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Home My WebLink About6.a. Minutes of the October 6, 2009 Regular Council Proceedings ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 6, 2009 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, October 6, 2009 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Bills, DeBettignies, Shoe Corrigan and Weisensel attending. Staff members present included City Administrator Johnson, Community Development Director Lindquist, Director of Public Works /City Engineer Brotzler, Assistant City Administrator Foster, Director of Parks and Recreation Schultz, Chief of Police Kalstabakken, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were no changes to the Agenda. Motion by Droste. Second by DeBettignies. Motion to Adopt the Agenda as it stands. Ayes: 5 Nays: 0. Motion carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGEMENTS 3.a. A proclamation declaring October as "International Walk to School Month" and October 8 as "International Walk to School Day" in Rosemount Planner Lindahl provided more information about the initiative along with the event taking place on October 8, 2009. Rosemount Elementary School Principal Idstrom also provided more information about the program at the school. Motion by Shoe Corrigan. Second by Bills. Motion to approve a proclamation declaring October as "International Walk to School Month" and October 8 as "International Walk to School Day" in Rosemount. Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. CONSENT AGENDA Council Member Shoe Corrigan pulled items 6.h .Receive Bids and Award Contract Charlies Park Tennis Court Construction and 6.n. Request by CF Industries for a Waiver from the Building Standards for a 6,600 square foot Metal Storage Building. Council Member Bills pulled item 6.k. Receive Quotes /Award Contract -Quiet Zone on Biscayne Avenue, City Project #418. Mayor Droste pulled item 6.g. D.A.R.E. and School Liaison Services Agreement. Motion by Bills. Second by Shoe Corrigan. Motion to approve consent agenda minus items g., h., k., and n. a. Minutes of the September 9, 2009 Work Session Proceedings ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 6, 2009 b. Minutes of the September 15, 2009 Regular City Council Proceedings c. Bills Listing d. Resolution directing a three -year distribution of DCC undesignated fund balance (Resolution 2009 -53) e. Changes to the 2009 City Council Meeting Schedule f. Budget Amendments (Resolution 2009 -54) g. D.A.R.E. and School Liaiaon Scrviccs A. ccmcnt i. Brockway Park Authorize Encroachment Agreement with Koch Pipeline Company LP j. Expenditure Approval from the Donation Account Parks Recreation Dept 1. Authorize Encroachment Agreement with Koch Pipeline Glendalough and Glendalough 2nd Additions, City Project #427 m. 2010 -2014 Dakota County C.I.P. (Resolution -55) o. Ice Rental Agreement with Independent School District #196 Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. 6.g. D.A.R.E. and School Liaison Services Agreement Mayor Droste provided information to the general public about the annual agreement between ISD #196 and the City of Rosemount Police Department. Motion by Droste. Second by Weisensel. Motion to approve the D.A.R.E. Police Liaison Services Agreement between the City of Rosemount and School District #196 for the 2009 -2010 school year. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 6.h. Receive Bids and Award Contract Charlies Park Tennis Court Construction Council Member Shoe Corrigan pulled the item for public information. Construction of two new tennis courts at Charlies Park will be completed by mid November 2009. Motion by Shoe Corrigan. Second by DeBettignies. Motion to receive bids and authorize the Mayor and City Clerk to enter into a contract with Northwest Asphalt, the low bidder, to construct two new tennis courts at Charlies Park. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 6, 2009 6.k. Receive Quotes /Award Contract -Quiet Zone on Biscayne Avenue, City Project #418 Council Member Bills requested that staff provide an update on the project. Director of Public Works /City Engineer Brotzler provided an update along with timeline moving forward on the improvements. Motion by Bills. Second by Shoe Corrigan. Motion to Adopt a Resolution Receiving Quotes and Awarding the Contract for the Quiet Zone on Biscayne Avenue, City Project #418. Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel Nays: None. Motion carried. (Resolution 2009 -56) 6.n. Request by CF Industries for a Waiver from the Building Standards for a 6,600 square foot Metal Storage Building Council Member Shoe Corrigan questioned the types of building materials that will be used for the project. Senior Planner Zweber explained that the material proposed was standard corrugated siding. He added that staff supported issuing a waiver because the proposed building was far from the public right -of -way, is screened from view, and is made of similar material as an existing and neighboring building. Motion by Shoe Corrigan. Second by Weisensel. Motion to allow CF Industries a waiver from the Building Standards for a 6,600 square foot metal vehicle and equipment storage building. Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. OLD BUSINESS 8.a. Extension of the Revocation Date of the Cable Franchise issued to FTTH Communications, LLC Community Development Director Lindquist summarized the information provided within the staff report. Ms. Lindquist stated the more information on the potential purchase will be forthcoming. Staff expects that more information will be provided by the potential purchaser at the October 14, 2009 work session. Mayor Droste questioned when staff met with the new representatives if other prospective buyers were mentioned. He wondered if there were any other viable offers. City Attorney Vose stated that based upon the conversation he had with FTTH it did not appear to be the same type of corporate negotiations taking place. He had not been told of any other potential purchasers at this stage. Council Member Bills questioned that if the revocation occurs would there be more potential offers. Mr. Vose replied that staff's view was that revoking the franchise certainly materially changes the position of FTTH. It would change the value of the entity and the asset in Rosemount. He noted that the amount of the value changes would be decided by the market. Council Member Bills ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 6, 2009 questioned if FTTH was invited to the meeting. City Administrator Johnson stated that staff did not request that FTTH attend the meeting but that FTTH was made aware of the agenda item. Council Member Shoe Corrigan questioned what would happen if a deal happened and revocation occurred. Mr. Vose explained how the transaction would occur and the franchise transfer. He noted that the City only had the authority over video services in Rosemount. Discussion was held about the potential buyers, franchise transfer and proposed legislation. Motion by Droste. Second by Weisensel. Motion to Approve a Resolution Extending the Date of Franchise Revocation for FTTH Communications, LLC. Council Member Bills stated that FTTH should have been at the meeting. He felt as though he was being strung along and did not want to reward the behavior of FTTH. Council Member DeBettignies stated he was not prepared to extend the revocation date. Mayor Droste stated that the minute the franchise expires the system will be devalued. He stated it would be short -sided of the City Council to end the service since the residents are fine with the current service. Ms. Lindquist pointed out the City Council meeting calendar. She noted there were limited meeting opportunities to extend the revocation before it took effect. Council Member Weisensel supported extending the revocation date another 30 days. He was pleased to hear the residents had no concerns with their current service. Council Member Shoe Corrigan shared her concerns about the timeline when there was no market for the fiber. She noted that FTTH would be allowed to continue their service unless the City made them stop. She added that there were too many unknowns so she would not support the extension. Council Member DeBettignies questioned the status of the penalty fees. Mr. Johnson stated that the City did not forgive or impose the penalty fees. Mayor Droste stated he wanted to hear from the potential buyer. Further discussion was held about extending the revocation date. Motion to Approve a Resolution Extending the Date of Franchise Revocation for FTTH Communications, LLC. Ayes: Droste, Weisensel Nays: Shoe Corrigan, Bills, DeBettignies. Motion denied. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 6, 2009 Mayor Droste questioned the process for moving forward. Mr. Johnsons stated that FTTH would lose their legal right to offer service on October 19. The City will explore notifying residents about the termination of their video service. ANNOUNCEMENTS Mayor Droste reviewed the schedule of upcoming meetings. The next City Council meeting will be held on Tuesday, October 20, 2009. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Weisensel. The meeting was adjourned at 8:44 p.m. Respectfully Submitted, Amy Domeier, City Clerk