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HomeMy WebLinkAbout99-044 r ~ RESOLUTION DATE March 1, 1999 RESOLUTION NO. 99-44 MOTION BY Sindt SECONDED BY Luick RESOLUTION RESCINDING RESOLUTIONS 82-32, 90-30, & 98-24 WHICH ESTABLISHED OR CONCERNED THE CABLE TV BOARD AND THE ADOPTION OF A RESOLUTION ESTABLISHING A TELECOMMUNICATIONS COMMISSION. WHEREAS, the Cable TV board has actively served the community since 1982 by advising the City Council on matters related to Cable TV in the City, and WHEREAS, the progression of technology has created additional areas of responsibility for the Cable TV Board which include a new franchise agreement that provides aCity-wide fiber optic system, and WHEREAS, on November 2, 1998 the City Council entered into a Network Capacity Lease Agreement with Marcus FiberLink for aCity-wide high-speed data, voice and video network, and WHEREAS, the Cable TV Board hereby recommends that its current responsibilities and new responsibilities involving the City-wide high-speed data, voice and video network be combined by establishing a new Telecommunications Commission, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville, Minnesota hereby rescinds Resolution No. 82-32, 90-30, and 98-24 establishing and/or concerning the Cable TV Board, and BE IT FURTHER RESOLVED THAT the City Council of Lakeville, Minnesota hereby establishes the Telecommunications Commission as an advisory body to the City Council pursuant to the following: 1. Commission Established. There is hereby established a Telecommunications Commission in the City of Lakeville to advise the City Council on matters relating to Cable TV and/or Telecommunications systems in the City. 2. Purpose and Scope. The purpose of the Telecommunications Commission is to ensure citizen participation in the administration of a Cable TV franchise and/or Telecommunications agreements within this City, to identify present and future needs and to provide advice to the City Council on Cable TV franchise, Telecommunications agreements, renewals, transfers, or administration of franchise and/or telecommunications agreements. 3. Membership. The Telecommunications Commission shall consist of eight (8) members, alI of whom shall be residents of the City of Lakeville, except for members appointed to represent school districts. The three (3) school districts in the City may each nominate one Commission member. The Commission members appointed by the school districts must reside in the City of Lakeville unless, at the discretion of the Council, an exception is made by a 4/5 vote of the entire City Council. Commission members shall be appointed by the City Council for terms of two (2) years, four of which shall expire in odd-numbered years and four of which shall expire in even-numbered years. Individuals commercially involved in cable and/or telecommunications, public or private broadcasting, or the private news media shall not serve as members of the Commission. 4. Duties and Responsibilities. The duties and responsibilities of the Commission will be to advise the City Council on all matters concerning Cable TV and/or Telecommunications including, but not limited to, franchising, franchise administration, agreements and such other matters as the City Council may direct. General concerns and responsibilities are outlined as follows: a. Make reports to the City Council as required by franchise and/or telecommunications agreements. b. Make recommendations to the Council regarding immediate or ongoing use of cable TV and/or telecommunications in the City of Lakeville. c. Conciliate disagreements between franchise and/or telecommunications, subscribers and public and private users of the system's facilities. d. Keep itself advised as to activities of other municipalities, commissions, boards, regional, state and federal agencies concerning Cable TV and/or Telecommunications. e. Recommend to the City Council action to betaken concerning Cable TV and/or Telecommunications. Such recommendations may include proposed legislation on a local or state basis or other action relating to local, county, metropolitan or statewide Cable TV and/or Telecommunications activities. f. Promote public access broadcasting, citizen participation and the educational aspects of public access broadcasting. g. Make recommendations to the City Council on the use of funds received by the City from gross receipts of a Cable TV franchise, and the Education/Government (EG) Fee. h. Educate and inform the Community on the opportunities available for TV and/or Telecommunications in the City of Lakeville. 5. Organization. a. The January meeting of each year shall be an organizational meeting, at which time the members shall elect from among them a chairperson and vice- chairperson to serve for a period of one year. b. No one shall serve as chairperson of the commission for more than two (2) consecutive terms. The chairperson must be confirmed by the City Council. c. The chairperson shall preside over all meetings. The chairperson shall assign specific tasks to members of the commission as deemed necessary. The chairperson may, with the consent of the members, establish sub-committees and appoint members to liaison duties with other committees, commissions, and boards. d. The vice-chairperson shall preside over meetings in the absence of the chairperson. 6. Attendance at Meetings. a. Any member of the Telecommunications Commission may be removed from office with or without cause by a 4/5 vote of the entire City .Council. b. Any member of the Telecommunications Commission who misses three (3) consecutive meetings or a total of one-third of all meetings in a calendar year, due to unexcused absences, shall automatically be removed from office without City Council action, and the City Administrator shall notify the member of his or her removal. Excused absences include: a serious personal or family medical condition, death in the immediate family, or unanticipated work-related commitment. It shall be the duty of each member to notify the staff liaison or recording secretary if the member will be unable to attend a meeting. c. Alternates: One alternate member shall be appointed by the City Council to the Telecommunications Commission. The term of office of the alternate member shall be for one (1) year. Alternates are encouraged to attend all meetings and take part in discussions. Alternate members shall act as regular voting members in the absence of any regular member. The alternate member will not vote in the place of a School District (#192, #194, & #196) member as they have been selected to represent their School District on the commission. 7. Meetings. a. Regular meetings shall be held at times :established by the Commission. Additional meetings may be held at the discretion of the chairperson or City staff if the workload warrants, and meetings may be cancelled by the chairperson and staffwhen there is a lack of business for the agenda. b. Meetings shall be held in the City Council chambers and notice of the meetings provided to the public and press. c. A quorum shall consist of five (5) regularly appointed members, or in the event of unfilled appointments, a single majority of the sworn members. A quorum shall be necessary to conduct regular meetings. d. A secretary, appointed by the City Council, shall keep minutes of each meeting and distribute minutes of the previous meetings and a copy of the next agenda to each member prior to the next meetings. r ADOPTED by the City Council of the City of Lakeville this 1st day of March, 1999. CITY OF LAKEVII,LE Duane Zaun, Ma o ATTEST: Charlene Friedges, City Cler •