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HomeMy WebLinkAbout07.18.88 Council Packet AGENDA COUNCIL MEETING REGULAR JULY 18, 1988 1. CALL TO ORDER a. Oath of Office - Phyllis Kelly b. Appoint New Councilmember c. Appoint Acting Mayor 2. APPROVE AGENDA 3. APPROVE MINUTES a. June 14, 1988 b. July 5, 1988 c. July 13, 1988 4. CITIZENS COMMENTS a. Presentation of Plaque - Patrick Akin b. Purchase/Dedication - Park Tree 5. PUBLIC HEARINGS a. Set Hearing to Consider Excavation Permit - Dakota County 6. PETITIONS, REQUESTS AND COMMUNICATIONS 7. ORDINANCES AND RESOLUTIONS a. Amending Cable TV Franchise Ordinance b. Ordinance Relating to Dangerous Dogs c. Amending Resolution No. R1-88 Relating to City Permits and License Fees - Water Charges 8. UNFINISHED BUSINESS a. 4th Street Sanitary Sewer Agreement b. Local 320 Labor Agreement 9. NEW BUSINESS 10. MISCELLANEOUS 11. CONSENT AGENDA a. Capital Outlay Request - Parks b. Temporary 3.2 On-Sale License - St. Michael's c. Capital Outlay Request - Fire d. Approve Payment of the Bills 12. ADJOURN 13. ADD ON a. Whispering River - Completion of Project b. Deny Request to Sponsor School Avoidance/Delinquenty Program c. Transient Merchant Request MEMO TO: MAYOR AND COUNCIL SUBJECT: AGENDA ITEMS - JULY 18, 1988 DATE: JULY 15, 1988 la. Mayor Kelly has already taken the Oath of Office so this matter can be removed. lb & c. Donovan Mayer's mother has passed away, and he will be unable to attend the meeting. Therefore, I would recommend that items lb and lc be removed, and a special meeting be set to consider these items. 4a. Mayor Kelly will present a plaque to former Mayor Akin. b. Request enclosed. 5a. Application/Hearing Notice/Memo enclosed. 7a. Memo enclosed. b. Councilmember Mayer requested this matter be placed on the agenda. c. Resolution/Memo enclosed. 8a. Memo enclosed. b. Memo enclosed. Ila. This item can be removed from the agenda. b. Request enclosed. c. Request enclosed. d. Copy enclosed. 13a. Memo enclosed. b. Memo enclosed. c. Application enclosed. Larry Thompson City Administrator 1 . AGENDA REQUEST FORM 1)ITEM NO. Q NAME: Larry Thompson DEPARTMENT: Administration 51r24."1-404- DATE: June 30, 1988 414 MEETING DATE: July 18, 1988 u `a"t CATEGORY: 6'97Cf-- Ordinances and Resolutions SUBJECT: Amending Cable TV Franchise Ordinance EXPLANATION: A mistake was made when the franchise ordinance was adopted in 1982 regarding the term of the agreement and should be corrected. REFERENCE MATERIALS/RESPONSIBILITY: Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: SIGNATU'' / LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B.GRANNIS 403 NORWEST BANK BUILDING DAVID L. HARMEYER ELuorrB. KNETSCH VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE MICHAE PATRICK A. FARRELL MICHAEL J. MAYER DAVID L. GRANNIS,III SOUTH ST. PAUL, MINNESOTA 55075 TIMOTHY J. BERG ROGER N. KNUTSON TELEPHONE(612)455-1661 8 June 24 , 1988 Mr. Larry Thompson City Administrator City of Farmington 325 Oak Street Farmington, Minnesota 55024 Re : Cable TV Franchise Dear Larry: In your Memo to me dated June 6 , 1988 , you indicated to me that the Council adopted a Resolution amending the Franchise Ordinance to extend for a period of fifteen ( 15) years from 1982 . However, the Ordinance that was published stated that the franchise terminated in 1992. This problem cannot be corrected adminis- tratively and it requires an amendment to the existing Ordinance by the Council . It is not necessary that there be a hearing on the amendment to the Ordinance. Very truly yours , GRANNIS, GRANNIS , FARRELL & KNUTSON, P.A. David L. Grannis, III DLGIII/klt • MEMO TO: MAYOR AND COUNCIL SUBJECT: CABLE TV FRANCHISE - AMEND EXPIRATION DATE DATE: JULY 14, 1988 Attached please find various correspondence relating to the term of the Cable TV Franchise Ordinance. This matter was brought to my attention during the transfer of the Cable TV Franchise. Apparently, it was the intent of the Council to extend the term of the franchise until 1997, but the Ordinance was published and codified as 1992. The City Attorney has indicated that it would take Council action to correct the mistake. I would therefore recommend the Council adopt an ordinance changing the expiration date until December 6, 1997. Lam Thompron City Administrator cc: Dave Grannis Karen Finstuen file MEMO TO: DAVE GRANNIS SUBJECT: CABLE TV FRANCHISE- CLARIFICATION DATE: JUNE 6, 1988 Attached please find various information relating to the adoption of the revised Cable TV Franchise ordinance on December 6, 1982. As you will note, the term of the franchise was set at 15 years from 1982, but the ordinance stated the term date of the franchise to be 1992. It is obvious the intent of the Council was to set the term date at 1997 yet this is not reflected in the Code Book. Can the ordinance be changed administratively or does it require Council action? , Larry Thompson City Administrator cc: Karen Finstuen Mayor and Council file • MINUTES COUNCIL MEETING REGULAR DECEMBER 6, 1982 • 1 . The Mayor called the meeting to order at 7:00 P.M. Present: Mayor Stegmaier, Councilmembers Cook, Kelly, Kuchera, Orr Absent: None '" Also Present: Administrator Ford, Attorney Gorgos 2. Motion by Kelly, second by Orr to approve the minutes of November 3, - 1982 as presented. APIF, motion carried. 3. Motion by Cook, second by Kelly to approve the minutes of November '15, 1982 as presented. APIF, motion carried. 4. Motion by Orr, second by Cook to approve the minutes of November 22, • 1982 as presented. APIF, motion carried. 5. The Mayor opened the public hearing at 7:00 P.M. .to consider the report of the Farmington CATV Advisory Commission and to consider the adoption of a revised CATV .t.ran—ciiii-e7:57-airiinCe7 Mr. Frank Woytek, general manager, Metro Cable Incorporated, was in the audience and answered questions from persons in the audience and members of the Council . The Mayor read into the record a memo addressed to the Mayor and Council signed by Robert C. Steele, chairman of CATV Advisory Commission, dated December 3 , 1982;1 which constituted the report of the Advisory Commission. The report stated that the Commission recommended renewal of the cable TV franchise to Metro Cable Incorporated for a period of 15 years. The Council amended the proposed franchise ordinance in the following particulars : a) Section 8-8-6 - The term of . - ran • ise shall be changed from five (5) years to fifteen (15) years b) Section 8-8-11 (B-1 ) Delete the words "no rates shall be increased for a minimum of thirty (30) months from the effective date of this franchise." c) Section 8-8-14 - Amend the language "The franchisee shall furnish a performance bond , certificate of deposit or any other type of instrument approved by the franchising authority in the amount of $300,000" to "The Authority may require a performance bond, certificate of deposit or any other type of instrument approved by the franchising authority in the amount of $20,000". d) Add Section 8-8-37. The public hearing was then closed. 6. Motion by Kuchera, second by Cook to adopt Ordinance No. 082-137, An Ordinance renewing a Cable Communications Franchise in Farmington and Rules Governing the Operation of Same. APIF, motion carried. It was the consensus of the Council that no performance bond be required at this time. " '(B) "Franchisor" is the City of Farmington. (C) "Franchisee" is Metro Cable, Inc. • (D) "FCC" is the Federal Communications Commission of the United States. (E) "Class IV Channel " means a signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another pointin the cable communications system. - (F) "Non-voice return communications" means the provisions of appropriate system design techniques with the installation of cable and ampli- fiers suitable for the subsequent insertion of necessary non-voice communications electronic modules. (G) The word "shall" is mandatory. (H) The word "may" is permissive. • • (I) "City" is the City of Farmington, Minnesota, as its boundaries now exist and as they may hereafter be changed. • (J) "Council " is the City Council of the City of Farmington, Minnesota. (K) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (L) "Community Television System" includes, but is not limited to, Cable Television, CATV and Community Antenna Television and encompasses a system for the interception, sale and distribution of television signals and for the purpose of transmitting VHF and FM signals and television pictures and sound originating on the Company's premises , and including a system capable of delivering a broad spectrum of electronic services beyond the former traditional service. (CATV) . 8-8-2: GRANT OF AUTHORITY: The City Council of Farmington, ordains that a cable communications franchise for the installation, operation and maintenance of a cable communications system within the corporate limits of the City of Farmington, is granted to the franchisee, provided, however, that said franchise shall be subject to the following terms and performance conditions. 8-8-3 : COMPLIANCE WITH MINNESOTA CABLE COMMUNICATIONS BOARD'S FRANCHISE STANDARDS: The franchise shall at all times be in compliance with the rules of the Minnesota Cable Communications Board. 8-8-4: COMPLIANCE WITH STATE AND FEDERAL LAWS: The franchisee and the franchising authority shall conform to all state laws and rules regarding cable communications not later than one (1) year after they become effective unless otherwise stated and to all federal laws and regulations regarding cable as they become effective. 8-8-5: CERTIFICATE OF CONFIRMATION: The franchise shall cease to be of any force and effect if the franchisee fails to obtain either a regular certificate of confirmation or renewal of a certificate of confirmation from the Board, provided, however, that the franchisee may operate his j cable communications system while the Board is considering the application for the renewal of his certificate of confirmation. 8-8-6: FRANCHISE TERMS: The term date of this franchise ordinance is December 6, 1992; and any future renewal term, if after public procedure, and if granted by the franchise authority, shall be limited to not more than 8-8-1 8-8-7 L) the purpose of transmitting VHF and FM signals and television pictures and . sound originating on the company's premises, and including a system capable of delivering a broad spectrum of electronic services beyond the former traditional service (CATV). • 8-8-2: GRANT OF AUTHORITY: The City Council ordains that a cable communications franchise for the installation, operation and maintenance of a cable communications system within the corporate limits of the _ - City, is granted to the franchisee; provided, however, that said franchise shall be subject to the following terms and performance conditions. • 8-8-3: COMPLIANCE WITH MINNESOTA CABLE COMMUNICATIONS BOARD'S FRANCHISE STANDARDS: The franchise shall at all - . - times be in compliance with the rules of the Minnesota Cable Communications Board. 8-8-4: COMPLIANCE WITH STATE AND FEDERAL LAWS: The • - franchisee and the franchising authority shall conform to all State laws • and rules regarding cable communications not later than one year after they become effective,unless otherwise stated and to all Federal laws and regulations regarding cable as they become effective. 8-8-5: CERTIFICATE OF CONFIRMATION: The franchise shall cease to be • - • • of any force and effect if the franchisee fails to obtain either a regular certificate of confirmation or renewal of a certificate of confirmation from • • the Board; provided, however, that the franchisee may operate his cable communications system while the Board is considering the application for the • renewal of his certificate of confirmation. • 8-8-6: FRANCHISE TERMS: The term date of this franchise Chapter is December 6, •1992,1and any future renewal term, if after public procedure,and if granted by the franchise authority, shall be limited • - to not more than fifteen (15) years. • • 8-8-7: RENEGOTIATION OF FRANCHISE TERMS: Renegotiation between • the franchisor and franchisee shall occur one year before the end of the franchise term unless franchising authority determines not to reissue the franchise to the franchisee or desires to consider additional applicants for a franchise. 183 AGENDA REQUEST FORM ITEM NO. ib NAME: Larry Thompson DEPARTMENT: Administration DATE: July 11, 1988 MEETING DATE: July 18, 1988 CATEGORY: Ordinances and Resolutions SU3JECT: Ordinance Relating to Dangerous Dogs EXPLANATION: Per previous discussions by the Council REFERENCE 'MATERIALS/RESPONSIBILITY: General Information - Dan Siebenaler REFERRED TO: (NAME) DEPARTMENT: Dan Siebenaler Police Larry Thompson Administration Karen Finstuen Administration ‘4-12 V`79('' SIGNATUR 1111/ MEMO TO: MAYOR AND COUNCIL MA SUBJECT: PIT BULL ORDINANCE INFORMATION COPY ONLY DATE: JUNE 21, 1988 Attached please find general information relating to Pit Bull Terriers and dangerous dogs. If any Councilmember wishes to place this item on the agenda, please contact me or Karen Finstuen. 4 ,7% Vr Larg Thom son City Administrator cc: Dave Grannis Dan Siebenaler file Tr �' r L 0-C fA) 3 , L 6_,„.„Act, niligt-mk) AGENDA REQUEST FORM LE!) ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: July 14, 1988 MEETING DATE: July 18, 1988 CATEGORY: Add On SU3JECT: Deny Request to Sponsor School Avoidance/Delinquency Program EXPLANATION: Dakota CAC wishes to undertake a School Avoidance/Delinquency program through the school district, but the City must first deny sponsorship before the grant can be awarded. REFERENCE MATERIALS/RESPONSIBILITY: Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Dan Siebenaler Police SIGNATU. MEMO TO: MAYOR AND COUNCIL SUBJECT: SCHOOL AVOIDANCE AND DELINQUENCY PREVENTION PROGRAM DATE: JULY 12, 1988 I have been informed by the Community Action Council (CAC) that they wish to undertake a school avoidance and delinquency prevention program in Farmington. The CAC has received word from the State that it will receive a grant, but needs a sponsoring unit of government. The CAC's first choice was ISD 192, but the State indicated that it would like to have the City sponsor the program. The State now has clarified its position that, if the City denies sponsoring the program, the State will allow the School District to sponsor. The State indicated that it would require official action of the Council. Therefore, it is recommended that the Council officially deny sponsoring the program. Larry Thom � P on City Administrator cc: Dave Haden, CAC • STATE OF MINNESOTA JUVENILE JUSTICE GRANT PROGRAM ' DEPARTMENT OF JOBS AND TRAINING APPLICATION PAGE 2 16. PROJECT SUMMARY (See Instructions) Note: For a 2nd or 3rd year application, provide a summary of progress toward accomplishment of project goals. • PROJECT SLWARY Community Action Council, in cooperation with Independent School . District 192, local police departments, county corrections, county social , - services, and area churches has developed this grant proposal. ..During the grant period, services developed shall include: . outreach services to • truant high-risk youth, school support services, and community ... development. Grant goals will ultimately improve the health and lifestyles of youth, parents. and the comity through prevention and reduction of truancy and related delinquency behavior. • Tnclw e the use of school attendance (school avoidance behavior) as an indicator to monitor pre-delinquent behavior. The use of family interventions, positive youth development through leadership training and involvement of youth in ongoing support groups will provide year-round support to delinquency-prone youth. Serivces will also incliidP direct work with school staff in monitoring educational success and teaching children stude skills. • Work will include development of support services to parents, and referral of parents for additional family counseling and family advocacy. In addition, youth of this project will be inclwiPd in school-community leadership training programs to allow handling of more positive peers. Program acitvities will provide weekly recreational acitvities for youth at risk as pre-delinquent, school absented, or truant. In addition, youth advocacy services, referrals to helping professionals, and parenting skills classes will occur, with regular • follow-up on referrals. • 17. BUDGET SUMMARY ANO SOURCES OF PROJECT SUPPORT a. Personnel S20.486.0_0 JJOPA Funds Requested S 1'1 99n nn U. Fringe Benefits S 4,877.00 c. Travel S 720.00 Other Sources (List): d. Equipment S 0.00 o. Supplies s 150.00 1. Contracted Services .... S 0.00 g. Construction S Q"nn S h, Other Direct Costs S 4 481 00 I. Indirect Costs Sll.27"unn £ 1Tu1T:in*tz s 8.737.00 TOTAL PROJECT COST s41,987.00 S 41.987.00 AGENDA REQUEST FORM ITEM NO. 1;?& NAME: Larry Thompson DEPARTMENT: Administration DATE: July 11, 1988 MEETING DATE: July 18, 1988 CATEGORY: Ordinances and Resolutions SU3JECT: Amending Resolution No. R1-88 Relating to City Permit and License Fees - Water Charges EXPLANATION: Adopt Water Availability Charges and Area Wide Charges REFERENCE MATERIALS/RESPONSIBILITY: Resolution/Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Tom Kaldunski General Services Wayne Henneke Finance Karen Finstuen Administration SIGNATURM r MEMO TO: MAYOR AND COUNCIL SUBJECT: WATER RESERVE AND TRUNK CHARGE DATE: JULY 14, 1988 Last meeting, the City Council adopted the Water Supply and Distribution Report which, among other things, set forth various fees and charges. In order to officially adopt the fees and charges, and to ensure that they are annually reviewed, it is recommended that the attached resolution be adopted incorporating such charges into the City existing fee/charge schedule. Larry ompso City Administrator cc: Tom Kaldunski file PROPOSED RESOLUTION NO. R AMENDING RESOLUTION NO. R1-88 - 1988 FEES AND CHARGES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 18th day of July, 1988 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R1-88, various City license fees, service rates and charges were set for 1988; and WHEREAS, the City Council adopted the Farmington Water Supply and Distribution Plan, which sets forth various charges. NOW THEREFORE, BE IT RESOLVED that the following charges be added to the present City Charges: Water Charges (Effective September 1, 1988) Reserve Capacity Connection Charge $445.00 per connection Trunk Area Charges (Development) Area Area Charge (per acre) 1A $ 774 1B 1,108 1C 1,260 1D 1,127 lE 1,362 iF 1,274 2A1 860 2A2 1,350 2B1 1,208 2B2 1,424 2C1 1,286 2C2 1,445 2D1 1,431 2D2 1,481 Remaining undeveloped area 1,490 This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of July, 1988.