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HomeMy WebLinkAbout08.07.00 Council Minutes COUNCIL MINUTES REGULAR August 7, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7 :00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Attorney Jamnik, City Administrator Erar, City Management Team 4. APPRO YE AGENDA MOTION by Cordes, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Metropolitan Council Award - John Conzemius Council was presented an award for participating in the Livable Communities Act. 6. CITIZEN COMMENTS Mr. Leon Orr, 19161 Echo Lane, had some questions regarding the cable TV franchise agreement. He is in favor of broadcasting the meetings on TV and supports having a user fee that pays for the cost involved. There are two parts of the agreement he objects to. One is the user fee that is attached to the cable subscriber's bill, which is 5% of Charter Communications gross receipts. At the present rate that is $85,000 per year. The cost associated with broadcasting the programs is approximately $25,000 - $30,000 per year. His objection is having a user fee charged to cable subscribers which exceeds the expenses by ,approximately $50,000 which then becomes a tax. Most cable subscribers do not know they are being charged this by the City. The second objection is the way the agreement is worded. Farmington and it's partners receive 5% of gross receipts, which includes advertising revenue, lease channel fees, and direct TV sales. Part of the revenues are franchise fee receipts. Right now our residents in a quarter are paying Charter $20,000 plus in franchise fees. In the next quarter those $20,000 fees are added as a revenue so they are taxed on a tax. That is not right. He requested the cable agreement be put on a future agenda so there can be some discussion on the merits of it. Council Minutes (Regular) August 7, 2000 Page 2 Councilmember Strachan stated if Charter is getting into extra services, his understanding is there will be competitors to that service. He suggested staff research how does that play into this? Staff replied according to the agreement, any competitor would be on the same playing field. This is a requirement under federal law. Staffwill reply at a future Council Meeting and respond to Mr. Orr. a) Mr. Ellsworth Hoeppner - Noise Ordinance A response was sent to Mr. Hoeppner. 7. CONSENT AGENDA 7f) Consider Resolution - Appointing Election Judges - Primary Election Item 7fwas pulled so Councilmember Soderberg could abstain. MOTION by Strachan, second by Verch adopting RESOLUTION R58-00 appointing Election Judges - Primary Election. Voting for: Ristow, Cordes, Strachan, Verch. Abstain: Soderberg. MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (7/17/00) (Regular) b) Accepted 2nd Quarter Building Permit Report c) Acknowledged Resignation - Parks and Recreation Department d) Received Information Capital Outlay - Parks and Recreation Department e) Approved Chamber of Commerce - Fee Waiver Request g) Approved Fire Relief Association Pension Request for 2001 h) Received Information School and Conference - Administration Department i) Received Information School and Conference - Parks and Recreation Department j) Approved bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Autumn Glen 2nd Addition Final Plat Arcon Development has submitted the Final Plat for Autumn Glen 2nd Addition. The plat contains 51 single family lots on approximately 14.12 acres ofland east of the existing Autumn Glen 1 st Addition. The Planning Commission reviewed the Final Plat at their July 25, 2000 meeting in which they forwarded a recommendation to approve the final plat contingent that: a) The developer adjusts Lot 8, Block 3 of the 2nd Addition as to not encroach into the wetland boundary; b) The developer removes any easements that are no longer required as part of the original Preliminary Plat; c) Engineering approves the construction plans for the 2nd Addition and the developer enters into the Development Agreement; d) The developer include the area between Lot 8, Block 3 and Lot 1, Block 6 of Outlot A that will be dedicated to the City to be included in the planting plan. Council Minutes (Regular) August 7, 2000 Page 3 A bike trail will be extended from 193rd Street along the east side of Dun bury A venue to the north edge of the development. Another bike path will come from the Dunbury A venue path just north of Lot 1 Block 6 and continue through the future outlot area and City Park that will tie into the trail leading down to 19Sth Street. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. MOTION by Verch, second by Cordes adopting RESOLUTION R59-00 approving Autumn Glen 2nd Addition Final Plat. APIF, MOTION CARRIED. b) Request Approval for Public Display of Art Objects In an effort to introduce outdoor public art to the City of Farmington, the Dakota Valley Arts Council has chosen three pieces of art to be displayed in the Depot Park Way. Sherry Lamb of the DV AC described one art object which is a free- standing copper eliptical abstract. The second art object is two life size horses made from ironwork. Both of these will be leased from the artist for approximately one year. Mayor Ristow inquired as to insurance coverage for this artwork. Staff replied the City's property and liability insurance would cover the artwork. The City will require the art be covered by a separate certificate of insurance by the person it is leased from. Should the artwork be stolen, the additional insurance would then cover the cost of replacement. Councilmember Cordes asked if there is repeated vandalism can the City get out of the lease? Sherry Lamb replied the DV AC would have to consider putting that language in the lease. George Flynn of the DV AC then described two 7-foot adirondack chairs which will be owned by the DVAC. MOTION by Soderberg, second by Verch approving the eliptical abstract, life size horses, and two adirondack chairs to be displayed in the Depot Park Way. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Municipal Pool Rate Structure This will be addressed as part of the 2001 Fee Structure process. b) 3rd Street Overlay Project - Update This project is scheduled for 2001 in the City's CIP. Council Minutes (Regular) August 7, 2000 Page 4 Councilmember Cordes: hands. The VRWMO has disbanned. It is now in the County's Finance Director Roland: At the July 7, 2000 Council Meeting, it was brought to Council's attention regarding a discrepancy with the fire contract with surrounding townships. After further research it was discovered that in 1985 the townships were awarded by the Council a depreciation schedule on the buildings which corresponded with the way the City had been depreciating the buildings. Therefore no back billing to the townships was necessary and the 40 year depreciation schedule will continue. Police Chief Siebenaler: The Park and Recreation Commission authorized a second season for archery deer hunting. Applications will be accepted through August 25, 2000. They will be awarded by lottery at the first Park and Recreation meeting in September. Council adjourned into Executive Session at 7:40 p.m. 14. EXECUTIVE SESSION - Akin Road Turnback Agreement - Progress Land Litigation Respectfully submitted, ~/77~ Cynthia Muller Executive Assistant