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HomeMy WebLinkAbout1975/08/11 - ADMIN - Minutes - City Council - RegularMINUTES SPECIAL CITY COUNCIL MEETING August 11, 1975 The special me-eting of the St. Louis Park City Council to discuss the request of ferry Polinsky to transfer that portion of the City's CATV franchise held by Warner Cable Company, New York, to him was called to order by Mayor Fleetham at 9:58 p: m The following Councilmen were present: Richard Graves Lyle Hanks Seymour Druskin Leonard Thiel Rose -Mary Griak Mayor Fleetham Also present were the Acting City Manager and Acting Secretary. Announcements - Mayor- Fleetham announced that the Suburban Public Health Nursing Service is holding a meeting at 11:30 a.m. on Thursday, August 14, 1975in the Community Room in the Minnetonka City Hall to discuss their budgetary Fleetham or 1976 He encouraged as many Councilmen to attend as possible. to the Board of also announced r_hat Councilman Lyle Hanks has been appointed Directors of the Association of Metropolitan Municipalities. Bequest to Transfer CATV Franchise - Jerry Polinsky explained that he has both attempted to et. the Warner Company to fulfill the terms of the franchise and also P g s franchise. He noted that he to get someone to assume its interest in the City an because of and the City would have. a strong legal case against Warner Come y it would be his and the City's obligation their default on the franchise; however, his attorney that it may to prove damages, He. stated that he has Therefores heen advised bis requesting that the be difficult to prove monetary damages. the Warner Company City Council rransf a ..- that portion of the CATV theenCityeo eb St,Louis Park sign a (657) to him on the condition that both he and an release of Wainer Cable Mr. Polinsky noted that he has hiredTelcomtof St.tLouisk with the Federal Communications Commission and intendss� will be operational Missouri as his technical consultant. He hopes the system whereby CATV next June. He then explained the features of Home Box office,whereby approximately subscribers can urcha4 an additional channel which will provide other special P concerts, sports events, 70 hours per week of first run movies, features stated that the 5% ThoMro Polinsky In response to partners in the P questions from CosoHome Box Office subscription gross subscriber revenues would al in revenues, stated that he does not intend to have any He further 235 INk franchise and will be doing all of the financing himself. Mr. Polinsky stated that he does not feel that a $300,000 construction bondial is losses, as if he does nct perform adequately, he will suffer In response to questions from Councilman Griak, Jerry Polinsky stated that in marketing CATV serice he intends to emphasize the availability of stations e* from Chicago and Winnepeg and the Home Box office service, Mrs Polinsky stated, in response to questions from Councilman Hanks, that he hopes to get the franchises and construct CATV systems in many of the neighboring suburbs; however, at the present time, he could not individually handle franchises for Minneapolis and St: Paul He noted that a $7.95 subscription rate is required to make the system viable and that he intends to use a shadow cable, set-top converter rather than a dual cable system. Mayor Fleetham noted that according to the franchise, the Council must approve all fees and rates, including the Home Box Office additional fee. Mr. Polinsky stated that i.f the franchise transfer can be effectuated in August, he anticipates beginning construction in December or January, with approximately three-quarters of the system being operational by June, 1976. He stated that he does not at the present time intend to give the initial hook-ups free but anticipates offering them at a reduced rate. At the request of Councilman Thiel, Mr. Polinsky agreed to provide the Council with a copy of his personal financial statement as well as information showing the capitalization on the new corporation. In reviewing the points to be negotiated listed in Resolution No. 5158, Mr. Polinsky stated that a $7-95 subscription rate would be required; that he intends to provide at the present time a mobile van with black and white capabilities; and that he agrees to the existing franchise terms relative to the City's right to purchase. He noted that Points No. 4 and 5 do not pertain to his request. He agreed to provide live remote capability from at least three locations to be designated by the Council; to log correspondence; and to assist the City in obtainitg approval of a 5% franchise tax with the FCC. He stated that he does not feel that any type of performance or surety bond is necessary, Councilman Thiel requested that the City Attorney provide the Council with an opinion relative to the need for a bond - It was moved by Councilman Thiel, seconded by Councilman Graves, that subject to (1) Mr Polinsky's supplying the Council with financial information; (2) the recommendations of the City Attorney relative to the required bond and requested techni^al changes and (3) a formal agreement between the City and Mr. Poliasky's attorney, that the Council express its intent to transfer the franchise. Mr. Polinsky noted that if he has not made any substantial progress in constructi this system by February 1, 1976 the City can take over the entire franchise* Following further dls;_u951on the motion was Withdrawn. Mr. Polinsky noted that he is requesting the same technical changes as those requested by Cable Media. 236 ���tt Was T-egUe& c -ed t o es requeEted by August 18: �cte�t ; Susan Workman, cosnsult with Mr,, Polinsky's attorney relative to all of and report to the Council on the status of the transfer 19750 Acting Secretary 237 L -