingwill have extensive redundancy in the system to deal with power failure. Council Meeting Minutes-4-August 28, 2000 Council Member Susag reviewed the documentation used by the City Council regarding the qualifications of each applicant, including application materials and a report provided by Mr. Grogan on each application. He emphasized that this was not in response to service provided by Time Warner, which has provided excellent services to the community. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Stokes that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8922 REGARDING FINDINGS OF FACT WITH RESPECT TO WIDEOPENWEST MINNESOTA LLC’S PROPOSAL FOR A CABLE COMMUNICATIONS FRANCHISE. Motion carried 5-0. This resolution appears as Resolution No. 8922 in Resolution Book No. 71. M/Susag, S/Stokes that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8923 REGARDING FINDINGS OF FACT WITH RESPECT TO EVEREST CONNECTIONS CORPORATION’S PROPOSAL FOR A CABLE COMMUNICATIONS FRANCHISE Motion carried 5-0. This resolution appears as Resolution No. 8923 in Resolution Book No. 71. Item #5CONSIDERATION OF RESOLUTION APPROVING CITY OF RICHFIELD PARTICIPATION IN LEAGUE OF MINNESOTA CITIES BUILDING QUALITY COMMUNITIES INITIATIVE S.R. NO. 217 City Manager Orduno reviewed Staff Report No. 217 regarding a resolution approving the City of Richfield’s participation in League of Minnesota Cities Building Quality Communities Initiative. Council Member Susag stated that this initiative is very important and asked the City Manager to read the entire resolution. City Manager Orduno read the resolution. Council Meeting Minutes-5-August 28, 2000 M/Stokes, S/Sandahl that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8924 RESOLUTION APPROVING CITY OF RICHFIELD PARTICIPATION IN LEAGUE OF MINNESOTA CITIES BUILDING QUALITY COMMUNITIES INITIATIVE Motion carried 5-0. This resolution appears as Resolution No. 8924 in Resolution Book No. 71. Item #6AIRPORT STATUS REPORT City Manager Orduno stated that the airport video has been completed and will be shown at the next Council meeting. Item #7HOUSING AND REDEVELOPMENT AUTHORITY REPORT City Manager Orduno reported that the HRA took three significant actions: 1.Acquired the Gleason Mortuary property. 2.Prepayment of a note to Richfield State Agency. 3.Approved cable casting of their meeting on January 1, 2001. Item #8COUNCIL DISCUSSION ITEMS None. Item #9CLAIMS AND PAYROLL City Manager Orduno explained the questions that arose regarding the last Claims and Payroll. M/Susag, S/Sandahl that the following claims and payrolls be approved: Council Meeting Minutes-6-August 28, 2000 RICHFIELD BANK & TRUST CO. INT Checks: 98478 – 98502$306,063.00 H/C100000 - 100326$938,505.50 PAYROLL20425 – 20437; 21036 - 21273$475,311.42 TOTAL$1,719,879.92 Motion carried 5-0. City Manager Orduno summarized the following meetings: August 307:00 p.m.Special Budget Meeting September-56:00 p.m.Special Study Session September 67:00 p.m.Tentative September 116:00 p.m.Special Study Session September 137:00 p.m.Public Meeting for Draft EIS September 186:30 p.m.Special Election Canvass Meeting ADJOURNMENT The meeting was adjourned by unanimous consent at 8:15 p.m. Date Approved: Martin J. Kirsch Mayor Steven L. DevichSamantha Orduno Acting City ClerkCity Manager