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83-012 .,.;ffJ iIo~ v ~I' ill/ l' CDUNCIL MEMmR INl'lmtXE) 'mE FOLLCMING RESOLtJI'IOO AND MJVED ITS AOOPl'ICN RESOLtJI'IOO 00. J 2 ,- ~?- RESOLtJI'ICN AOOPrING A FINAL JOINT AND COOPERATIVE AGREEMENl' N3 AMENIED FOR '!HE lAKE ~ O\BLE aB1UNICATICNS ClMfiSSICN WHEREAS, the City of (hereinafter City) adq;>ted en , 1982, Resolution No. , a Resolutioo authorizing participation in the Lake Minnetonka Cable Cormunications Carmission, and WHEREAS, the Lake Minnetonka Cable Comnunications Conmission, duly formed };Ursuant to a Joint and C<::q>erative Agreement entered into by City, has requested certain amendments to the original Joint and C<::q>erative Agreement, and WHEREAS, City deems it prq>er and in the };Ublic interest to amend the Joint and C<::q>erative Agreement as r~nded by the Lake Minnetonka Cable Carmunications Camlission. e OCM, 'IHEREFORE, BE IT RESOLVED by the City Council as follows: 1. That the City adopt the Final Joint and Cooperative Agreement, as amended, regarding the Lake Minnetonka Cable Conmunications Carmission, attached hereto as Exhibit "A" and 00 file in the office of the City Clerk. 2. That the appropriate official execute the Joint and C<::q>erative Agreement, as amended, and file it with the City Administrator of the City of Tanka Bay. 3. That the City's two directors currently representing it on the Joint Camlission remain as originally appointed. 4. That the payment to the Lake Minnetonka Cable Comnunications Canmission not be altered fran that originally authorized by the Council. The notion for the adoption of the foregoing resolution was duly seconded by Counci1member and upon vote being taken e e e e thereat, the foJ.l.cJwing voted in favor thereof: and the following voted against the same: Whereupon said Resolutien was passed this _ day of , 1983. Signed: Attest: e FINAL JOIN!' AND ax>PERATIVE AGREEMEN1' rAKE ~ CABLE a:M<<JNICATIOOS CXMaSSlOO AS AMENIED The parties to this agreement are governnental units of the State of Minnesota. This agreement is nade plrsuant to Minn. Stat. 88238.08 and 471.59. I. PURPOOE The general purpose of this agreement is to establish an organizati<?1'l to study, prepare, adopt, grant, administer and enforce a single non-exclusive cable oc:mnunications franchise and establish rates thereunder, in rrember cities in the Lake Minnetonka Suburban cx::mnunities of Hennepin County, Minnesota. In order to carry out the p.trpose of this agreement, the parties shall appoint a canmission which shall be representative of all members. ~ II. NAf.E The organization created by this agreement shall be known as the "Lake Minnetonka Cable Ccmnunications Camnission" (hereinafter "Camnissionn). III. IEFINITlOOS For p.trposes of this agreement, the terms defined in this article shall have the rreanings given to them. Section 1. "Ccmnissionn rreans the organization created p.trsuant to this agreement. e e e e Sectioo 2. "Director" means the person appointed by a member City Council to be its representative 00 the Cannission. Sectioo 3. "Member" means a city which enters into this agreement and is, at the tine involved, a member in good standing. Sectioo 4. Other Definitions. Definitions of other words, terms, and Ptrases contained in the rules of the Minensota Cable Carmunications Board (hereafter "KX:':B") and the Federal Ccmnunications Cannission (hereafter "Fa::") are incorporated herein as though fully set forth. N. ~ Sectioo 1. The cities eligible to enter this agreement are the following Minnesota cities: Deephaven, Excelsior, Greenwood, Minnetonka Beach, Minnetrista, Orono, Shorewc:x:Xl, Spring Park, Tanka Bay, ~1and, Medina, St. Bonifacius, Long Lake, and Victoria, Minnesota. Sectioo 2. Any municipality desiring to beocme a member shall exe- cute a COf1'i of this agreement and conform to all requirements herein. Sectioo 3. The initial members shall be those municipalities who becane members 00 or before September 1, 1982. Section 4. Any other municipalities desiring to beocme members after Septent>er 1, 1982, may be admitted by an affirmative vote of two-thirds (2/3) of the eligible votes of the Cannission. The Camdssion may, by resolutioo, ~e I conditions upon the admission of additional members. V. DlRECroR; Sectioo 1. Qualification/Appointment. The City Council of each member shall be entitled to appoint two directors, at least ate of whan shall be a member of that council and the other a qualified voter residing within that -2- e e city. 'Dle City Council of each member shall be entitled to appoint at least ale alternate director. When the oouncil of a member appoints its first two direc- tors, it shall give notice of their appointments to the City Administrator of the City of Tonka Bay. Notice of a successor director shall be given to the Secretary of the Cannission. That notice shall include the name and mailing address of the appointee which shall be deemed to be the official name and address of that appointee for the purpose of giving any notice required under this agreement. Sectioo 2. Term. Each director shall serve for a term of ale year. All terms shall begin as of the effective date of this agreement. A director shall serve at the pleasure of his or her cityoouncil, and a director may be reIOOVed at any time by that city oouncil. Sectioo 3. Voting. Each director shall have one vote for each 1,000 dwelling lBlits or fraction thereof in the municipality represented by the direc- tor as recorded in the JOOSt recent records of the Metropolitan Councili pro- vided, however, that each director shall have at least one vote and no director shall have m:>re than four votes. Prior to December 31 of each year, the Secretary of the Cannission shall determine the m.mt>er of dwelling units in each member in accordance with this section and certify the results to the Chair. There shall be no voting by proxy, but all votes nust be cast in person at Cannission meetings by the director or his or her alternate. A director shall / not be eligible to vote 00 behalf of his or her city during the time that it is in default 00 any contributioo or payment to the Cannission. During the existence of such default, the vote or votes of such member shall not be OOlDlted for the purposes of this agreement. Section 4. Carpensation. Directors shall serve without CICI'lIJensation fran the CaDnissioo, but this shall not prevent a member fran carq;>ensating its e directors if ~tlf)t:tlSation by that member is otherwise authorized by law. -3- e e e Sectial 5. Vacancies. A Vacarcy in the office of director shall exist for any of the reasons set forth in Minnesota Statutes 1351.02, or up:n revocation of a director's appointment by a member duly filed with the CaDnission. The city council of each member shall fill for the unexpired por- tion of the Term of said director any vacancy in the directors appoin~ed or to be appointed by it. A suspected vacancy or director's failure to attend three consecutive meetings shall be reported by the Secretary of the Camrlssion to the appointing city council for action in replacing its directors. VI. OFFICERS Section 1. Number/E1ection. The officers of the Camrlssion shall consist of a Chair, a Vice Chair, a Treasurer, and a Secretary all of whan shall be elected at the first meeting of the Camrlssion and at the annual meeting of the Camdssion held in July of each year. New officers shall take office at the adjournment of the annual meeting of the Carmission at which they are elected. Officers shall serve one year terms and may serve up to two consecutive terms in the same office. Section 2. Chair/Vice. Chair. The Chair shall perside at all meetings of the Camlission and shall perform all duties incident to the office of Chair, and such other duties as may be prescribed by the Coomission. The Vice Chair shall act as Chair in the absence/ of the Chair. Section 3. Secretary. The Secretary shall be responsible for keeping a record of all of the proceedings of the Carmission and giving notice of the meetings. Sectial 4. Treasurer. The Treasurer shall have custody of the CaDnission's funds, pay its bills, keep its financial records and generally con- duct its financial affairs. The Camrlssion shall have the right to appoint a -4- Deputy Treasurer. All checks drawn up:n the Carmi ss ion 's bank account shall . require the signatures of the Treasurer of Deputy Treasurer and the Chair or vice Chair. The Camdssion's financial books and records shall be audited on or e e before June 1 of each year, or at such other time as the Camrlssion may direct, by an independent auditor designated and approved by the Camrlssion. The carmission may require the Treasurer to post a fidelity bond or other insurance against loss of Camlission funds in an aIOOUnt approved by the Camrlssion, at the expense of the Cannission. Section 5. Executive Ca11nittee. There shall be an Executive carmittee which shall consist of the four officers and three other directors elected by the Camlission. To the extent determined by resolution of the Camnission or by-law, the Executive Camrlttee shall have the authority of the carmission in the management of the business of the Carmission. The Executive Comni ttee shall act only in the interval between meetings of the Carmission and at all times is Subject to the control and direction of the Cannission. The Executive Comnittee. shall meet at the call of the Chair or upon the call of any other three members of the Executive Coomittee. The date and place of the meeting shall be fixed by the person(s) calling it. At least forty-eight hours advance written notice of that meeting shall be given to all members of the Executive Carmittee by the person calling that meeting, however, notice may be waived by any or all members who actually attend the meeting or who give written / waiver of such notice for a specified meeting. VII. EFFECl'IVE DATE, MEETINGS Section 1. This agreement is effective on the date when executive agreements and authorizing resolutions of ten (10) of the municipalities named -5- e e e in Article V, Sectioo 1 have been filed as provided in this Article. Section 2. Within thirty (30) days after the effective date of this agreement, the Mayor of 'l'onka Bay, Minnesota shall call the first meeting of the Camlissioo which shall be held no later than fifteen (15) days after such call. Sectioo 3. The first meeting of the Cannission shall be its organi- zational meeting. At the organizational meeting, the Cannission shall select fran anong the directors a chair, a vice-chair, a secretary and a treasurer, and may appoint any consultants or other staff to oex>rdinate the activities of the Comnission and to draft any necessary Ca11nission docurrents. Section 4. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Cannission shall adept by-laws governing its pro- cedures including the time, place, notice for and frequency of its regular meetings, prcx:::edure for calling special meetings, and such other matters as are required by this agreement. The Comnission may amend the by-laws fran time to time. Section 5. Voting/QuorlD1l. No business shall be performed unless a majority of the votes of the directors present and voting at a Ca11nission meeting vote in the affirmative, or un1ess a majority of the Executive Comnittee vote in the affirmative at its meeting. A majority of the votes of the Carmission representing at least seven (7) menbers shall constitute a quorlD1l of the Comnission and a majority of thpse appointed shall constitute a quorlD1l for a meeting of the Executive Cannittee, but a smaller number may adjourn fran time to time. VIII. roiERS, RIGn'S AND DUrms OF C(M.fiSSlOO The powers, rights and duties of the Camlission shall include those set forth in this Article. -6- Sectioo l. Franchising Authority. It shall act as the cable can- e nunicatioos franchising authority for the meJ'lt)ers to this agreement. Sectioo 2. Grant of Franchise. It shall prepare, adopt and grant a cable ccmnunications franchise pursuant to the Minnesota Cable Camumications Act, Minn. Stat. Ol. 238,l the rules of the MX8 and the FOC, and according to the follOlfling procedure: a. Needs Assessment Report. It shall canpile, make publicly available and approve a SlUIIllary of the Needs Assessment Reports fran member nunicipalities. b. Request for Proposals. It shall prepare and adopt in a public hearing and perform all other acts incident to the issuance of a Request for Prq;a;als. The adoption of the Request shall be by an aff irmati ve vote of not less than twenty (20) directors of the Cannission representing not less than ten (lO) ment>ers. e c. Designation of Calpany by Resolution. After receipt and review of all prq;a;als submitted to the Camri.ssion by cable cx:mnuniciations oc.mpanies, it shall select at a public hearing by resolution one cable ocmnunications can- pany to which it may grant a franchise. The adoption of this resolution shall be by an affirmative vote of not less than twenty (20) directors of the Camtission representing not less than ten (lO) members. d. Adoption of Franchise Ordinance. It shall prepare and adopt an / authorization known hereafter as a "franchise ordinance" and, by that franchise ordinance, grant to one cable oc:mnunications oc.mpany a non-exclusive, franchise to construct, operate, maintain or manage a cable ocmnunications system enoan- passing all of the territory of the members to this agreement. The adoption of the franchise ordinance and the grant of the franchise shall be by an afirmative e -7- e e e vote of not less than twenty (20) directors of the Calmission representing not less than ten (10) membersJ provided, however, that the franchising prooess shall cease if the cable ocmnunications oanpany which was selected by resolu- tion in accordance with paragraph c above is not granted the franchise by ordi- nance approved by a vote in acxx>rdance with this paragraph. In the event the franchising prooess ceases in accordance with this paragraph, the Calmission shall pranptly reccmnence the franchising prooess at any stage determined by Cannission. e. Public Hearing. It shall hold at least one public hearing before it adopts a franchise ordinance. At least ten (10) days prior to that . public hearing, it shall publish in all official newspapers of the members a notice of that hearing. The franchise ordinance adopted by the Calmission shall be signed by the Chair and attested by the Secretary. f. Publication;'Effective Date. The franchise ordinance shall be published within fifteen (15) days after adoption by the Calmission in the offi- cial newspaper of the members. The franchise ordinance shall take effect thirty (30) days after the last date of its publication, or at such later date as fixed therein, unless four (4) or IlDre members withdraw under paragraph 9 belOlf1, in which case the franchise ordinance shall not becane effective. The franchise ordinl'ince may incorporate by reference, without publication in full, (i) a sta- tute of Minnesota, (ii) a rule of / the MX8 or the FOC, and (Hi) the "Prqx:>sals for Franchise" and other offers and representations sutmitted by the cable can- nunications oanpany to whan the franchise is granted. g. Withdrawal. At any time after the franchise ordinance has been adcpted by the Cannission, but not later than five days before its effective date, a member may withdraw for any cause fran the Cannission by giving written -8- e e notice of its withdrawal to the Secretary of the Camdssion. A JDeIl'ber's withdrawal under this paragraph shall be effective upon the receipt of the ootice of withdrawal by the Secretary of the Camdssion. A JDeIl'ber which does not withdraw under this paragraph shall be bound by the franchise ordinance adcpted and granted by the Camdssion. If four (4) or nr:>re JDeIl'bers withdraw under this paragraph, the franchising prooess shall cease. h. Amendment. The Camdssion may review and amend the franchise ordinance in acxx>rdance with the prooedures set forth in this agreement and the rules of the M:CB and FCC upon the affirmative vote of oot less than two-thirds (2/3) of the authorized votes of the Cannission representing not less than ten (10) members. The Cannission shall hold at least one public hearing before it amends a franchise ordinance or establishes rates therein. At least ten (10) days prior to that public hearing, it shall publish in the official newsPapers of the members a ootice of that public hearing. An amendment to the franchise ordinance shall be signed by the Chair and attested by the Secretary. An amend- ~nt to the franchise ordinance shall be published in the official newspaper of the members within fifteen (15) days after adoption by the Camdssion, and any amendment shall take effect upon publication or at such later date as is fixed therein. -9- e e e before the KX:8, the Fa:, the Minnesota LegiSlature, or Congress, or it may directs its representatives to appear and testify on cable cxmnunications before these governmental bodies. sectiat 6. Investigation. It may investigate the operation of cable ocmnunications system in other cities in Minnesota, and the expenses of tra- veling and subsistence of directors in making any such investigations shall be borne by the Carmission. section 7. Gifts/Grants. It may accept gifts, apply for and use grants and may enter into agreements required in connection therewith and it may hold, use and dispose of JlDney or property received as a gift or grant in accor- dance with the terms hereof. section 8. Contracts. It may enter into any ccntracts dee~ necessary by the Calmission to carry out its powers and duties, subject to the provisions of this agreement. Contracts shall be let and purchases shall be made in accx>rdanoe with the 19a1 requirements applicable to contracts and purchases by Minnesota statutory cities. It may not purchase real estate without the prior approval of at least two-thirds (2/3) of its nett>ers. Section 9. Advisory Bodies. It may appoint advisory bodies to make recxmnemations to it at cable cx:mnunications. Section 10. Consultants. It may act or cause others to act in any manner regarding (i) the study of cable cx:rnmunications, (ii) the preparation of , a franchise ordinance and other documents required to grant such a franchise, (iii) the evaluation of proposals, (iv) the administration and enforcement of a cable cxmnunications franchise, and (v) the establishment of rates thereunder. Section 11. Other Actions. It shall take such action as it deems necessary and appropriate to acoanp1ish the general purposes of the CCmnission -10- and it may exercise any other power necessary and incidental to the inplemen- e tatioo of its powers and duties. sectioo 12. Amendments and Agreement. It shall rec:xmnem for enact- ment by its rnentlers amendments to this agreement which will facilitate the admi- nistratioo and enforcement of the franchise granted by it, and the establishment of rates thereunder. sectioo 13. Merrber's Building Codes. Nothing in this agreement or in the franchise ordinance adopted by the Calmission shall be deemed to waive the requirements in each ment:ler' s codes and ordinances regarding zoning, building or construction permits, fees or manner of construction. IX. FINAlCIAL MA'rJERS Sectioo 1. Contributions 1982. For the remaimer of the calemar year 1982, the financial contributions of the Parties in support of the e Camlission shall be $800 for each allocated vote of each director representing said member 00 the Calmission (eg. Excelsior - 2 votes times two (2) directors equals four (4) times $800, or $3,200 initial contributioo). In the event a franchise is granted by the Calmission, the financial contributions of the member municipalities up to the date of the grant of the franchise, as well as all other reasooable expenses incurred by the member municipalities in the cable television franchising process, shall be recovered and paid to the nemer , . nunicipalities fran the acceptance fee of the franchise grantee. The 1982 contributioo by the members shall be the maximum contributioo and no further contributions are to CXJDe fran the members without approval by each member. sectioo 2. Contributions: Subsequent Years. Contributions for the year 1983, and subsequent years sufficient to satisfy the final budget of the Ccmnissioo shall be established in relation to the alJncated votes of each e member and shall CXJDe fran the franchise fees or fran Grantee as an acceptance fee or as an advance 00 the franchise fees. -11- ~ e e Sectioo 3. Annual Budget Process. A proposed budget for the ensuing calendar year shall be formulated by the Carmission 00 or before August 15 of each year, and the final adoption of a budget for the ensuing calendar year shall be made by the Camdssion at its annual meeting in Septenber. Within fif- teen (15) days after final adoption, the Cannission Secretary shall send the budget to each member for review and approval. That budget shall be effective only if approved by a majority of the members within thirty (30) days after its receipt by them. If the budget is oot timely approved by a majority of the mem- bers, the earmission shall pranptly adopt a revised budget and shall sul:mit it to each member for review and approval. The Cannission budget shall be funded only fran nonies collected fran Grantee as applicatioo fees, acceptance fees, franchise fees, or furxis charged to Grantee as advances 00 franchise fees. This Comnission may also budget the expenditure of furxis received fran grants, gifts, or the like. Sectioo 4. Expenditures. The Carmission expenditures shall not exceed the current budget of the Carmission without prior written authorization of all member cities. provisions of Minnesota statutes which govern the expen- diture of furxis by statutory cities shall apply to the Carmission. x. wrmDRAWAL Sectioo 1. A member mar withdraw fran the Carmission prior to the effective date of the franchise ordinance by filing a written notice with the Secretary by October 15 of any year giving notice of withdrawal effective as of the end of that calendar year 1 and membership. shall continue until the effec- tive date of withdrawal. A notice of withdrawal may be rescinded at any time by a member. If a member withdraws pt.U:suant to this section, the member shall have no claim 00 the assets of the Carmission. A ment:ler shall oot withdraw until the e member's financial oontributioo for the calendar year is paid in full. -12- e e e Sectien 2. Withdrawal for Cause. A menber may withdraw fran the Carmission after the effective date of the franchise ordinance as prescribed by Article VUI, Sectien 5, paragraph f cnIy (i) if the Carmission itself breaches or violates this agreement, or (ii) if the Carmission fails to ocmnence enfor- cement of the ordinance within four roonths after being ootified by a member of the existence of a violation of the ordinance occurr ing wi thin the terr i tor ial limi ts of that city. Sectien 3. Notice of Withdrawal. A member withdrawing fran the Cannission under this article shall send to the M:rB and the Carmission Secretary a written Notice of Withdrawal which shall specify both the grounds and the effective date of its withdrawal. Section 4. Effectiveness of Ordinance After Withdrawal. The franchise ordinance adq>ted and granted by the Cannission shall provide that it is effective and enforceable within the territorial limits of a city which has withdrawn fran the Carmission under this article and a city which withdraws fran the Cannission shall be bound by the terms of any cable ocmnunications franchise previously adopted and granted by the Carmission. A city which has withdrawn shall be the exclusive authority to administer and enforce the cable can- nunications franchise ordinance as to its corporate boundaries. Section 5. Ccq)eration. The Carmission and a city which withdraws under this article shall ~rate with each other and the cable oc:mnunications operator and shall use their best efforts to achieve an orderly and efficient transfer to that city of the administrative and enforcement authority over the cable catIIlunications system established withi:n the withdrawn city. Section 6. Access to Carmission Assets. A member withdrawing fran nembership at a time when such withdrawal does oot result in dissolution of the Cannission shall forfeit its claim to any assets of the Cannission except that -13- e e e it shall have access, at a reasonable cost and under such conditions as the Caunission may determine, to any cable ocmnunications progranB, files or other materials developed for its use while it was a member. Section 7. Merger. The merger of two or J'lDre municipalities then parties to this agreement shall not be deemed a withdrawal of the merged munici- palities for the p.IrpOSes of this agreement. In the event of a merger of two or J'lDre municipalities then parties to this agreement, the l'le't<Ily created nunicipa- lity shall be entitled to the nt.mtler of votes on the Carmission calculated p..tr- . suant to Article V, Section 3 of this agreement and based upon the ntunber of . dwelling \IDits within the newly formed municipality. Any subsequent financial contributioo to the Carmission required of a merged numicipality shall be calcu- lated p..trsuant to this agreement based upon the l'le't<I vote allocation of the merged numicipality. XI. DISSOLt1rICfi Section l. Method. The Caunission shall be dissolved (a) when a sufficient nUl1'ber of members withdraw fran the Carmission to reduce the total nt.mtler of remaining continuous members to less than nine (9), or (b) upon an affirmative vote of two-thirds (2/3) of the directors of the Carmission. Section 2. Distribution of Assets. Upon dissolution, the remaining assets of the Cannission, after payment of all obligations, shall be distributed among the then existing members in proportion to their contributions, or in such other way as those members may agree. Section 3. Necessary Measures. In the event of a dissolution the Cannission shall determine the measure necessary to effect the dissolution and shall provide for the taking of such measures as pranptly as circumstances per- mit and subject to the terms of this agreement. -l4- . Sectioo 4. Effectiveness of Ordinance After Dissolutioo. The e franchise ordinance adopted and granted by the Callnissioo shall provide that it is effective and enforceable within the corporate limits of all cities which were roombers prior to the dissolutioo of the Callnissioo, and those cities shall be bound by the terms of any cable ocmnunicatiCXlS franchise previously adopted and granted by the Callnission. After dissolutioo, each city shall be the exclu- sive authority to administer and enforce the cable <Xl1I1lunications franchise ordinance within its corporate bcundaries. XII. ARBITRATIrn Sectioo 1. Catpulsory Arbitration. Any controversy arising out of or relating to this agreement including but oot limited to the withdrawal by a member for cause fran the Callnission shall be settled by a Board of Arbitrators in accordance with the provisiCXlS of the Uniform Arbitration Act, SectiCXlS e 572.08 to 572.30, Minnesota Statutes. Section 2. Board of Arbitrators. The Board of Arbitrators may be canprised of me individual IlUtually selected by the Callnissioo and the member which has raised the issue in controversy. If the Callnission and member are unable to agree upon a single arbitrator, the Board of Arbitration shall be canprised of three (3) individuals, ate of whan shall be appointed by the Cannission, the second appointed bY the member which has raised the issue in ,t controversy, and the third appointed by the other two arbitrators. Up10n failure to agree upon selection of the third arbitrator, that individual shall be appointed by the Chief Judge of the Fourth.Judicial District, Hennepin County, Minnesota. e -15- e e e XIII. INIJ!:t.fiIFlCATIGI The Carmission and its member municipalities shall iOOemnify and hold harmless any member municipalities for damages, including reasooable attorneys' fees, incurred as a result of any action brought against said roamer municipa- li ty and resulting fran the joint act or anission of the Callnission established herein. Said responsibility for indemnification shall be prc.portional to the contribution of any member municipality. XlIV. EFFECl'IVE M'lE Section 1. Execution of Agreement. A ment>er entering into this agreement shall do so by the duly authorized execution of a COfJY of this agreement by its proper officer. Thereafter, the Clerk or other appropriate officer of that member shall file a duly executed COfJY of this agreement, together with a certified CDf1':/ of the authorizing resolution and any initial contribution required by Article VIII with the City Administrator of the City of Tanka Bay. Section 2. Effective Date. This agreement shall becane effective when (a) it has been authorized by ten (10) of fourteen (14) eligible cities, and (b) all appropriate doouments have been filed as provided above. Section 3. Previous AcJreement Superseded. This agreement, when effective under Section 2 above, supersedes all previous agreements between the members hereto establishing a joint cable oc:mnunications ocmnission. w. DURATICN This agreement shall continue in effect fran year to year until ter- mination in accordance with the terms of this agreement. -16- . . e e e ~ IN WITNESS WHERECF, the umersigned governnental \mit has caused this agreement to be signed and delivered a1 its behalf. EXEnJrED as of , 19 . (SFAL) CITY CR By Its By Its -17- (. ~ e L CITY OF SHOREWOOD PLANNING COMMISSION APPOINTMENT MONDAY, JANUARY 31, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 5:30 PM M I NUT E S CALL TO ORDER The Special Meeting to appoint a Planning Commission member was called to order at 5:30 PM on January 31, 1983 in the Shorewood City Council Chambers. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Stover and Shaw. Leonardo-Absent Staff: Administrator Uhrhammer and Clerk Kennelly PLANNING COMMISSION APPOINTMENT RESOLUTION #13-83 Review of each of the applicants were discussed by the Council. Haugen moved, seconded by Stover, to appoint Mary Boyd to the remainder of the term created by the vacancy of Kristi Stover, term to expire 12/31/84. Motion carried unanimously. ADJOURNMENT Rascop moved, seconded by Stover, to adjourn at 6:25 PM. Motion carried unanimously. Respectfully submitted, jfdi/J~ Mayor SANDRA L. KENNELLY, Clerk SLK: sn ,e . e CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 14, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 7:30 PM M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:33 PM, Monday, February 14, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Leonardo, and Haugen. (Stover-on vacation) Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer and Clerk Kennelly APPROVAL OF MINUTES Shaw moved, seconded by Leonardo to approve the minutes of the Council Meeting of January 24, 1983 as corrected. Motion carried unanimously. Haugen moved, seconded by Rascop to approve the minutes of the meeting of January 31, 1983 as written. Motion carried unanimously. DOCK LICENSE APPROVAL-Howards Point Marina RESOLUTION NO. 14-83 Robert Johnson, representing Howards Point Marina, was present to clarify any questions the Council has in reference to the gas line installation along their dock. Shaw moved, seconded by Haugen, to approve the 1983 Dock License as requested. Motion carried unanimously. CIGARETTE LICENSE APPROVAL-ICO Station RESOLUTION NO. 15-83 -Howards. Point Marina Haugen moved, seconded by Shaw, to approve Cigarette Licenses for 1983 for ICO Station and Howards Point Marina. Motion carried unanimously. TAX FORFEITED LAND Lot 4 - Block 2 - Enchanted Park Haugen moved, seconded by Rascop,to release this land to the state For land sale. Motion carried unanimously. Lot 1 - Auditors Subdivision #367 Haugen moved, seconded by Shaw, to release this lot for sale to adjacent property owner only. Motion carried unanimously. ce . \e REGULAR COUNCIL MEETING FEBRUARY 14, 1983 - 2 - CONDUCT IN CITY PARKS & RECREATION AREAS ORDINANCE NO. 140 Council reviewed the second reading and made minor changes to this proposed Ordinance. Haugen moved, seconded by Leonardo to accept the second reading of the Ordinance. Ordinance adopted by Roll Call vote. 4 ayes. ORGANIZATIONAL APPOINTMENTS Ci tizen Advisory Commiss~_~m - Area #4 RESOLUTION NO. 16-83 Rascop moved, seconded by Haugen, to appoint Robert McDougall to the Citizen Advisory Commission for Planning Area #4. Motion carried. Auditors for 1983 RESOLUTION NO. 17-83 Bids were received from three firms for the Council review: Long/Froehling & Associates Mattias, Roebke, & Maiser George M. Hansen Co. Haugen moved, seconded by Leonardo, to appoint Mattias, Roebke & Maiser for the 1983 auditing firm. Motion carried - 3 ayes, 1 nay (Shaw) Attorney for 1983 RESOLUTION NO. 18-83 Leonardo moved, seconded by Rascop, to appoint Gary Larson as City Attorney for 1983. Motion carried unanimously. Hennepin County Railroad Authority-Southwest Corridor RESOLUTION NO. 19-83 Moved by Shaw, seconded by Rascop, to appoint Jan Haugen to the Railroad Authority. Motion carried. MATTERS FROM THE FLOOR Residents of Birch Bluff Road: Bill Dickson - 26245 Birch Bluff Road; Mr. and Mrs. Gordon Christensen - 26190 Birch Bluff Road; and Bill Clifford - 26215 Birch Bluff Road; were present to have the Council clarify the permitted uses of the "Fire Lane" or "access to the lake" located at Grant Lorenz Road and Birch Bluff Road. Attorney Larson confirmed that the "fire lanes" were public roads that open to the lake. Council reviewed Ordinance #59 in reference to snowmobiles and clarified that this is a permissable use, as well as a walking access. Residents questioned whether the City would sell this access. Council informed them that they will not sell this property. PLANNING COMMISSION REPORT Councilman Shaw reported that the final review of the Zoning Ordinance will take place at the February 15, 1983 meeting.