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HomeMy WebLinkAbout12.15.14 Council Minutes COUNCIL MINUTES REGULAR December 15, 2014 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bonar, Fogarty Members Absent: Bartholomay,Donnelly Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Robin Hanson,Finance Director;Adam Kienberger, Community Development Director;Randy Distad, Parks and Recreation Director;Kevin Schorzman, City Engineer;Brenda Wendlandt, Human Resources Director;Tony Wippler,Planning Manager; Cynthia Muller,Executive Assistant Audience: Tim Pitcher 4. APPROVE AGENDA Councilmember Bonar asked to pull item 7j)Heritage Preservation Commission Consultant Contract for separate vote. MOTION by Fogarty, second by Bonar to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Recognition of Service for Councilmember Christy Jo Fogarty Councilmember Fogarty was elected to serve on the Council in 2002. She has worked with three mayors,ten councilmembers and four city administrators. Mayor Larson presented her with a plaque in recognition of her service. b) Report on 2014 Heritage Preservation Commission Work—Robert Vogel Mr.Vogel,Heritage Preservation Consultant, gave an update on the work performed by the Heritage Preservation Commission this year. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Bonar to approve the Consent Agenda as follows: a) Approved Council Minutes(12/1/2014 Regular) b) Approved Special Operations Team/Out of State Training—Police Department c) Adopted RESOLUTION R67-14 Accepting Donation Farmington Fire Relief Association-Finance Council Minutes(Regular) December 15,2014 Page 2 d) Approved Closing Deposit Account-Finance e) Approved Seasonal Hiring—Human Resources 1) Approved 2014 Tree City USA Recertification-Engineering g) Adopted RESOLUTION R68-14 Approving Waste Delivery Agreement with Resource Recovery Technologies, LLC—Municipal Services h) Set January 12, 2015, for Board and Commission Interviews-Administration i) Approved Temporary On-Sale Liquor Licenses VFW-Administration k) Approved Position Change Seasonal Employees—Human Resources 1) Approved Bills APIF,MOTION CARRIED. j) Approve Heritage Preservation Commission Consultant Contract— Community Development Councilmember Bonar noted this contract was part of the budget deliberations. He has a tremendous appreciation for homes with character. In the future he hoped we could aspire to this expertise and not necessarily hire it. Twenty years is an extended period of time for a consultant and he hoped we could internalize this skill set rather than purchase it. Councilmember Fogarty recalled it has been discussed that we would like to replace this institutional knowledge,but right now we are not there. MOTION by Fogarty, second by Larson to adopt RESOLUTION R69-14 approving the contract for Historic Preservation Consulting Services for 2015. Voting for: Larson,Fogarty. Voting against: Bonar. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Project Update—Henderson's Addition Rehabilitation Project-Engineering On May 5, 2014, Council authorized preparation of plans and specifications for this project. This area is north of highway 50 and east of highway 3. Core sampling has been done and the results showed the road is in fair to poor condition. The bottom lift of asphalt is at 86%density which is low. The base is a sandy, gravel mix. Staff recommended doing a full depth reconstruction. The existing road will be ground to be mixed with the sand and gravel for the base. A storm sewer will be extended from 10th Street to 9th Street to allow for a future connection to the Farmington Mall area. The curb and gutter will also be removed and replaced. Staff recommended using an incentive payment if more than the required standard densities are achieved. Councilmember Fogarty asked staff to contact the owner of the mall to determine if resurfacing of the mall parking lot could be done at the same time as this project. Councilmember Bonar was in favor of the incentive pay. Council Minutes(Regular) December 15,2014 Page 3 b) Adopt Resolution—Granting Charter a Franchise Extension—Human Resources Charter Cable has requested their franchise agreement be extended to December 31, 2015. The current franchise expired this past summer. Under the settlement agreement with Charter regarding underpayment of their franchise and PEG fees,the franchise was extended to December 31, 2014. Charter has requested an extension to December 31,2015,to accommodate negotiation of finalization of a renewed franchise. The cable commission provided a needs assessment report at the beginning of 2014 and a draft franchise document in February 2014, Charter has provided no response. Despite this,the commission recommends granting the extension for three reasons: 1. The commission cities are with limited exception seeking to continue most of the obligations under the current franchise. The commission anticipates Charter will seek to eliminate many of those obligations, so continuing the current arrangement does little or no damage to our bargaining position. 2. The franchise contains a number of protections for the city including insurance requirements,a bond, letter of credit, etc. The commission believes it is most responsible to ensure these protections remain in place and Charter will continue operations regardless of the extension or not. 3. It will allow the city more time to address the issues related to Charter's restructuring and those issues surrounding the digital conversion. It is anticipated all three commission cities will grant the extension. MOTION by Fogarty, second by Bonar to adopt RESOLUTION R70-14 granting Charter Cable Partners,LLC a franchise extension through December 31, 2015. APIF, MOTION CARRIED. c) Adopt Resolution—Consent to Change of Control of the Cable Franchise— Human Resources Comcast is merging with Time Warner. To get federal approval, Comcast is spinning off systems serving 2.5 million subscribers to a company to be named Greatland. Charter will own one third of Greatland and will be largely responsible for the operation of Greatland's systems. Charter is also acquiring 1.5 million subscribers directly from the merged Comcast/Time Warner entity. This will make Charter the second largest cable company in the U.S. These transactions will cost Charter$8 billion. Charter must re-organize their parent company to raise the money and accomplish the transactions. The city has 120 days to review their request to consent which ends on December 27,2014. The cable commission has raised numerous questions, but received very few answers. The commission is concerned about Charter's financial and operational ability to acquire lots of new subscribers while still performing under the local franchise. Charter has not explained how it will change its local operations to accommodate this dramatic growth in Minnesota. The most significant concerns are: Council Minutes(Regular) December 15,2014 Page 4 1. Charter refused to provide most of the information requested about the restructuring and about their relationship to the former Comcast,now Greatland systems in the metro area. 2. Charter was bankrupted in 2009,remains heavily leveraged and will be more leveraged as a result of these transactions. Despite these concerns,the commission is recommending granting consent to the reorganization with the conditions listed: 1. The commission receives updated copies of all security instruments, bonds, insurance and letters of credit that Charter is required to have. 2. The commission is provided receipt of certification from the new parent company that it will use its best effort to ensure our local franchise and applicable law is fully complied with and any changes necessary to comply will be made. 3. City fees will be reimbursed by Charter. 4. The commission does not waive and reserve all rights regarding past violations or non-compliances with the franchise. The commission anticipates recommending at the next Council meeting,that the city issue violation notices if something is not worked out regarding digital boxes newly required for institutional buildings by December 18,2014. Councilmember Fogarty asked about the downside of not voting on this. Staff noted the conditions in the resolution have more weight. MOTION by Fogarty, second by Bonar to adopt RESOLUTION R71-14 granting the conditional consent to the change of control of the cable television franchise. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) South Central Minnesota Inter-City Regional Passenger Rail Initiative This is an effort to support a MnDOT study in the State Rail Plan for South Center Inter-City Passenger Rail. They are trying to restore passenger rail service from south central Minnesota to the twin cities on existing rail lines. The extension would go up to Northfield and up to the twin cities on one of two existing rail lines,one of which goes through Farmington. Council was requested to approve sending a letter of support to move this from a tier two to a tier one study program,which would move up the timeframe. MOTION by Fogarty, second by Bonar to approve sending a letter of support. APIF,MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council Minutes(Regular) December 15,2014 Page 5 Councilmember Fogarty: Toys for Town is this Saturday. Councilmember Bonar: It was a pleasure to serve with Councilmember Fogarty. City Administrator McKnight: Councilmember Bartholomay had sent a note thanking Councilmember Fogarty for her years of service. She had the best interest of the residents in mind. City Administrator McKnight thanked Councilmember Fogarty on behalf of staff. Her guidance and direction has been very helpful and they appreciate her service. Community Development Director Kienberger: The EDA will not be meeting in December. The next meeting will be January 26,2015. Mayor Larson: Toys for Town is this Saturday. Drop off locations are available through Monday. Residents should check the city calendar for holiday garbage changes. Applications are being accepted for boards and commissions until January 2,2015. The liquor stores will have a tasting on December 19, 2014. He thanked Councilmember Fogarty for her 12 years of service. Her knowledge will be missed. He encouraged residents to shop local;money spent here stays here. 14. ADJOURN MOTION by Fogarty, second by Bonar to adjourn at 7:42 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant