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Home My WebLink About040692 RegularHERITAGE COMMUNITY 1891 1991 MINUTES OF THE CITY COUNCIL April 6, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, April 6, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Director of Public Works Anderson, City Attorney Kessel and Recording Secretary Jaspers. Councilmember Fitzgerald was absent due to being ill. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the March 16, 1992 Council meeting were reviewed by Council. Mayor Andren stated that under Other Business, Consent Agenda item H was discussed and by unanimous consent approved by the Council. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE MARCH 16, 1992 COUNCIL MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion carried. The next order of business was approval of the Consent Agenda as follows: a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of New MVTA Representative Consider Approval of LELS Contract Agreement Consider Approval of Temporary Beer Permit for Church$£. of St. Michael Aprilfest MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (d). Note: Councilmember Kedrowski abstained on Item (b). Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion passed unanimously. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes of The Prior Lake City Council April 6, 1992 Councilmember Kedrowski asked for suggestions and input regarding the activities of the Minnesota Valley Transit Authority since a workshop was planned for Saturday, April 11. Mayor Andren stated that two areas needed some concentration: 1) the feeder system for the various suburbs and, 2) the Dial-A-Ride concept. There was a brief discussion on the funds for transit services. A ten minute recess was called for the purpose of the Mayor to meet with the City Manager. The meeting reconvened at 7:55 p.m. The next order of business was: Continuation of Public Hearing on Transfer of Star Midwest Inc. Cable Stock Ownership to D.D. ~.H. Cable Partners, L.P. City Manager Unmacht reviewed briefly the Cab2e purpose and process of this agenda item and introduced Thomas T~~ Creighton legal counsel for the City on this transaction. Thomas Creighton reviewed the cable television franchise transfer in regards to character qualifications, legal criteria, technical ability, and financial stability; the City's responsibility and concerns; the School District's interest; and recommendations in staff's report with regard to franchise fee increase, public access studio lease agreement, rate tiering, addition of Channel 6, establishment of a local office, and effect of Federal Legislation. Attorney Creighton also added an additional recommendation: Star Midwest is entitled to rely upon the Council's approval (if it happens) this evening for the purpose of closing their transaction with D. D. Cable Partners. Council discussion followed with regard to the responsibility of any existing Star Midwest obligations, specifically to the School District, maintenance of access studio equipment, upgrade of reception/transmission equipment, the lapse of the lease agreement with the School District since 1989, impact of Federal Legislation, and that the new cable owners be more sensitive toward city officials and the community. The Public Hearing was called to order by Mayor Andren at 8:25 p.m. for public comment. School District #719 Representative Fred Blaisdell commented on the cable access studio in the school, the City and School's responsibility, the reasons for the recommended increase in the studio lease agreement, repair and upkeep of equipment, and the sound capability of the cable studio. Jane Bremer of Larkin, Hoffman Law Firm who representing D.D. Cable Partners was available to answer any questions. She stated that issues have been and can be negotiated and worked out to everyone's satisfaction. More discussion followed with Councilmembers. It was noted that a cable franchise is a non exclusive franchise. Minutes of The Prior Lake City Council April 6, 1992 There was no additional comments from the public and no written comments were received. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE OWNERSHIP TRANSFER FROM STAR CABLE TO D.D. CABLE PARTNERS, L.P. Cab2e SUBJECT TO THE FOLLOWING CONDITIONS: T~a~ ® FRANCHISE FEE TO BE INCREASED FROM 3% TO 5% WITH A TERM EXTENSION OF 5 YEARS FROM THE CURRENT FRANCHISE EXPIRATION DATE OF 1997 TO DECEMBER 31, 2002. · CONSIDERATION BE GIVEN TO A RATE TIERING SYSTEM FOR BASIC CABLE SERVICE (AS ADDRESSED IN ROZELLE LETTER OF MARCH 25, 1992). · REGIONAL CHANNEL 6 WILL BE ACTIVATED AND ADDED TO OUR CURRENT CABLE CONFIGURATION PROVIDED NO TOWER WILL BE NECESSARY TO MAKE THE SERVICE AVAILABLE. · CONTINGENT UPON D.D. CABLE PARTNERS BEING THE OWNER, A LOCAL OFFICE (SAVAGE OR PRIOR LAKE) WILL BE ESTABLISHED AND AVAILABLE TO RESIDENTS DURING USUAL BUSINESS HOURS AS INDICATED ON THE MRI. 5. NEW OWNERS COMPLY WITH THE EXISTING FRANCHISE AGREEMENT. · STAR MIDWEST IS ENTITLED TO RELY ON THE APRIL 6, 1992 COUNCIL ACTION FOR THE PURPOSE OF CLOSING. · STAFF WILL PREPARE THIS MOTION IN RESOLUTION FORM FOR FILING PURPOSES. (CITY MANAGER' S NOTE: SEE RESOLUTION 92-14) . Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion carried. MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion carried. The meeting adjourned for 5 minutes for the purpose of going into a closed session to discuss a pending litigation. Mayor Andren reconvened the Council Meeting at 9:20 p.m. The next order of business was: Closed Session: Pending C.~,.~.~. Litigation of Developer's Failure to Repair Street in Raspberry Ridge Subdivision· Those present at the closed session were:LL~oa Mayor Andren, Councilmembers White, Scott, Kedrowski, City Manager Unmacht, city Attorney Kessel, City Engineer Anderson, and Recording Secretary Jaspers· Minutes of The Prior Lake City Council April 6, 1992 Discussion followed. The next Council meeting will be Monday, April 20, 1992 at 7:30 p.m. There being no further business, the meeting 9djo~ne~,at 9:45 p.m. by general consent of the Council. / ~ Cit Manager Ange~a Jas~rs U Recording Secretary