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HomeMy WebLinkAbout1995-025 Council ResolutionCITY OF ENO MES CERTIFICATION OF RESOLUTION NO. 95 - 25 STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF LINO LAKES) I, the undersigned, being the duly qualified and acting Clerk - Treasurer of the City of Lino Lakes, do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. 95 - 25 with the original thereof on file in my office, and the same is a full, true and complete copy insofar as the same relates to: SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" Witness my hand as said Clerk -Treasurer and the Corporate Seal of the City this 28th day of February, 1995. f� v M`ar`i yn . Anderson Clerk -Treasurer (SEAL) 1189 MAIN STREET, LINO LAKES, MINNESOTA 55014 612-464-5562 FAX: 612-464-4568 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 25 RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the North Central Suburban Cable Communications Commission ("Commission") is a Joint Powers Commission organized pursuant to Minnesota Statute 471.59, as amended, and includes the following eight (8) municipalities: Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park (hereinafter "Cities"), and, WHEREAS, the Commission's Joint Powers Agreement, assigns to the Commission the responsibility to monitor the operation and activities of cable communications; to provide coordination of administration and enforcement of the cable franchise; to promote the development of locally produced cable television programming; and to conduct such other activities to insure equitable and reasonable rates and service levels for the citizens of the Member Cities and, WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications systems so that the Cities may achieve better utilization and improvement of public services and contribute significantly to the communication needs of its residents and, WHEREAS, in pursuit of these goals the Cities have granted to private interests the use of Public Property and Public Rights -of -Way. NOW, THEREFORE, at a regular meeting of the City Council of the City of Lino Lakes, the City has reviewed the proposed Minnesota Emerging Communications Services Act of 1995, and hereby endorses the proposed legislation and encourages its adoption by the Minnesota State Legislature for the following reasons: FINDINGS 1. Public Property and Public Rights -of -Way are valuable public assets and Local Authorities are entitled to ensure that the public is benefitted, compensated, protected and able to access and share in the use of any Emerging Communications Services that makes use of those Public Rights -of -Way by a private for -profit provider. RESOLUTION NO. 95 - 25 Page -2- 2. There is a wide range of Persons seeking to use Public Property and the Public Rights -of -Way to deliver video, voice and data services and all such Persons should be treated similarly by State and Local Authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local Authorities are well equipped to analyze and implement the needs and interests of the local citizen/consumer, and protect taxpayer's investment in Public Property and Public Rights -of -Way. CONCLUSIONS The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing Public Property and Public Rights -of -Way. 1. Obtain permits and comply with minimum state standards and existing local standards for use of Public Property and Public Rights -of -Way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Support community access to Emerging Communications Services. 4. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity being delivered on a city, county and school district specific basis as determined by Local Authorities. 5. Allow Local Authorities to receive compensation for use of Public Property and Public Rights -of -Way. The City further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforces compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of fees to compensate Local Authorities for both the use of and decrease in the value of Public Property and Rights -of -Way as a result of the construction of and occupancy by Emerging Communications Services. CERTIFICATION OF RESOLUTION NO. 95 - 25 STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF LINO LAKES) I, the undersigned, being the duly qualified and acting Clerk - Treasurer of the City of Lino Lakes, do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. 95 - 25 with the original thereof on file in my office, and the same is a full, true and complete copy insofar as the same relates to: SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" Witness my hand as said Clerk -Treasurer and the Corporate Seal of the City this 28th day of February, 1995. Marilyn G. Anderson, Clerk -Treasurer (SEAL) RESOLUTION NO. 95 - 25 Page -3- 3. Assures delivery of Emerging Communications Services to Local Authorities and School Districts. This resolution was adopted by the Lino Lakes City Council on the 27th day of February, 1995. Mari ]Jyn C Vernon F. Reinert, Mayor J Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 1995 CounC .members TITLE LAST NAME FIRST NAME MEMBER CITY ADDRESS CITY STATE ZIP HOME TERM PHONE EXPIRES Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Tinklenberg Daniels Swanson Ryan Varian Kolb Rose Mayor Heineman Councilmember Helmbrecht Councilmember Buckbee Councilmember Powers -Rasmussen Laura Councilmember Wilharber Tom Elwyn Jane Dick Tom Karen Randy Pamela Mayor Councilmember Councilmember Councilmember Councilmember Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Mayor Councilmember 1/26/95 Osbun-Miller Cygner Schneider Felling Mayne Thompson Gageby Jorgensen Howe Wright Newton Soltis Nelson Barthold Sandee Mary Jo Sanna LeeAnn Bruce Hazel Mike Donovan William Ron Larry Tim Jerry Jerry Dave William Jacob City of Blaine City of Blaine City of Blaine City of Blaine City of Blaine City of Blaine City of Blaine City of Centerville City of Centerville City of Centerville City of Centerville City of Centerville City of Circle Pines City of Circle Pines City of Circle Pines City of Circle Pines City of Circle Pines City of Coon Rapids City of Coon Rapids City of Coon Rapids City of Coon Rapids City of Coon Rapids City of Coon Rapids City of Coon Rapids City of Ham Lake City of Ham Lake 11234 Forest Court N.E. 770 - 96th Lane N.E 568 Pleasure Creek Drive 12147 Radisson Road N.E. 1817 121st Avenue N.E. 11308 Jefferson Street N.E. 12850 Tippecanoe Street N.E. 1983 N. Robin Lane 1745 Main Street 7381 Peltier Circle 7173 Brian Drive 6849 Centerville Road 376 Nottingham Drive 388 Nottingham Drive 52 East Road 54 W. Golden Lake Road 113 South Main 10600 Arrowhead Street N.W. 11101 Yukon Street N.W. 10472 Eagle Street N.W. 1815 - 128th Avenue N.W. 861 - 84th Lane N.W. 12093 Dogwood Street N.W. 11440 Gladiola Street N.W. Blaine Blaine Blaine Blaine Blaine Blaine Blaine Centerville Centerville Centerville Centerville Centerville Circle Pines Circle Pines Circle Pines Circle Pines Circle Pines Coon Rapids Coon Rapids Coon Rapids Coon Rapids Coon Rapids Coon Rapids Coon Rapids MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN 55449 55434 55434 55449 55449 55434 55449 55038 55038 55038 55038 55038 55014 55014 55014 55014 55014 55433 55433 55433 55448 55433 55448 55433 758-1552 780-5708 784-9424 757-3390 754-7463 757-6887 784-5168 426-2213 653-1118 426-6530 653-5902 429-2140 786-3996 784-8246 784-2267 784-5451 780-2260 421-1262 755-6877 757-0898 755-8850 786-6095 755-2161 427-2958 12/31/96 12/31/98 12/31/96 12/31/98 12/31/96 12/31/98 12/31/96 12/31/98 12/31/96 12/31/96 12/31/96 12/31/96 12/31/96 12/31/96 12/31/95 12/31/97 12/31/97 12/31/95 12/31/96 12/31/95 12/31/97 (3 yr Term) 12/31/95 12/31/96 12/31/96 2135 - 134th Lane N.E. Ham Lake MN 55304 434-5330 1/1/99 1206 Bunker Lake Blvd N.E. Ham Lake MN 55304 755-3584 1/1/97 1'1'1LE Councilmember Councilmember Councilmember Mayor Councilmember Councilmember Councilmember Councilmember Mayor Council member Councilmember Councilmember Councilmember Mayor Councilmember Councilmember Councilmember Councilmember Braastad Larson Anderson Heifort Mahr Valenta Larson Anderson Reinert Neal Elliott Kuether Bergeson Wells Conde Mathiowetz Carlson Goggins LAST NAME FIRST NAME Kenneth Bill Skip Dot Barb Don Jeff Don Vernon Andy Linda Sally John Harley John Don Barbara Dan MEMBER CITY City of Ham Lake City of Ham Lake City of Ham Lake City of Lexington City of Lexington City of Lexington City of Lexington City of Lexington City of Lino Lakes City of Lino Lakes City of Lino Lakes City of Lino Lakes City of Lino Lakes City of Spring Lake Park City of Spring Lake Park City of Spring Lake Park City of Spring Lake Park City of Spring Lake Park 1995 Councilmembers ADDRESS 717 - 157th Avenue N.E. 643 - 175th Avenue N.E. 1838 - 134th Lane N.E. 9272 Griggs Avenue 9233 Ryan Place 3803 Restwood Road 9451 Dunlap Avenue 9594 Griggs Avenue 6765 E. Shadow Lake Drive 790 Vicky Lane 2001 Otter Lake Drive 7080 Rice Lake Lane 6996 W. Shadow Lake Drive 614 Maple Street N.E. 771 Manor Drive N.E. 8381 - 5th Street N.E. 8025 - 5th Street N.E. 908 Marlboro Court CITY Ham Lake Ham Lake Ham Lake Lexington Lexington Lexington Lexington Lexington Lino Lakes Lino Lakes Lino Lakes Lino Lakes Lino Lakes Spring Lake Park Spring Lake Park Spring Lake Park Spring Lake Park Spring Lake Park STATE ZIP MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN 55304 55304 55304 55014 55014 55014 55014 55014 55014 55014 55110 55014 55014 55432 55432 55432 55432 55432 HOME PHONE 434-5895 434-9435 755-3416 786-3789 786-7175 784-2792 780-2885 786-3892 426-0787 785-0433 653-8202 780-1774 484-6898 784-2949 754-2466 786-6158 784-7881 786-6693 TERM EXPIRES 1/1/97 1/1/97 1/1/97 12/31/95 12/31/95 12/31/95 12/31/97 12/31/97 12/31/95 12/31/95 12/31/95 12/31/97 12/31/97 12/31/98 12/31/96 12/31/96 12/31/96 12/31/96 1/26/95 STATE REPRESENTATIVES NAME r x t E CKBARJH mmwmfto HOME ADDRESS 801 Ballantyne Ln NE Spring Lake Park, MN 55432 786-2025 440 Rice St Anoka, MN 55303 323-5640 (0) OFFICE ADDRESS MUNICIPAUTI( 2608 116th Ln NW Coon Rapids, MN 55433 755-5740 19255 Eidelweiss Street Cedar, MN 55011 753-3215 3446 138th Ct NW Andover, MN 55304 421-3522 9561 Griggs Ave NE Lexington, MN 55014 784-1359 9429 Jewel Ln Ct Forest Lake, MN 55025 464-6465 465 57th Place NE Fridley, MN 55432 571-5268 1045 Lake Beach Dr Shoreview, MN 55126 481-8355 State Office Bldg Room 539 St Paul, MN 55155 296-5510 State Office Bldg Room 237 St Paul, MN 55155 296-1729 State Office Bldg Room 485 St Paul, MN 55155 296-4231 State Office Bldg Room 313 St Paul, MN 55155 296-2439 State Office Bldg Room 295 St Paul, MN 55155 296-5369 State Office Bldg Room 307 St Paul, MN 55155 296-4226 State Office Bldg Room 255 St Paul, MN 55155 296-4124 State Office Bldg Room 365 St Paul, MN 55155 296-4331 State Office Bldg Room 323 St Paul, MN 55155 9oa-9on7 Fridley 11,12,21,22,23,31,32 Spring Lake Park 1,2,3, Blaine 13,14, Coon Rapids 33,34 Anoka 1,2,3,4,5,6,7,8, Coon Rapids 13,14,21,22, 42,45 Coon Rapids11,12,23,24, 31,32,41,43,44,51,52, 53,54,55 Bethel, Burns, Columbus, East Bethel 1,2, Linwood, Ham Lake 2,3,4, Oak Grove, St. Francis Andover 1,1A,2,3,3A,4 Ham Lake 1, Ramsey 1A, 1 B,2,3A,3B, Blaine 31 Lexington, Blaine 12,15,16,17,21,22,23,24, 25,26,32,33,34,35 Centerville, Lino Lakes 1,2,3 Fridley 13,14,24,33,34 Columbia Heights 1,2,3,4,5,6,7,8, Hilttop Circle Pines 1,2 Blaine 11 i League of Minnesota Cities March 23, 1995 ACTION ALERT! TO: Mayor, Manager, Clerk PROM: Ann Higgins, IGR Representative RE: Public Access and Control of Local Rights -of -Way at stake 3490 Lexington Avenue North St. Paul, MN 55126-8044 Before Monday. March 27. city officials must contact local legislators who serve >t the House Regulated Industries Committee to urge them to support amendments to H.F. 620, the telephone deregulation bill, to address the need for public access to new communications services and to ensure local authority to control use of streets, alleys and public property by phone companies and other commercial telecommunications service providers. The House Regulated Industries Committee is scheduled to consider H.F. 620 (Olson), on Monday, at 10:00 a.m. The League and the Minnesota Association of Community Telecommunications Administrators (MACTA) are supporting changes to the bill which wilt: * define public rights -of -way; * update language and make it clear that cities have authority to require telecommunications providers to obtain permits in order to control use of public property and rights -of -way; * authorize permit fees to cover actual costs of permitting as well as expenses associated with monitoring compliance and costs to cities from the toss of value of rights -of -way or public property as a result of installation or continued occupancy; * require public space, spectrum or channel capacity, services or technology to be reserved free of charge in order to provide public, educational, informational, cultural, civic, or charitable services without cost to the public; * direct the Minnesota Department of Public Service (DPS) to report to the state legislature by January 1, 1996, how to ensure public access to local government and other public access programming on technologies such as video dialtone and satellite transmission in a manner equivalent to requirements carried out by cable companies under terms of local franchise agreements (as mandated by M.S. 238); * direct the DPS to study fees and related compensation cities may assess and receive from utilities and cable companies and to develop recommendations by January 1, 1996, for AN 1QUAL OPPOICI'UNLTYIAPTIRMATIVFE, ACTION EMPLOYY'S (612)490000 1-800.9294122 plus your city code MD(612) 4000-9038 Fax(912) 49Q-047'2 TO'd I Zil °N- $S-: t7ti - S6 Z..a-eW-.-....-..-.. - ZO0_-fl6t7=319.: 73,1 S3I1ID..-.NW... JO _3f1Jti3i- state policy regarding the purposes, amount and uses for which these fees and related compensation may be assessed by and paid to cities; * prohibit telecommunications companies from using public rights -of -way to offer video signals or programming to local subscribers in competition with local cable companies until the 96 legislature considers recommendations from the Department of Public Service to ensure public access and the matter of tees and related compensation which cities charge to and are paid by utilities and cable companies for use of public rights -of -way; * bar telecommunications providers other than cable companies from offering video programming or signals to subscribers without providing the same level of support for public, educational and government access and programming provided by cable franchise operators; * authorize cities, townships and counties to charge up to five percent of gross revenues derived from delivery of new communications services to subscribers or a linear foot charge for underground transmission lines or conduit in the public rights -of --way; * establish additional anti -discrimination standards, including: - ensure that services are available to the broadest range of subscribers without regard to income or location (anti -redlining); - require services to be provided to identified discrete communities within the city, township, school district or county; require open access to the communications infrastructure through development of a "seamless web" of service delivery systems; prohibit service providers from unnecessarily duplicating equipment or facilities. See list of members. If your legislator is listed, please calf him or her inttnediately or arrange to talk with them over the weekend. If your legislator is not a member of the committee, call to ask that he/she contact committee members about our concerns. Members of House Regulated Industries Committee Chair: Steve Trimble (Dist. 67B) 485 State Office Bldg. 296-4231 Vice Chair: Steve Kelley(Dist. 44A) 417 State Office Bldg. 296-3964 Bob Anderson (Dist. l0A) 437 State Office Bldg. 296-4946 Mike Delmont (Dist. 51A) 575 State Office Bldg. 296-4226 Jerry Dempsey (Dist. 29A) 251 State Office Bldg. 296-8635 Ron Erhardt (Dist. 42A) 237 State Office Bldg. 296-4363 Alice Hausman (Dist. 66B) 449 State Office Bldg, 296-3824 Mark Holston (Dist. 56A) 351 State Office Bldg. 296-3018 Zvi' d oN 6S-: VT $6...£Z- J Tom Huntley (Dist. 6B) Loren Jennings (Dist. 18B) Becky Kelso (Dist. 35B) Mark Mahon (Dist. 40A) Edgar Olson (Dist. 2B) Mark Olson (Dist. 19A) Dennis Ozment (Dist. 37A) Tim Tunheim (Dist. 1A) Barb Vickerman (Dist. 23A) Ken Wolf (Dist. 41B) Tom Workman (Dist. 43A) 569 State Office Bldg. 537 Mate Office Bldg. 415 State Office Bldg. 401 State Office Bldg. 565 State Office Bldg. 223 State Office Bldg. 283 State Office Bldg. 509 State Office Bldg. 211 State Office Bldg. 317 State Office Bldg. 339 State OMcc Bldg. 296.2223 296-0518 296-1072 296-7158 296-4265 296-4237 296-4306 296-9635 296-9303 296-5185 2966-5066 20' d I TO' oN- 6S: VT S6.._ L_. 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