CR 95-59 Cable Line Extension PlanMarch 29, 1995
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Resolution 95 -26 directing the Southwest Suburban Cable Commission to handle issues arising under
the line extension policy.
Adoption of this motion will allow the Southwest Suburban Cable Commission (SWSCC) to review the
applicable line extension policy and engage in negotiations with Paragon Cable regarding the connection of a
non - dwelling unit to cable service.
Overview
The Elks Lodge in Hopkins wants to be hooked up to cable. When they approached Paragon they were told
that it would cost over $4,000 to be hooked up. This cost represents Paragon Cable's estimate for installation
which would involve burying the cable. Staff believes that, while this estimate may be the actual cost of the
installation, Paragon should be required to absorb these costs since this area should have been wired during
the initial installation of cable in the city.
Staff has had conversations with both Paragon Cable and the SWSCC administrators regarding this issue.
Nothing has been resolved yet. Theresa Harris, of Fredrikson & Byron, is recommending that the city adopt a
resolution authorizing the SWSCC to act for the city in this matter.
Primary Issues to Consider
What is the purpose of this resolution?
The purpose of this resolution is to allow the SWSCC to represent the city. Staff is recommending
that the Council approve this resolution. Any discussions concerning cable would have to involve
Fredrikson & Byron, acting for the SWSCC, since they are the experts on the franchise. This
resolution will allow Fredrikson & Byron to deal with Paragon Cable directly rather than have to work
through city staff. The city would, of course, retain the right to approve any agreement.
Supporting Information
Resolution #95 -26
Letter from Theresa Harris
J. *'s A. Genellie
ity Clerk
RESOLUTION REGARDING
CABLE LINE EXTENSION POLICY
Council Report 95 -059
Dear Jim:
FREDRIKSON & BYRON, P.A.
VIA FACSIMILE /935 -1834
Mr. Jim Genellie
Assistant City Manager
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attorneys At Law
Re: Providing Service to Elk Lodge
March 24, 1995
1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402 -3397
(612) 347 -7000
FAX (612) 347 -7077
Direct Dial No.
(612) 347 -7131
We have reviewed the franchise for the City of Hopkins regarding the line extension policy
for non- dwelling buildings. If the density of dwelling units is equal to or exceeds 40 dwelling units
per street mile or cable mile, there should be no additional cost contribution for connecting a non-
dwelling unit beyond the normal installation fee. If the density does not exceed 40 dwelling units
per mile, then additional fees may be requested by Paragon.
The Elk Lodge has the option of accepting the cost which Paragon indicates or requesting
that the City Council declare the area in which the building resides an "extended area." If the City
Council passes such a resolution, a cost contribution formula will determine the amount the Elk
Lodge must pay.
As we reviewed the franchise, we noted that the franchise anticipated that the Commission
would be the franchising body and would resolve issues regarding the line extension policy. The
Cities, however, did not designate the Commission as the franchising authority and thus, the
Commission technically does not have the power to handle this matter without express authority to
do so from the Cities.
While we will continue to review this policy, we suggest that you place a Resolution on the
agenda of your City Council which authorizes the Southwest Suburban Cable Commission to handle
this matter with Paragon Cable. Such a Resolution may avert a situation in which Paragon claims
that the Commission and its staff should not handle this matter. Once such a Resolution is enacted,
FREDRIKSON & BYRON, P.A.
Attorneys At Law
Mr. Jim Genellie
March 24, 1995
Page 2
we will be happy to continue negotiations on this matter with Paragon Cable. We have enclosed a
draft resolution for your convenience.
If you have any questions regarding this procedure, please feel free to contact me at the
above direct dial number.
Enclosure
TMH/cg /396701
Very truly yours,
WHEREAS, the City of Hopkins, Minnesota (the "City "), received a request for
assistance in resolving an issue regarding the cost of connection to cable service in the City;
and
WHEREAS, the cable franchise ordinance for the City states that issues regarding the
line extension policy referenced in Article V, Section 2 must come before the City Council;
and
WHEREAS, the City Council believes it is appropriate for the Southwest Suburban
Cable Commission to act as its agent and negotiate such policies with Paragon Cable, the
current franchisee of the cable system.
NOW, THEREFORE, the City Council for the City of Hopkins resolves that the
Southwest Suburban Cable Commission is directed and authorized to review the applicable
line extension policy and engage in negotiations with Paragon Cable, the current franchisee
of the cable system regarding such line extension policy and the connection of a non - dwelling
unit to cable service.
A motion to approve the foregoing Resolution # , was made by
Council member and duly seconded by Council member
ATTEST:
Clerk
396709
RESOLUTION OF THE CITY OF HOPKINS, MINNESOTA
DIRECTING THE SOUTHWEST SUBURBAN CABLE COMMISSION
TO HANDLE ISSUES ARISING UNDER THE LINE EXTENSION POLICY
The following Council members voted in the affirmative:
The following Council members voted in the negative:
Passed and adopted this day of 1995.
Mayor