Loading...
HomeMy WebLinkAbout2009/10/14 CCM - SM ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEDURES OCTOBER 14, 2009 CALL TO ORDER Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was held on Wednesday, October 14, 2009 at 6:30 p.m. in the Conference Room at City Hall, 2875 145t Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan and Weisensel attending. Council Member Bills was absent. Staff members present included City Administrator Johnson, Assistant City Administrator Foster, Director of Public Works /City Engineer Brotzler, City Clerk Domeier, Community Development Director Lindquist, Finance Director May and City Attorney Vose. ADDITIONS OR CORRECTIONS TO AGENDA Mayor Droste stated that the Action Items will be discussed before the Discussion items. ACTION ITEM C1. Presentation by FTTH Communications, LLC Representatives from FTTH, Telecom Communications and EveresTV were in attendance for the item. City Administrator Johnson summarized the information provided within the staff report. Rick Engel, CEO of Rudder Capital, stated he was tasked to evaluate the three different companies owned by Rudder. Mr. Engel was aware of progress with F1TH and started looking for a viable buyer in July of this year. His goal was to make certain that a buyer had the financial wherewithal to complete the deal and a company with industry knowledge to continue the relationship with their customers. Mr. Engel stated that Rudder has every intention to serve the citizens if they cannot reach a deal with the City. Mr. Engel will do whatever it takes to bring in a viable buyer for the franchise and looking for a smooth transaction. Jeffrey Feldman, of EveresTV, communicated his interest in the business. Mr. Feldman provided background on his experience and EveresTV including its financial status. Everest would own 80% of FITH and 20% would be owned by investors. The franchise agreement will be a key asset and needs to be moved to EveresTV in good standing. Mr. Feldman did not want to move forward if he felt the customer base would be lost. Moving forward will be subject to the City Council's decision to extend the revocation period and consideration to transfer the franchise. His goal was to map out the revocation issues and get the framework started to get the franchise transferred. EveresTV was looking to conditionally close around Thanksgiving. Clyde Ahlquist stated that Rudder respectfully requests at least a six month extension to move forward with the purchase agreement. He spoke of the City's right of first refusal and that the buyer would request a transfer of the franchise or a new franchise agreement. The intention is that during the six months the seller and potential buyer can move forward with the process. City Council Member Shoe Corrigan asked about the possible closing date. Mr. Feldman anticipated a closing date around Thanksgiving or early December. Mr. Ahlquist commented that the closing cannot take place without approvals from the City and the Public Utilities Commission. He figured the closing date may be closer to December 31 depending upon the length of the PUC review. Mr. Johnson stated that the City controls it own timeline of 120 days but that the PUC is allowed up to 90 days for review. Mr. Ahlquist stated that he would check the PUC docket on Thursday but noted that the PUC will not start a review without a signed purchase agreement. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEDURES OCTOBER 14, 2009 Council Member DeBettignies had no issues with granting an extension and thanked EveresTV for meeting with the City. Council Member Weisensel questioned the build out schedule. Mr. Vose stated that staff and EveresTV did spend time earlier in the day talking about the build out schedule. He thought that for the purposes of tonight's meeting it was too much to expect the City Council to determine an appropriate build out schedule. Mr. Vose stated that the important issues discussed today included the transfer of a cable franchise or granting a new franchise. In either a transfer or new franchise a city typically looks at the overall corporate assets. He anticipated that the City Council would want to see the ability to make capital investments in the community in a short time frame. He added that the buyer understandably wants to make a commitment to secure funds for the build out. Staff will push for information on how this will be financially accomplished. Mr. Vose also stated that another complication is the state statute mandates a build out schedule that postdates the existing franchise. In his opinion, the City will need to apply that legal requirement to the new build out and discussion of the phasing will need to be addressed. Council Member Shoe Corrigan stated that Mr. Feldman had the key background and education. She questioned when the investment will occur, how Mr. Feldman will make it occur, his commitment and if it could be done in a reasonable amount of time. Mr. Feldman provided more information on his access to the capital needed to make the investments. Council Member Shoe- Corrigan questioned if the six month extension was sufficient. Mr. Vose stated that based upon discussion earlier in the day it was decided not to push out the extension date any further. The extension needed to be more than just 30 days to complete the entire process with the City and PUC. Based upon that balance they decided on a six month extension. Mr. Feldman noted that EveresTV was frozen until the franchise agreement issues were resolved. He added that the longer the time limit the longer he has to wait to invest. Council Member Weisensel preferred a six month timeframe for the citizen's benefit. He didn't want customers to be worried about having to jump services. He added that he didn't want to be in this situation again in the next two to three years and that he expected the buyer to live up to the agreements. Council Member Shoe Corrigan stated that current customers are happy with their current service. She wanted those opportunities for the rest of the residents in Rosemount. More households in the City would like access to the choices and opportunities. She said if you can provide us the necessary documentation in the next six months I am willing to move forward. Mr. Johnson suggested the six month extension date of April 21, 2009. C2. Extension of the Revocation Date of the Cable Franchise issu ed to FTTH Communications, LLC Motion by Shoe Corrigan. Second by DeBettignies. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEDURES OCTOBER 14, 2009 Motion to Approve a Resolution Extending the Date of Franchise Revocation for FTTH Communications, LLC to April 21, 2010. Council Member Weisensel questioned if any other interim dates should be included within the motion. Council Member Shoe Corrigan responded that a timetable seemed appropriate. Mr. Vose did not favor formalizing the timeline because it was not determined if the franchise would be revoked, transferred or new. He added that the vote would not change the fact that a revocation date is out there and under City Council control. By voting yes, it would make the buyer work seriously and diligently to make the deal happen but no matter what the City Council holds the cards. Ayes: Weisensel, Shoe Corrigan, DeBettignies, Droste. Nays: None. Absent: Bills. Motion carried. (Resolution 2009 -57) DISCUSSION 3.A. Request by Laxman Sundae Regarding Drainage Issues at 2055 128 Street Director of Public Works /City Engineer Brotzler stated that staff met with Laxman Sundae prior to the October 6 City Council meeting regarding the drainage issues. He stated that staff was not aware that any of the neighbors altered their properties to affect the drainage on Mr. Sundae's property in a negative way. Discussion was held regarding Mr. Sundae's septic system. Mayor Droste provided background on the properties in the area and the other drainage issues. Community Development Director Lindquist stated that Mr. Sundae believes that the neighbors should have defined swales to ensure that water drains correctly from his home. She added that staff explained to Mr. Sundae that staff only works with public improvements within the dedicated public drainage and utility easements. The issue is a civil matter between the neighbors. Brief discussion was held about bringing water and sewer to the area. 3.B. Liquor Regulations Ordinance Amendments City Clerk Domeier summarized the information provided within the staff report. The City Council favored moving forward with the proposed amendments. The ordinance will be provided at the November 3, 2009 City Council meeting for consideration. UPDATES 4.A. Youth Commission Assistant City Administrator Foster summarized the information provided within the staff report. Mayor Droste suggested that the City Council pass on goals to the commission each year. Council Member DeBettignies suggested that another partnership opportunity for the commission could be the local seniors group. Mayor Droste and Council Member Shoe Corrigan wanted to be the City Council co- liaisons to the commission. A brief discussion was held regarding the structure of the commission. Ms. Foster will provide a draft resolution establishing the commission for consideration at the October 20, 2009 City Council meeting. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEDURES OCTOBER 14, 2009 4.B. Final budget preparation for 2010 City Administrator Johnson summarized the information provided within the staff report. He questioned if the City Council wanted to discuss the budget again in November. Mayor Droste commented on the tax reduction and tax rate comparisons in Dakota County. He suggested revisiting the budget again in November. Council Member Shoe Corrigan stated that during the future years' goal setting sessions the City Council should discuss the delivery of services. She also stated she had nothing to add to the current budget but wanted to discuss policy changes. The next budget discussion will be held at a special work session following the November 3, 2009 regular City Council meeting. 4.C. Update on Collective Bargaining City Administrator Johnson provided the status on the collective bargaining for the four City groups that have contracts expiring. Staff has met with the Teamsters bargaining group. Discussion was held on longevity, wages, City snow removal, contractual snow removal, over -time, comp time and tracking department expenses. Further discussion will be held about negotiation strategies. 4.D. Updates by City Council /Staff Director of Public Works /City Engineer Brotzler provided an update on Shannon Parkway feasibility work and trails. Staff was requesting feedback from the re- striping of Shannon Parkway. Council Member Shoe Corrigan stated she heard positive feedback changing the road from four lanes to two lanes with a turn lane. Discussion was held regarding future striping, roundabouts, funding and pedestrian crossings. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by DeBettignies, the meeting was adjourned at 9:00 p.m. Respectfully submitted, Amy Domeier, City Clerk