10-21-02 SCCITEM 3.2 •
SPECIAL CITY COUNCIL
MEETING
MONDAY
OCTOBER 21, 2002
7 PM
OTSEGO CITY HALL
1. Mayor Fournier will call the meeting to order.
Mayor Fournier called the Special Council Meeting to order at 7:00 PM.
Roll Call: Mayor Larry Fournier, Councilmembers: Jerry Struthers, Vern Heidner
and Suzanne Ackerman arrived at 7:09 PM.
Absent: Virginia Wendel.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; and Robert Vose, Special Counsel.
2. Consider agenda approval.
Mayor Fournier adds under Item 4.0 Roadway setback on County Roadways.
CM Heidner motioned adoption of agenda as amended. Seconded by CM Struthers.
All in favor. Motion carried.
3. Andrew MacArthur, City Attorney_.
3.1. Discussion of the applications for W -H Link and Charter.
Mr. Vose noted the WH Link Letter of October 18, 2002, which makes the argument that
because they are an open video system they feel that excludes WH Link from needing a
franchise and serving the whole city. The letter and the citizen petition are not a part of
the official record - not knowing how this petition was put together he encouraged the
council to put little value on this petition.
Mr. Vose said it is important to understand the discussions regarding Wright -Hennepin
Link (WH Link) issues. They have indicated previously they will not budge on the
service area issue.
Mayor Fournier asked if the service area is a source of disagreement for other cable TV
companies. Mr. Vose said this has never been the issue dealing with other companies
except for one other City, which would be built out over time. Charter has a density rule
of 9 homes per quarter mile and he is not familiar with other cities with limited service
areas. CM Heidner asked if a City could take over phone companies and cable companies.
Mr. Vose replied that they could. Mayor Fournier stated that it sounds like that neither
company will serve every home in Otsego. Mr. Vose said in Charter's Franchise it
contemplates that they will build out their system where there is sufficient density unless
residents want to pay the costs.
CM Heidner said Charter has been here more than 12 years and he has heard other Cities
give 6 years to build out.
City Council Meeting of October 21, 2002, cont'd. Page 2.
Mayor Fournier stated he is a supporter of competition and asked what if they approve the
WH Link Franchise, giving them a certain length of time to serve the entire City the same
as what was done for Charter. Mr. Vose replied the City Council could do that.
Mark Ayotte, representing WH Link, asked the Council to consider federal law and its
application to this issue. He said he feels parts of the proposed franchise agreement are
not consistent with federal law. Mr. Vose stated he rejects that argument.
4. Any other Council Business.
4.1. Roadway setbacks on County Roads.
Mayor Fournier wanted this discussed because the County turned down the Quaday
Addition. CM Heidner would like to meet with representatives from Pulte Homes,
Emmerich, Anoka Equine, and City Staff and come up with ideas to present to Wright
County. CM Heidner will represent the City at the County Meeting.
5. Adjourn.
CM Heidner motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion carried.
Meeting adjourned at 8:23 PM.
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