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HomeMy WebLinkAbout2017-11-13 City Council Workshiop Packet PLEASENOTESTARTTIME PLEASENOTESTARTTIME AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00P.M. Monday,November 13, 2017 City Hall, Council Chambers A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Presentation on Cable Franchise Renewal Process 2.PoliceDepartment Update 3.Discuss strategies for labor negotiations, including negotiation strategies regarding the Law Enforcement Labor Services (LELS), Local 153, Police Officers, Collective Bargaining Agreement a.Intent to Close Meeting as Allowed by Minnesota State Statute 13D.03(b) F.ADJOURNMENT RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens -unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. THIS PAGE IS INTENTIONALLY LEFT BLANK E1 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Mychal Fowlds, IT Director DATE:November 6, 2017 SUBJECT:Presentation on Cable Franchise Renewal Process Introduction Comcast has notified the City of Maplewood that it wishes to renew its franchise. The City has hired Bob Vose from Kennedy & Graven to help assist with the renewal proceedings. Mr. Vose will provide an overview of the renewal process, where the City is at in that renewal process and what Councilcan expect in the coming months. Background Maplewood issued a cable franchise to Comcast in November of 1999. This franchise was for a 15 year period. In 2014, with the franchise renewal date coming due, an extension was granted through July 31, 2018. With the new renewal date coming, and Comcast wishing to renew its franchise, the City has begun its required work to do so. As the City is no longer a member of a Cable Commission, it is the City’s responsibility to negotiate the terms of the new franchise agreement itself. To assist the City in this process, Mr. Bob Vose from the firm Kennedy & Graven has been hired. Mr. Vose has extensive experience with the cable franchise renewal process and will present the contents of his attached memo to Councilwhich will help outline what the Council can expect throughout the process. As stated in his memo, there are threeareas that staff and Mr. Vose would like input on which will help decide how we move forward inpreparing for the negotiations. 1.Informal or formal negotiations – As stated in the memo from Mr. Vose, the City is allowed to proceed with informal or formal negotiations. Which process would the City Council preferto move forward with? 2.How to identifyfuture needs and review past performance – Would the City Council prefer to complete this work in house initially and seek a consultant if need be during the negotiations or move right to working with a consultant? 3.Authorization to begin negotiations – Does the City Council direct staff to begin negotiations once the needs assessment is complete or would the City Council like to review the needs assessment report prior to negotiations beginning? Workshop Packet Page Number 1 of 22 E1 Budget Impact The renewal of the cable franchise with Comcast includes the negotiations of franchise and PEG fees which ultimately will have impact on the City’s budget. However, at this point, there is no budget impact associated with this presentation. Recommendation It is recommended that directionbe given on the three items listed above to ensure staff is continuing as the City Council wishes. Attachments 1.Maplewood Renewal Overview provided by Kennedy & Graven Workshop Packet Page Number 2 of 22 E1, Attachment 1 470 US Bank Plaza 200 South Sixth Street Kennedy Minneapolis MN 55402 & Robert J.V. Vose (612)337-9275 telephone (612)337-9310 fax Graven rvose@kennedy-graven.com C H A R T E R E D M E M O R A N D U M DATE: October 30, 2017 TO: City of Maplewood FROM: Bob Vose RE: Franchise Renewal The purpose of this memo is to give a high level overview of the cable franchise renewal process. Overview Comcast has notified the City that it wishes to renew its franchise. The federal Cable Act governs renewal of cable franchises. The Cable Act givescable operators protections against unreasonable denial of a requested franchise renewal.To preserve these rights, a cable operator must request renewal in writing during the period from 36-30 months prior to expirationof the franchise. Under the Cable Act,after receiving notice of a renewal request the franchising authority is to: a) identify future cable-related community needs and interests, andb)review the operator’s past performance and franchise compliance. There is no time limit for completion, but the process must be initiated within six (6)months of the renewal request. The Cable Act does not indicate how a franchising authority is to identify future needs or review past performance. Public hearings, financial or technical audits, or citizen surveys are often conducted, and consultants are often retained. In some cases, the consultant costs can be significant. Fortunately, the Cable Act also allows parties toagree to proceed via “informal negotiations.”Most renewals are completed informally. However, even if a renewal will be completed viainformal negotiations, it is important that the franchising authority complete aneeds assessment and performance review since this information is necessary to know what to seek in negotiations. If the informal processdoes not result in agreement orisotherwiseunsuccessful, the parties may return to the formal process. In suchprocess, after theneedsassessment is completed the franchising authority may establish a deadline for submission of a formal proposaltoprovideservices, facilities and equipment to meet identified needs. Upon submission, the franchising authority must provide prompt public notice of the proposal and must renew or preliminarily deny within four (4) months of receipt. If the proposal is preliminarily denied, the operator can request administrative proceedings,or the franchising authority may initiate them, to consider: 1) whether the operator has substantially complied with the material terms of the franchise and law; 2) whether the quality of service, response to consumer complaints, and billing practices have been reasonable in light of community needs; 3) whether the cable operator has the financial, legal and technical ability to provide what hasbeen proposed, and; 4) whether 510211v2 RJV MA151-4 1 Workshop Packet Page Number 3 of 22 E1, Attachment 1 the proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost thereof. The operator must be given notice and opportunity forparticipation, including the right to introduce evidence, require production of evidence and question witnesses. A transcriptmust be made. Upon completion, the administrative hearing officer will produce recommended findings. The franchising authority then must renew or issue a written decision stating the reasons for denial. Process Going Forward I am aware that City staff has begun work on aneeds assessment. As we have discussed, the issues evaluated in a cable franchise needs assessment typically include: 1.System and Services Offered. 2.Public, Educational, Governmental (PEG) Programming. Including the number and location of channels, possible support for PEG over and above franchise fees (limited to capital), and other programming arrangements. 3.Live Origination Sites. 4.Free Services. 5.Franchise Fee.The Cable Act caps franchise fees at 5% of the cable operator’s revenues annually derived from operation of the system to provide cable service. Telephone and internet revenues are generally exempt. With services “bundled” in discounted packages, franchising authorities want to ensure the discount is not over-allocated to cable revenues thus reducing franchise fees. 6.Service Area/System Expansion Obligations. 7.Franchise Term. 8.Customer Service. 9.Rights-of-Way, Undergrounding, Etc. As the needs assessment is being developed, it may be appropriate to ask that the City Council: a) authorize the use ofthe informal process; b) provide input on how the needs assessment and past- performance review is conducted including whether to retain any consultants, and; c) direct staff to begin negotiations once the needs assessment is complete. Please contact me with questions. 510211v2 RJV MA151-4 2 Workshop Packet Page Number 4 of 22 MEMORANDUM TO: Melinda Coleman, City Manger FROM:Scott Nadeau, Police Chief/Public Safety Director DATE:November 1, 2017 SUBJECT: Police Department Update Introduction With a new Chief of Police in place, the Police Department has begun actively working towards effecting positive changes for the department. One of these changes included a reorganization of department staff and resources. Background In August 2017, the Maplewood Police Department swore-in Scott Nadeau as its Chief of Police/Public Safety Director. Since that time, the department has begun work on several initiatives which include strategic planning and more responsive departmental training. As a result of the department’s changing focus, as well as the need to improve lines of reporting and accountability, the department’s administrative structure has changed. The police department update will include information on the department’s new administrative structure, progress in strategic planning for 2018, and tentative training topics for 2018. Budget Impact At this time, the reorganization of staff and resources does not have a budget impact. Recommendation None. Attachments 1. PowerPoint Workshop Packet Page Number 5 of 22 www.maplewoodmn.gov Maplewood Police Department Workshop Packet Page Number 6 of 22 ǒ ğ Ļ ķ ğ b Ʒ Ʒ ƚ ĭ { Ʃ ƚ Ʒ ĭ Ļ Ʃ ź 5 Maplewood Police Update Workshop Packet Page Number 7 of 22 Administrative RealignmentStrategic PlanningPolice Training Workshop Packet Page Number 8 of 22 Community PolicingProblem SolvingTraining and WellnessEmployee RecruitmentPolicy DevelopmentData Driven Police MethodologiesOrganizational performance and accountability Simplify Lines of ReportingAlignment of oversight for strategic priorities -- Why Did We Realign Police Administration? Align Police Administration to: Workshop Packet Page Number 9 of 22 Workshop Packet Page Number 10 of 22 Administration Public Safety Director/Police Chief2 Commanders1 Lieutenant Workshop Packet Page Number 11 of 22 Patrol Division 1 Commander 8 Patrol Sergeants 30 Patrol Officers 2 Retail Crime Officers 1 Traffic Officer Workshop Packet Page Number 12 of 22 Investigations/Professional Standards 1 Commander 4 Detectives 1 School Resource Officer 1 Violent Crime Enforcement Team (VCET) Workshop Packet Page Number 13 of 22 Services Community Oriented Policing/Support 1 Lieutenant 3 Records Technicians1 Property/Evidence Technician1 Analyst/Assistant6 Community Service Officers Workshop Packet Page Number 14 of 22 Workshop Packet Page Number 15 of 22 allocation Resource Future years will incorporate community stakeholders Strategic making Strategic plan st Considerations for the Maplewood Police Alignment with PlanMore thoughtful training and wellnessInclusive decision Process includes 4 meetings and will conclude in early December Workshop Packet Page Number 16 of 22 Strategic Plan Priorities for 2018 Problem Oriented Policing (problem solving, targeting crime and disorder)Community Oriented Policing (Citizens, businesses, youth, etc.)Effective Communications (internally and externally) Accountability for employees and agency Training and EquipmentOfficer Wellness Workshop Packet Page Number 17 of 22 century st section of police - Police Training for 2018 and Beyond A committee of employees representing a crossstaff is currently evaluating training and making recommendationsCORE Training concept to ensure staff have the tools they need to be successfulHave training that not only teaches tactics but also involves critical thinkingEngage in training that reflects best practices and 21policing issues Workshop Packet Page Number 18 of 22 staff go through 40 hour CIT class in the next 3 years - POST Mandates (Shooting, Defensive Tactics, etc.)Have all swornPIT training (recommendation from the Use of Force Task Force)Emergency Medical Training (collaborate with Maplewood Fire/EMS) Workshop Packet Page Number 19 of 22 Take Community Engagement to the next levelShift to a more proactive (less reactive) focusCops as Problem SolversIncrease use of statistics and observations to be more responsive to crime trends and patternsIncrease the level of staff participation in decision making processesAssess staffing and resource development (grants, shift structure, etc.). Workshop Packet Page Number 20 of 22 Questions? Workshop Packet Page Number 21 of 22 E3 MEMORANDUM TO:City Council FROM: Melinda Coleman, City Manager Mike Funk, Assistant City Manager/HR Director DATE: November 13, 2017 SUBJECT: Discuss Strategies for Labor Negotiations, Including Negotiation Strategies Regarding the Law Enforcement Labor Services (LELS), Local 153, Police Officers, Collective Bargaining Agreement. a.Intent to Close Meeting as Allowed by Minnesota State Statute 13D.03(b) Introduction The purpose of this discussion is to consider strategies and review offer(s) received from Law Enforcement Labor Services (LELS), Local 153, Police Officers; and to develop a negotiation/counter-offer position. Background Law Enforcement Labor Services (LELS), Local 153, Police Officers and the City of Maplewood have not reached tentative agreement for a new collective bargaining agreement. The Union recently filed for mediation. While a mediated agreement was reached, which is non-binding, the union membership voted down the proposal. Since, the Union has filed for arbitration. The City and Union have selected an arbitrator and are currently looking to schedule the arbitration hearing. This is likely to occur in January of 2018. In the meantime, the Union has reached out to the City and has made an offer for the City’s consideration. The City Council will be presented with this information during the closed session. There are seven exceptions to the open meeting law that authorize the closure of meetings to the public. Minnesota Statutes Section 13D.03 allows the meeting to be closed to consider strategies for labor negotiations, including negotiation strategies or development or discussion of labor-negotiation proposals. Recommendation Before the meeting is closed, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Therefore, it is recommended the City Council introduce the following motion: Pursuant to Minnesota Statutes Section 13D.03,Subd. (b), I hereby move to close the regular meeting and go into closed session to discuss strategies and review offer(s) received from Law Enforcement Labor Services (LELS), Local 153, Police Officers; and to provide direction to staff on a negotiation position. Attachments 1.No attachments, however information will be provided at the closed session. Workshop Packet Page Number 22 of 22