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HomeMy WebLinkAbout03-04-2004 Council Work Sessionr Council Work Session 5:30 p.m., Thursday, March 4,2004 Orono City Council Chambers AGENDA 1. Presentation regarding the new City website 2. Citizen survey regarding DSL high-speed internet access 3. Tax and Expenditure Limits (TELS) and Tax Payer Bill of Rights (TBOR) legislation iqidate and resolution 4. Multi-year Police Service Agreement with Spring Park 5. Drug Enforcement Grant Application Update 6. Update regarding development proposals for the southwest quadrant of Old Crystal Bay Road and Highway 12 7. Paddock subdivision EAW update 8. Bederwood Park-expanded baseball usage request 9. Planning Commission Appointments 9. Other lu Li TO: FROM: DATE: Mayor Peterson and Council Members Ron Moorsc, City AdmitdstnioT^^'^ \ March 2,2004 SUBJECT: DSL High-Speed Inleniet Access Service and Survey The Suburban Rate Authority, an organization that represents the interests of its member cities regarding utility rates and services, has requested those cities with inadequate DSL service to collect information regarding the service need to assist it in its efforts to require Qwest to expand its DSL service to those areas that are under served. I have attached two emails from Desyl Peterson, Orono resident and Minnetonka City Attorney, requesting Orono to conduct a survey of its residents and businesses regarding the availability of DSL service, and providing background information regarding the Suburban Rate Authority ’s efforts in this area. If the Council wants to conduct a survey, we could include it in the spring city newsletter. «^Ron Moofie - FWi Qwest S«fylc»~SRA Mambf^uslness^ DSL t)emanif IdentHfcafiw From: "Desyl Peterson ” <dpetersQnOeminnetonka.oom> To: "Ron Moorse (E-mail)" <rmoorse(8ci.orono.mn.t»>, "Barb Peterson (E-mail)" <petersonOunisoninc.com> Date: 2/19/04 3:S0PM SuBieet: FW: Qwest DSL Service—SRA Member Business/Residential DSL Demand Identification Ron and Barb; As an Orono resident, I would love to see Orono pursue this issue and obtain the information that might help get DSL service to Orono. In Minnetonka, we distributed the survey in our city newsletter and offered people 3 ways to complete the survey; mailing it in, calling it in, or completing the survey on the Internet. It took very little staff time to prepare the survey and compile the results. Thanks for your consideration, Desyl ■Original Message- From: Stror.imen, James M. [mailtoijsIrommenQKennedy-Graven.com] Sent Thursday, February 19,2004 3:35 PM To: Allan Orsen (E-mail); Barry Johnson (E-mail); Bob Cockriel (E-mail); Bruce Nawrocki (E-mail); Charles Honchell (E-mail); Chris Miller (E-mail); Chris Wailberg (E-nvail); Dan Faulkner (E-mail); Dave Osberg (E-mail); David Jessup (E-mail); Desyl Peterson; Diane DeblOi .E-mail); Donald Loebrick (E-mail); Doran Cote (E-mail); Duane Schwartz (E-nwil); Gene Dietz (E-mail); Gerald Butcher (E-mail); Geralyn Barone; Ginny Black (E-mail); Glick Marcia (E-mail); Greg Gappa (E-mail); Jeanne Andre (E-mail); Jeannine Clancy (E-mail); Jim Gates (E-mail); Jim Keinath (E-mail); John Anderson (E-mail); John Wallin (E-mail); Jon Haukaas (E-mail); Kevin Hansen (E-mail); Mark Bemardson (E-mail); Mark Hanus (E-mail); Mark McNeill (E-maH); Matt Fulton (E-mail); Melinda Coleman (E-mail); Michelle Morse (E-mail); Mike Kelly (E-mail); Mitchell Rasmussen (E-mail); Moorse Ronald (E-mail); Neal Beets (E-mail); Patty Muscovitz (E-mail); Paul Oehme (E-mail); Randy LaFoy (E-mail); Richard McCoy (E-mail); Rick Getschow (E-mail); Ron Case (E-mail); Steve Lawrence (E-mail); Steve Mielke (E-mail); Steve Stadler (E-mail); Suzanne Bangert (E-mail); Terry Quigley (E-mail); Terry Schwerm (E-mail); Tom Burt (E-mail); William Bums (E-mail) Cc: Vose, Robert J.; Mercer-Taylor, Beth Subject; Qwest DSL Sen/ice—SRA Member Business/Residential DSL Demand Identification To; Ail SRA Delegates, AKemates, City Managers, Administrators From: Jim Strommen. Bob Vose PLEASE FORWARD THIS EMAIL TO THE PERSON(S) IN YOUR CITY MOST INVOLVED WITH TELECOMMUNICATIONS/CHAMBER OF COMMERCE/CITY WEBSITE-MAILED INFORMATION. BACKGROUND As you know, the SRA is involved in a proceeding at the PUC in which Qwest is negotiating a new Alternative Form of Regulation (/VFOR) for service to its customers, i.e., a contract for services and rates for the next several years. Most, but not all, of your cities are served by Qwest at least in part. This request does not involve your city if Qwest serves no part of it. The purpose of this email is to request that your city gather information from residents and businesses that may assist in gaining better DSL (digital subscriber line) service in your city out of the PUC-Qwest AFOR P'^e fj Ron Moorse - FW: dwest DSL S»rvtce —SRA Membr Butlnest/R —idutil DSL Demand IdentHicaiBon order later thie year. The City of Minnetonka has already gathered some helpful information identifying areas of no DSL service and resident Interest in it If the type of information (described below) can be gathered from each of the 34 SRA cities, the chances of favorable PUC treatment of required DSL investment by Qwest will be enhanced. This of course assumes that sufficient data is obtained and that the data reflect a demand for DSL. If people in your city are Indifferent to DSL (which is clearly limited in availability now) then we will know it is not a matter of priority. Indications are, however, that DSL is a desired technology, especially for businesses. For your information, DSL is an advanced technology allowing high speed internet to the home or business through the telephone tine. It allows one to make calls while online, unlike dial-up service. It Is also much foster than dial-up service. Note that DSL has its competitive alternatives, such as cable internet Business or residential customers who send significant volumes of materials from their sites, however, will find that DSL is superior to cable service. Cable internet service is generally foster than DSL but inferior in the business-related information sending function. As a result businesses located in offices parks/buildings or home-based would tend to prefer DSL. The purpose of this SRA "survey" is to identify availability, needs and interest regarding DSL service. This is a voluntary exercise of course. As you know, SRA member cities are not typically active in carrying out tasks associated with the utility/telecom issues we address. This is an exception to that rule, but one that can be very helpful to all SRA cities that participate. With the technology now available to cities in the Metro Area, we would hope that this type of information gathering could be used for frequently than in the past for the SRA. The timing of this is important The AFOR process before the PUC will continue through the spring and summer. The information sought is most helpful if obtained by the end of spring, i.e. May or earfyJuie. It will allow negotiation and possible information refinement before the proceeding reaches the PUC ifoelf this sumnrrer. If the SRA has credible information regardirrg DSL interest in hand, its chances of a required DSL investment component in any PUC order are enhanced. DSL QUESTIONS The foHowing are possible questions your city can pose to businesses and residents regarding DSL service in your dty. The most effective means of disseminating these questions is up to each city. We believe that Minnetonka effectively utilitized its website in gaining information on DSL availability and interest Your city may have other methods. The line of questioning would be: First a brief description of the purpose of the survey —which we can provide for uniformity purposes. This should include sumetliing abuut DSL so the person understands the subject matter and any other introductory matter that will increase the response and reliability level. 1. V\fere you femiliar with the term "DSL" before reading the brief description above? yes -----no- 2. The location of your home or business is important to this survey because we are identifying locations where DSL is and is not provided by QwesL Please provide the address referenced in your response 3 This address is a ■residence-business--both a residence a la business 4. is DSL service available at this address? yes--notsure •PSgeTj < Son Mootm - FW: Qwest DSL Service —5RA iA«mb*r BuainMS/ResMentiai DSL Demand idenimea|^P«g«3j 5. IfyM, do you subterib* to DSL MrviM ncMV? yes- Interested ------------ -na but interested-■no and not 6. If rK) or rK)t sure, would you be interested in subscribing to DSL service if it were available? yes —-——-no---------possibly--------- 7. Are you or other member of your household or business interested enough in DSL service now that you would seriously entertain a subscription to (contract for) the senrice for at least six months—if it were offered? -possibly- The information we seek is that simple. Another AFOR plan approved by the PUC for another telecom included a provision requiring the customer demand to be a certain level and then, and only then would DSL be made available. This process would give the S>V.'‘)«ies an opportunity to know the general interest level prior to any such PUC order. I REITERATE THE POTENTIAL BENEFIT OF THIS PROCESS TO THl* SRA AND TO THE INDIVIDUAL CITIES THAT PARTICIPATE. PLEASE FORWARD THIS TO THE PROPER DEPARTMENT/PERSON. IF THERE ARE ANY QUESTIONS-SUOGESTIONS-COMMENTS, PLEASE EMAIL ME OR BOB VOSE Thank you. JimStrommen fRon Moofse • RE: sftA Survey Re: DSL Sfvlc»RageJI^ Linda. Thank you for pursuing this process. You can you try the introduction below. Please add whatever you need for Columbia Heights. You might also check with Minnetonka and Brooklyn Park regarding what they did for introduction. This is a survey to determine the availability of Digital Subscriber Line (DSL) service to Qwest customers in our city, and customer interest in IL The survey should take only a couple of minutes to complete but H win provide iniportant information and be used in the city's effort to improve the technology available to Qwest customers in Columbia Heights., through an organization to which the dty belongs. DSL is an advanced technology that allows the user (residential or business) to obtain high-sp e ed internet service from a telephone line, while allowing calls. Dial-up telephone line internet service is slower than DSL and does not allow telephone calls while online. DSL is generally equivalent to cable high-speed internet but has greater ability to transmit information than cable service. (Col. Hts.) is a member of the Suburban Rate Authority (SRA). SRA consists of a group of Twin Cities suburbs that actively participate in utility matters (telephone, gas and electric) before the Public Utilities Commission on behalf of residents and businesses in member cities. This survey deals with Qwest and the sen/ices it has or may make available to customers in Col. Hts and other SRA-member cities. DSL may or may not be evailable to all Columbia Heights, residents. Residents and businesses may or may not be interested in DSL service. This survey will help us determine the answer to those questions. Your opinion is important to this process and to the goal of better technology service to Qwest customers in Columbia Heights. We appreciate your assistance. If you have any questions, please call ■Original Message From; Linda Magee [mailto;Linda.MageeQci.coiumbia-heights.mn.us] Sent: Tuesday, February 24,2004 12:38 PM To: Strommen, James M. Subject: SRA Survey Re: DSL Service Our Public Wbrks Director, Kevin Hansen, forwarded your e-mail to me 1 Troo f^obrse - REfSRA Survey Re; DSL Service ’PageT ir Ffom; "Oesyl Peterson" <dpeterion0eminnetonka.com> To: •‘Strommen. James M." <jstrommen@Kennedy-Graven.com >, “Linda Magee* <Linda.Magee@ci.columbia-he«ghts mn.us> Date: 2/25/04 10; 37 AM Sut^ect: RE: SRA Survey Re: DSL Service Linda; Our introduction was ohortcr. I would improve ours by adding one sentence that I have put in [) below. We said: DSL (digital subscriber line) is an enhanced service provided by Qwest through its local service telephone lines. It provides high-speed internet access without tying up the telephone line —you can make calls while using the internet. [DSL senrice can generally transmit information faster than cable service.) The City wants to know if there are significant gaps in DSL service from Qwest to Minnetonka residents and businesses. This information will be shared with the commission that regulates Qwest. Please respond to the following survey in any of these three ways; • Go to www.eminnetonka.com and complete the survey on-line. • Mail this sunrey to: DSL Sunrey, City of Minnetonka, 14600 Minnetonka Blvd., Minnetonka, MN 55345. • Call 952-939-8586 and leave your responses on the Minnetonka Mike message line. Desyl L. Peterson City Attorney, Minnetonka, MN dpeterson@eminnetonka.com —Original Message — From: Strommen, James M. tmailto;jstrommen@Kennedy-Graven.com ) Sent Wednesday, February 25,2004 10:24 AM To: Linda Magee Cc; Allan Orsen (E-mail); Barry Johnson (E-mail); Bob Cocknel (E-mail); Bruce Nawrocki (E-mail); Charles Honchell (E-mail); Chris Miller (E-mail); Chris Wallberg (E-mail); Dan Faulkner (E-mail), Dave Osberg (E-mail); David Jessup (E-mail), Desyl Peterson; Diane Deblon (E-mail); Donald Loebrick (E-mail); Doran Cote (E-mail); Duane Schwartz (E-mail); Gene Dietz (E-mail); Gerald Butcher (E-mail); Geralyn Barone; Ginny Black (E-mail); Glick Marcia (E-mail); Greg Gappa (E-mail), Jeanne Andre (E-mail), Jeannine Clancy (E-mail); Jim Gates (E-mail); Jim Keinath (E-mail), John Anderson (E-mail), John Wallin (E-mail); Jon Haukaas (E-mail); Kevin Hansen (E-mail); Mark Bemardson (E-mail); Mark Hanus (E-mail), Mark McNeill (E-mail); Matt Fulton (E-mail); Melinda Coleman (E-mail); Michelle Morse (E-mail); Mike Kelly (E-mail), Mitchell Rasmussen (E-mail), Moorse Ronald (E-mail); Neal Beete (E-mail); Patty Muscovitz (E-mail); Paul Oehme (E-mail); Randy LaFoy (E-mail); Richard McCoy (E-mail); Rick Getschow (E-mail); Ron Case (E-mail); Steve Lawrence (E-mail). Steve Mielke (E-mail); Steve Stadler (E-mail); Suzanne Bangert (E-mail); Terry Quigley (E-mail); Terry Schwerm (E-mail); Tom Burt (E-mail); William Bums (E-mail); Vose, Robert J. Subject RE: SRA Survey Re: DSL Service TO:Mayor Peterson and Council Members FROM: Ron Moorse, City Administrator DATE:Match 2.2004 SUBJECT: LcgislatioB Regarding Tax and Spending Limits for State and Local Governments Attached is information from the League of Cities regarding legislation that would place major restrictions on the ability of both the State and the local govenunents to raise taxes and expenditures. This would be a major loss of local control for cities. Also attached is a resolution in opposition to this legislation. I would like to bring this resolution to the March 8 Council meeting for adoption Feb Z7 28B4 16:42:31 VU Pax ->♦9522494616 Adniniatrator Paae BB2 Of 006 LKC -FridayFax- JoIT A weekly legislative update from the League of Minnesota Cities Taxpayer ’s Lcafuc renews TBOR push The Taxpayers League of Minnesota is renewing its push for the Legislature to enact legislation to limit state ?nd local spending throu^ a constitutional amendment similar to a Colorado law known there as the taxpayer ’s bill of rights (TBOR). The Taxpayers League effort is clearly aimed at building support in the March 2 Minnesota caucuses. Materials distributed by the Taxpayers League are encouraging their members to attend caucuses to secure legislative support for TBOR. They have developed a simplistic pledge supporting the enactment of TBOR in Minnesota that is targeted to legislators. The League of Minnesota Cities has been educating legislators about the significant problems with the TBOR proposal. Now we need your help. Please take action today to send a message that tax and expenditure limits (TELs) and TBOR vmuld be bad for Minnesota by; 1. Adopting the attached city council resolution opposing TELs/TBOR at your next city council meeting. 2. Attending your political party's precinct caucus March 2 and urging adoption of the attached caucus resolution to qipose TELs in any form, including TBOR. 3. Meeting with your legislators during City Day at the Capitol - one of the events connected to the 2004 State of the Cities Legislative Conference on March 3 - to ask Otem to oppose TELs/TBOR. For more information on TELs/TBOR, see this week's IS-Minute Advocate, published in the Feb. 2S issue of the Cities Bulletin and posted on the LMC web site, and access die TELsTTBOR Action Toolkit available on the LMC web site at: \\>wiv lmnc.org (where you'll find a copy of the resolutions, talking points and fact sheM). February 27,21 Page 2 Upcoming bcaringi: The House has set its first committee deadline of March 12. Now the Senate has not agreed to this deadline by which a bill must have had its first hearing, but for all practical purposes right now die House is setting its own limits for bill hearings. The committees, particularly in the House, are jam packed with bills, and bills that affect cities. For the most up-to-date listings, check with their website www.legatate.mn us. Schedules will be lighter on Tuesday afternoon and Wednesday morning as members travel back to their districts for precinct caucuses on Tuesday evening. Here's a taste of the upcoming week: WEDNESDAY, March 3,2004,12:30 PM Committee; House Transportation Policy Room: 200 State Office Building Chair Rep. Ron Erhardt HF 1913 (Kuisle) relating to hi^ways; providing for county board approval of certain preliminary plats and initial plat filings. WEDNESDAY, March 3.2004,230 pjtL Conunittee; Civil Law Room' 10 State Office Building Chair. Rep. Mary Liz Holberg HF 561 (Gerlach) Pre-empts cities by setting mandatory penalties for tobacco sales to minors by retailers, sets state uniform penahies. WEDNESDAY, March 3,2004,2.30 pm Committee; House Local Government A. Metro Affairs Room; 200 State Office Building Chair Rep. Jerry Dempsey HF 898 (Thissen) Eminent domain; inverse condemnation by a business when a governmental entity occupies ^e market authorized. HF 2103 (Nelson, Carla/ .Municipalities authorized to require the dedication of land for public purpose (the ARMR fee bill) For mote infonmuan an city k|ititiivc iMuei, cgnlocl any member of ibe League of MinncMiu Cttiee liler|ovemmcnui Reioiian* teem. 6S1.281 .1200 or 800.92S. 1122 feb Z7 2BB4 16:43:50 VU Fax ->♦0S22494616 AdMinistrator Page 004 or 006 CITY COUNCIL RESOLUTION RESOLUTION # A RESOLUTION TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS (TaBOR and Similar Propoialt) WHEREAS, the Taxpayers League and others are endorsing proposals to amend the State Constitution to institute tax and expenditure limitations at the state, and potentially local, levels of government that could only be overridden by a vote of the people - an example of these proposals is the ‘Taxpayers Bill of Rights"; WHEREAS, such proposals would tie the hands of state and local leaders in tinrtes of crisis and other unpredictable circumstances, putting state and local governments on “auto pilot" and circumventing thoughtful consideration of policy decisions; WHEREAS, such proposa'.s would prevent state and local officials from making the tough decisions they were elected to make, passing the responsibility for learning all aspects of often complex issues to citizens who have other jobs and responsibilities; WHEREAS, amending the constitution is a virtually irrevocable action and should only be undertaken when legislative remedies have proven inadequate; WHEREAS, such proposals are unnecessary - a “solution in search of a problem" - as denwnstrated by lawmakers at both state and local levels of government taking action to deal with one of the worst budget crises to hit the State of Minnesota and, by result, Minnesota’s cities; WHEREAS, this is fUrther demonstrated by the fact that state and local spending as a percentage of personal income has actually declined in recent years, even before the 2003 deficit; WHEREAS, regardless of whether TaBOR/TELs are applied just to the State or to local governments as well, these proposals would bring great harm to local communities through continued reductions in state funding, increases in unfunded State mandates, and, potentially, direct tax and expenditure limitations at the local level, which would severely erode decision* making at the local level and the ability to provide the basic services residents and businesses expect and deserve; WHEREAS, such proposals would force the State, and potentially cities, to spend valuable time and money asking for permission from the same people who elected them before any action can be taken on important issues, and would also force taxpayers to pay twice for governance - once for elections of their State and local officials, and again for elections to make the decisions those officials should have made. WHEREAS, such proposals contradict the fundamental principles upon which our constitution and system of government are based - that representative, not direct, democracy is the most effective form of government as it is nnost likely to result in good public policy; Pek 27 2BM 16:44:3B VU Pax ->♦9SZZ4Mbl6 (UniNistratar Page BBS or 006 WHEREAS, those states that have instituted proposals similar to the Taxpaym Bill of Rights, such as Colorado, now face severe problems in meeting the basic needs of their citizenry; NOW, THEREFORE, BE IT RESOLVED by the Council of flie city of that this Council believes that state and local elected officials are elected to do a job - that job is to represent the interests of their constituents, to deal with difficult decisions, to thoug^itfUlly ddiate and determine the best course of action for the state or the community they serve. BE IT FURTHER RESOLVED that this Council opposes limits on state and/or local taxes and expenditures, whether through constitutional amendment or other means, a^ supports the principle of representative democracy as flie best route to sound public policy. ADOPTED by the City Council this__day of j2004. TO; FROM: DATE: Mayor Peterson and Council Members Ron Moorse, Cit)' Administrator W^ ^ March 2,2004 / SUBJECT: Multi-Year Police Service Agreement with Spring Park Chief Good, Sergeant Erickson, and I are preparing a proposal to Spring Park for a five-year rolling agreement for police services. The five-year rolling agreement is similar to the three-year rolling agreement we luive with Long Lake for police services. The benefit of the rolling agreement is that each year that the agreement is renewed, it is renewed as a new five-year agreement. This helps to insulate the agreement from political issues that could create problems if the agreement could be cancelled within a shorter time-frame. A key element of the five year agreement is a five-year budget package. Because we are asking Spring Park to commit to purchasing police services from Orono for a five-year period, we need to provide some assurances to Spring Park regarding the level of costs over the five-year period. This is accomplished through the five-year budget package. At the work session, we woidd like to review how providing a competitive budget package to Spring Park relates to meeting the budget needs of the Police Department over the next five years. TO: FROM: DATE: Mayor Peterson and Council Members Ron Moorse, City Administrator March 2,2004 SUBJECT: Update Regarding Residential Development Proposab for the Southwest Quadrant of Old Crystal Bay Road and Highway 12. The twenty acres of property in the southwest quadrant of Old Crystal Bay Road and Highway 12 is actively being marketed to residential developers. Planning staff have met with several different developers w^o are interested in purchasing the land, and have questions regarding the type of residential development the City is looking for on that property. The property is guided for two to four units per acre. This could be single family housing on one-third acre to one-half acre lots. It could also be townhouse development at three to four units per acre. The Comprehensive Plan guides the property for a mix of single -family and townhouse units. Another option could be a denser development along the southern boundary of the property, adjacent to the fmway, and less dense development on the remainder of the site. The denser portion of the development could be priced at a level that makes it more accessible to the workforce that serves Orono, such as teachers, police officers, firefighters, etc. It is very important that we get a quality developer who will provide the type and quality of development we wimt. j m- -ii TO: FROM: DATE: Mayor Peterson and Council Members Ron Mocrse, City Administrator March 2.2004 lif \ SUBJECT: Paddock Subdivision EAW Update The Paddock subivision began as a six lot subdivision on the lakeshore at the west end of Fox Street. The neighbors were opposed, and petitioned for an environmental impact analysis. This required the City to prepare an Environmental Assessment Worksheet. The subdivision has now been revised to include only three lots. This may make an EAW unnecessary. Staff will provide an update at the worksession. I M • i li •f, r TOs Mayor Peterson and Council Members FROM: Ron Moorse, City Administrator DATE: March 2,2004 SUBJECT : Bederwood Park Expanded Baseball Usage Request The Orono Baseball Association has approached the Park Commission regarding expanding the number of evenings the Bederwood Park ballfield can be used for youth baseball games. Tliis has been a controversial issue in the past. Staff would like to get direction horn the Council regarding the Council's general view of the request, and regarding the process the council wants to use in responding to the request, i.e. involvement of the Bederwood Park neighborhood residents.