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HomeMy WebLinkAbout6.a. Minutes of the July 1st Regular Meeting Proceedings ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2014 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday,July 1, 2014 at 7:00 p.m. in the Council Chambers at City Hall, 2875 145`h Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe-Corrigan, Weisensel and Demuth attending. Staff present included City Administrator Johnson, City Clerk Hadler, Director of Public Work/City Engineer Brotzler, Community Development Director Lindquist. The Pledge of Allegiance was led by two visiting Boy Scouts from Troop 235. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were no proposed changes. Motion by Droste. Second by Weisensel. Motion to Adopt the Agenda. Ayes: 5 Nays: 0. Motion carried. PUBLIC COMMENT Jeff Sotebeer, resident at 14176 Dearborn Path, near 140th and Blaine Avenue,is concerned about the condition of the road and considers it a hazard. Road is deteriorated. City Engineer Brotzler stated we are familiar with the road and staff is working to make the road a priority in future budgets. Road is listed as a "failed road". Mayor asked is this is due to the commercial traffic from Flint Hills. Brotzler stated it may be that in combination with the age of the road. CONSENT AGENDA Motion by DeBettignies. Second by Shoe-Corrigan. Motion to Approve the Consent Agenda. a. Temporary On-Sale Liquor License for Rosemount VFW b. Temporary On-Sale Liquor License for American Legion - Leprechaun Days Events c. Temporary On-Sale Liquor License for American Legion - Bike Show&Band Concert d. Budget Amendments e. Bills Listing f. Donation Account Received and Expenditure -Police Equipment Fund (Bicycle Rodeo) g. Donation Account Received and Expenditure - Police Equipment Fund (Youth Dance) h. Expenditure Approval from the Donation Account-Parks &Recreation Department i. Receive Plans & Specifications /Authorize Ad for Bid- City Hall Roof Replacement j. Approve Night Work for the Dakota County Mill and Overlay Project of County Road 42 k. Authorize Encroachment Agreement with Koch Pipeline- Bacardi Avenue Improvements, City Project 452 1. Authorize Encroachment Agreement with Koch Pipeline- 2014 Street Improvements Project, City Project 455 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2014 Ayes: DeBettignies, Shoe-Corrigan, Droste, Weisensel, Demuth Nays: None. Motion carried. NEW BUSINESS 9.a. Proposed FTTH Franchise Agreement City Administrator Johnson provided a summary of the staff report about the sale of FTTH to Velocity Telephone, Inc. Formal application has been reviewed by City attorney and financials have been reviewed by Ehlers. Bob Vose, City Attorney,presented overview of the process and the franchise. Cities need to check on legal qualifications, technical abilities and their financial ability to operate the system. City Attorney and Staff are comfortable with the items presented. Ehlers has stated the company has finances to support. Parent companies are already certified to provide telephone services in the State of Minnesota. City Attorney Vose recommends approving the agreement. Droste asked if there are approvals that need to be made by the FCC. Vose stated that the FCC will not evaluate,but will file the approval of the city. Johnson pointed out that the agreement is simply for cable services, not for telephone. City Attorney Vose stated that with the new resolution the City is not waiving any rights by approving this agreement. There were a number of changes regarding amendments that have been requested. Vose is comfortable with the presented list of shorter amendments to the franchise ordinance. Original franchise was granted in 2002 to FTTH. Legal mandate was changed in 2010 to allow telephone companies that provide cable only where they provide telephone. Some small changes made to the prior FTTH franchise in creating the Velocity agreement. Vose stated there were not many substantive changes other than the build-out requirement. Mayor Droste asked for clarification on the build-out requirement. Vose restated telephone company is only required to provide cable where it provides phone service. Motion to Approve a resolution approving transfer of Everest FTTH Acquisition,LLC and its cable Franchise and System to Velocity Telephone,DBA Gigabit Minnesota. Motion to Approve an ordinance repealing Ordinance No. XI.23 and as amended by Ordinance No XI.31 and granting a cable Franchise to Velocity Telephone, Inc,DBA Gigabit Minnesota, to construct, operate, and maintain a cable system in the City of Rosemount, setting forth conditions accompanying the grant of the cable Franchise;providing for regulation and use of the cable system and the public rights-of-way, and prescribing penalties for the violation of the provisions herein. Motion by DeBettignies. Second by Shoe-Corrigan. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2014 ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council meeting will be held on Tuesday,July 15th, 2014, at 7:00 p.m. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by DeBettignies, the meeting was adjourned at 7:25 p.m. Respectfully Submitted, Clarissa Hadler, City Clerk